Wash. Admin. Code § 357-28-255 - [Effective until 7/1/2025] What constitutes overtime for an overtime eligible employee?
(1) The following
conditions constitute overtime for overtime eligible employees:
(a) Work in excess of 40 hours in one
workweek, except for law enforcement positions or hospital personnel assigned
to a 14-day schedule.
(i) For hospital
personnel assigned to a 14-day schedule, work in excess of eight hours in any
workday or 80 hours in a 14-day period constitutes overtime.
(ii) For law enforcement positions, work in
excess of the 160-hour, 28-day work period constitutes overtime.
(b) Work on a holiday per WAC
357-28-200.
(c) For full-time employees, work on a
scheduled day off when assigned by the employer.
(2) All paid holidays including the use of
holiday credit during the employee's regular work schedule are
considered time worked. Leave with pay during the employee's regular work
schedule is not considered time worked for purposes of determining
overtime eligibility.
(3) When an
overtime eligible employee experiences a schedule change which causes an
overlap in workweeks and requires work in excess of 40 hours in either the
previous or current workweek, the employee must receive overtime
compensation.
(4) Compensation
under the provisions of this section must be in accordance with the employer's
policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency
response duty under an incident command system as defined in
RCW
38.52.010; and
(b) Employees of the department of
corrections and department of social and health services who are in charge of
offenders assigned to assist in forest fire suppression and other emergency
incidents.
Notes
Statutory Authority: Chapter 41.06 RCW. 05-01-205, § 357-28-255, filed 12/21/04, effective 7/1/05.
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(1) The following conditions constitute overtime for overtime eligible employees:
(a) Work in excess of 40 hours in one workweek, except for law enforcement positions or hospital personnel assigned to a 14-day schedule.
(i) For hospital personnel assigned to a 14-day schedule, work in excess of eight hours in any workday or 80 hours in a 14-day period constitutes overtime.
(ii) For law enforcement positions, work in excess of the 160-hour, 28-day work period constitutes overtime.
(b) Work on a holiday per WAC 357-28-200.
(c) For full-time employees, work on a scheduled day off when assigned by the employer.
(2) All paid holidays including the use of holiday credit during the employee's regular work schedule are considered time worked. Leave with pay during the employee's regular work schedule is not considered time worked for purposes of determining overtime eligibility.
(3) When an overtime eligible employee experiences a schedule change which causes an overlap in workweeks and requires work in excess of 40 hours in either the previous or current workweek, the employee must receive overtime compensation.
(4) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections and department of social and health services who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
Notes
Statutory Authority: Chapter 41.06 RCW. 05-01-205, § 357-28-255, filed 12/21/04, effective 7/1/05.