Wage & Hours Law
In addition to the federal Fair Labor Standards Act of 1938, Washington has the Washington Minimum Wage Act. Employers in Washington must comply with both the Fair Labor Standards Act and the Washington Minimum Wage Act. The effect of this is that the law most generous to employees will typically prevail.
Generally, the FLSA covers individual employees or employers with two or more employees engaged in interstate commerce. The WMWA applies only to Washington employers. Certain individuals, like independent contractors and volunteers, are excluded from the FLSA and the WMWA. With regard to interns, the law is unsettled whether unpaid interns are required to receive wages. Some courts in other jurisdictions have deemed unpaid interns as “employees” potentially eligible for wages. Other courts have ruled differently. Consequently, if considering interns, the employer should make sure the unpaid internship meets federal rules setting out the factors considered for that exemption.
Certain employees are exempt from the FLSA and the WMWA. Under the Department of Labor and the Department of Labor & Industries, there are regulations that establish “short tests” and “long tests” to determine if the employee meets an exemption. Generally, an employee will meet the criteria for an exempt executive, administrative or professional employee if the employee performs exempt quality work, maintains a sufficient quantity of exempt quality work as part of his or her regular duties, and earns a sufficient compensation. The FLSA and the WMWA include a special exemption for employees serving as highly skilled computer systems analysts, computer programmers, software engineers, or other similarly skilled workers. This exemption applies only to highly skilled employees who have achieved a level of proficiency in computer systems analysis, programming and engineering. It does not include employees engaged in operating computers or in the field of manufacture, repair or maintenance of computer hardware. Certain salespersons are exempt under both the FLSA and the WMWA. Commissioned salespersons may be exempt from overtime requirements for sales of goods and services. One critical inquiry is whether the employee is a salesperson. For example, our Washington courts have held that a vending machine delivery driver was not a “salesperson” for purposes of the exemption.
Generally, the FLSA covers individual employees or employers with two or more employees engaged in interstate commerce. The WMWA applies only to Washington employers. Certain individuals, like independent contractors and volunteers, are excluded from the FLSA and the WMWA. With regard to interns, the law is unsettled whether unpaid interns are required to receive wages. Some courts in other jurisdictions have deemed unpaid interns as “employees” potentially eligible for wages. Other courts have ruled differently. Consequently, if considering interns, the employer should make sure the unpaid internship meets federal rules setting out the factors considered for that exemption.
Certain employees are exempt from the FLSA and the WMWA. Under the Department of Labor and the Department of Labor & Industries, there are regulations that establish “short tests” and “long tests” to determine if the employee meets an exemption. Generally, an employee will meet the criteria for an exempt executive, administrative or professional employee if the employee performs exempt quality work, maintains a sufficient quantity of exempt quality work as part of his or her regular duties, and earns a sufficient compensation. The FLSA and the WMWA include a special exemption for employees serving as highly skilled computer systems analysts, computer programmers, software engineers, or other similarly skilled workers. This exemption applies only to highly skilled employees who have achieved a level of proficiency in computer systems analysis, programming and engineering. It does not include employees engaged in operating computers or in the field of manufacture, repair or maintenance of computer hardware. Certain salespersons are exempt under both the FLSA and the WMWA. Commissioned salespersons may be exempt from overtime requirements for sales of goods and services. One critical inquiry is whether the employee is a salesperson. For example, our Washington courts have held that a vending machine delivery driver was not a “salesperson” for purposes of the exemption.