Vigilant recently submitted comments on behalf of our members in response to the Washington Department of Labor and Industries (L&I) draft administrative policy addressing hours worked. This draft policy proposes changes to the existing policy ES.C.2, which was last revised on September 2, 2008. The revised policy attempts to clarify the current definition of “hours worked” for purposes of paying an employee. We found the revised language inconsistent and confusing, so we’ve recommended a clearer approach. The draft L&I policy also proposes a significant change on calculating hours worked by non-exempt employees when they travel out of town. The current administrative policy doesn’t even address out-of-town travel, but the revised policy would require compensation for employees from the time they leave their house until they arrive at their travel destination (e.g., hotel) regardless of how the employee spends that time. The result could be a significant increase for employers in required travel time pay for non-exempt employees. Vigilant’s comments oppose this significant expansion in compensable travel time.
Tips: We will continue to actively monitor revisions to L&I’s administrative policies and report on significant developments. For more information, including a copy of the draft policy, see L&I’s rulemaking and policy development web page. Contact your Vigilant Law Group employment attorney with any questions.