Wash. Admin. Code § 296-128-535

Current through Register Vol. 24-21, November 1, 2024

Section 296-128-535 - Computer professionals

(1) The term "individual employed in a bona fide . professional capacity" in RCW 49.46.010(3)(c) shall also mean any employee:

(a) Who is a computer system analyst, computer programmer, software engineer, or other similarly skilled worker; and

(b) Whose primary duty consists of one of the following:

(i) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;

(ii) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(iii) The design, documentation, testing, creation or modification of computer programs related to machine operation systems; or

(iv) A combination of the aforementioned duties, the performance of which requires the same level of skills; and

(c) Who is compensated on a salary or fee basis, as provided in WAC 296-128-545, or on an hourly basis at a rate as follows:

(i) Beginning July 1, 2020, and through December 31, 2020:

(A) When the employee works for an employer with fifty or fewer employees, an amount not less than twenty-seven dollars and sixty-three cents per hour; and

(B) When the employee works for an employer with more than fifty employees, an amount not less than 2.75 times the minimum wage prescribed in RCW 49.46.020 per hour.

(ii) Beginning January 1, 2021, and through December 31, 2021:

(A) When the employee works for an employer with fifty or fewer employees, an amount not less than 2.75 times the minimum wage prescribed in RCW 49.46.020 per hour; and

(B) When the employee works for an employer with more than fifty employees, an amount not less than 3.5 times the minimum wage prescribed in RCW 49.46.020 per hour.

(iii) Beginning January 1, 2022, and each following year, an amount not less than 3.5 times the minimum wage prescribed in RCW 49.46.020 per hour regardless of the size of the employer.

Table 1

Illustration of Hourly Basis Rates for Computer Professionals

Employer Size	July 1, 2020	January 1, 2021	January 1, 2022
1-50 Employees	$27.63 per hour	Minimum wage x 2.75	Minimum wage x 3.5
51+ Employees	Minimum wage x 2.75	Minimum wage x 3.5	Minimum wage x 3.5

Table 1 is provided for illustrative purposes only.

(iv) For the purposes of this section, the size of the employer is based solely on the number of Washington-based employees it employs at the time of the effective date for each subsection. Each Washington-based employee counts as an employee for the purposes of determining the size of the employer regardless of whether that employee works fulltime or part-time. An employer classified as employing fewer than fifty employees under RCW 50A.10.030(8)(c) may rely on that classification for purposes of determining the size of the employer under this section for the following calendar year.

(2) The exemption for employees in computer occupations does not include:

(a) Employees engaged in the manufacture, repair, or maintenance of computer hardware and related equipment; or

(b) Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs (e.g., engineers, drafters and others skilled in computer-aided design software), but who are not primarily engaged in computer systems analysis and programming or other similarly skilled computer-related occupations identified in WAC 296-128-535(1)(a).

Wash. Admin. Code § 296-128-535

Amended by WSR 20-01-063, Filed 12/10/2019, effective 7/1/2020

Statutory Authority: RCW 49.46.010(5)(c). 98-02-027, § 296-128-535, filed 12/31/97, effective 2/1/98.