Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-535 - Computer professionals

Current through Register Vol. 24-14, July 15, 2024
(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.