A Note from Small Biz Andrew
Greetings, delightful small business humans!
We’re already well into the cutest season of the year, awwwtumn, and so far it has been a month to November. Times sure have changed since our last newsletter, and while I’m not so sure these daylight saving time transitions are much fun (I give it five months at best), it is at least a rare opportunity for effortless time travel. I still think that maybe if daylight planned a little better, we wouldn’t have to be saving it all the time.
For many of you, it doesn’t get butter than November because this month means feasting with family. So stop, drop, and pass the rolls because bread-y or not, here I crumb with some corny autumn food puns. To feast or not to feast? That is the question. And while you’re pondering whether to ride that gravy train to being stuffed, here are some topics I’m serving up for you in this edition of the Small Business Newsletter:
- Minimum wage changes for 2023 and how they affect overtime and more
- Some tips and good news about poster scams targeting WA businesses
- A new administrative policy to help you understand how to comply with the Equal Pay and Opportunities Act, including its new changes
- Tax credit opportunities for your workers
- Easy return-to-work resources, webinars, and more
No matter the time of year, I’m always giving thanks for your readership. But will I likely end up eating nothing but leftovers the last week of this month? I cran, and I will.
Hope life is gourd for you this fall and it gives you pumpkin to talk about.
Your friendly friend at L&I,
Andrew Bryan
Asst. Small Business Liaison
2023 Minimum Wages
Learn the state and local minimums for next year and how it affects noncompete agreements and more.
- State minimum wage increases to $15.74 per hour on January 1, 2023.
- Seattle minimum wage will be $16.50 - $18.69 per hour depending on business size and if benefits or tips are offered.
- SeaTac minimum wage will be $19.06 per hour.
- Tukwila recently voted on a ballot measure to increase the minimum wage.
- Large employers (over 500 employees) must match SeaTac in July 2023.
- Covered employers (15 to 500, or annual gross revenue over $2 million) have a phased in approach, which is $17.06 in July 2023.
- Small employers (fewer than 15 employees) are exempt.
- Only employees or independent contractors who earn more than thresholds established by law can be held to non-competition agreements.
- Employee minimum threshold: $116,593.18.
- Independent Contractor minimum threshold: $291,482.95.
- An employee's outside employment or self-employment cannot be restricted unless they are paid two times the minimum wage.
- 2023 threshold: $31.48 per hour ($65,478.40 per year).
For more details, please visit our Minimum Wage page.
2023 Increase to Workers' Compensation Rates
Rising inflation and higher medical costs translate to higher average premiums next year.
- L&I proposed a 4.8% increase in the average price of workers' compensation insurance in 2023.
- This increase translates to an additional $61 per year on average that employers and workers would jointly pay.
See the Proposed Rates page for more information.
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Small Biz Andrew's Business Jests #1
What clock is always the hardest to change back from daylight saving time?
A sundial.
2023 Salary Thresholds to Meet Overtime Exemptions
A new multiplier and increase to minimum wage mean new thresholds for meeting overtime exemptions for your salaried workers.
To be considered exempt from overtime, workers must:
- Be salaried.
- Paid a minimum specified salary level.
- Primarily perform executive, administrative, professional, outside sales or computer professional duties as defined by state regulations.
The minimum salary thresholds for overtime exempt workers in 2023:
- Small employers (50 or fewer employees): $57,293.60 per year ($1,101.80 per week).
- Large employers (51 or more employees): $65,478.40 per year ($1,259.20 per week).
- Exempt computer professionals may be paid an hourly rate instead of a salary, which is 3.5 times the minimum wage, regardless of employer size: $55.09 per hour.
L&I updated the overtime rules in 2020, creating an eight-year implementation schedule that incrementally raises the minimum wage multiplier until it reaches 2.5 times in 2028. The pace of the increase is based on the size of the employer.
Please see the Changes to Overtime Rules page for more details.
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Schedule Your Next Appointment at Our Office Locations
In-person appointments can be scheduled by phone or online at one of our many locations for direct assistance.
Customers can now schedule in-person appointments by:
- Calling their local L&I office (select appropriate location and call the listed number).
- Using the new online scheduling tool on Lni.wa.gov (select appropriate location and choose “Book Online”).
- Walk-in service is available but those without appointments may experience longer wait times.
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Small Biz Andrew's Business Jests #2
What is Humpty Dumpty's favorite season?
Obviously, autumn. People won't stop talking about that great fall he had.
Poster Scams: Good News and Some Tips
Judge orders two companies to pay $24.8 million for deceiving Washington small business owners.
- For years, thousands of Washington small business owners have been targeted by letters deceptively appearing to originate from the government. These letters imply that workplace posters must be purchased.
- Attorney General Bob Ferguson filed the successful lawsuits against Florida-based CA Certificate Service and Labor Poster Compliance.
- A total of 232,091 deceptive letters were sent and more than 15,000 Washington businesses purchased the posters.
- These Washington businesses are eligible for more than $1.27 million in restitution.
- The judge permanently blocked the defendants from any future mailings that appear to be a bill or invoice, or appear to originate from the government.
- The ruling was the first judgment against the businesses finding them liable for breaking the law anywhere in the country.
Protect your business from scams like these by staying in the know!
Read more about the ruling at the Washington State Office of the Attorney General website.
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L&I Releases New Administrative Policy on Equal Pay and Opportunities Act (EPOA)
The new policy provides guidance to businesses on the EPOA.
- The law prohibits gender pay discrimination and promotes fairness among both employees and job applicants.
- The administrative policy addresses new job posting requirements and existing interpretations of the act.
- Employment Standards program is hosting a series of hour-long educational webinars, the soonest of which are:
- For in-depth education on EPOA, employers can request a consultation for a comprehensive review of your employment policies and practices to assess potential risks, or a consultation for any specific concerns.
For more information, email L&I's Equal Pay Agents or call 360-902-6625.
Small Biz Andrew's Business Jests #3
Why do clocks at all-you-can-eat buffets always run slow?
They're always going back four seconds.
Help L&I Improve Programs Offered to Employers by Completing a Paid Survey
Your opinions matter! L&I is looking for employers to participate in paid focus groups in English and Spanish. This is an opportunity for you to improve programs offered to employers. If you are interested in sharing your thoughts, please complete a brief online survey to determine eligibility.
Ayuda a Labor E Industrias mejorar programas ofrecidos para empleadores
El Departamento de Labor e Industrias (L&I, por su sigla en inglés) del Estado de Washington está buscando empleadores para participar en grupos focales pagados en inglés y español. Sus opiniones importan. Esta es una oportunidad para usted para mejorar programas ofrecidos para empleadores. Si está interesado en compartir sus opiniones, por favor complete una breve encuesta para determinar elegibilidad.
Small Biz Andrew's Business Jests #4
November is actually a pretty warm month.
Sure, it's not as hot as Novfire, but it's definitely warmer than Novashes.
Return to Work Program Made Easy With New Website
L&I SHIP grant funds WA Retail OneSource RTW Project
Access all the tools you need for return to work via the QR code or go to rtw.waworksafe.org.
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Small Biz Andrew's Business Jests #5
What is the ratio of a pumpkin's circumference to its diameter?
Pumpkin Pi.
COVID-19 Requirements in Effect (Updated Oct. 31)
The public emergency proclamation has ended, but COVID-19 remains a workplace hazard. Know what's required.
All employers must continue to ensure a safe workplace by adhering to the following items.
Minimum Requirements for All Workplaces
- Assess COVID-19 hazards in the workplace.
- Ensure COVID-19 hazards are addressed by the company’s Accident Prevention Program, or equivalent safety program.
- Keep employees who have tested positive or are symptomatic for COVID-19 out of the workplace for at least five days, per Washington State Department of Health guidance.
- Healthcare workers and others providing care to or working near someone known or suspected to have COVID-19 should wear appropriate, fit-tested, and NIOSH-approved respirators.
- Provide hand washing facilities and supplies, and regularly clean and sanitize surfaces.
- Educate employees about COVID-19 prevention in the language they understand best.
- Notify employees of any COVID-19 exposures at work.
- Report COVID-19 outbreaks to L&I (if the employer has 50 or more employees).
- Not discriminate against high-risk employees for seeking accommodations for COVID-19.
- Allow employees to voluntarily wear masks (respirators, medical procedure masks, or cloth face coverings) and PPE as long as it doesn’t create a safety or security issue.
Situations Where Masks Are Still Required
- In hospitals, dentist offices, medical facilities, and other health care settings.
- In long-term care settings, including home care, home health and home hospice.
- In correctional and jail facilities, except for facilities in areas where the community level is low.
- When use is necessary due to a COVID-19 hazard assessment.
- When required by Department of Health (DOH) or the Local Health Jurisdiction
- When respirators are required for protection against COVID-19, so is a written respirator program (see sample templates).
For more details on further requirements and resources, please consult the L&I Requirements and Guidance for Preventing COVID-19 page.
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Small Biz Andrew's Business Jests #6
What do you call it when a tree needs to take some time off to recover its health?
Sick Leaf.
4th Quarter Webinars for Small Business
L&I Essentials for Business webinars cover:
- Essentials about workers' compensation, quarterly reporting, what to do if your employee is injured, workplace safety and health requirements, wage and hour laws, and contractor registration rules.
- How to access a range of L&I resources and services designed to help your business save time and money.
- Various ways L&I partners with you to keep your workforce safe and healthy.
Upcoming monthly L&I Essentials for Business Webinars will be held on the following dates:
Webinars are also available in Spanish:
SBRR Offerings
Small Business Requirements and Resources (SBRR) Start a Business in Washington Webinar Dates:
Other L&I Webinars for Employers
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Small Biz Andrew's Business Jests #7
What happens when winter officially arrives?
Autumn leaves.
New Tax Credit for WA Workers in 2023
The Working Families Tax Credit is a new program your employees may qualify for.
- The Working Families Tax Credit provides payments up to $1,200 to low-to-moderate income individuals and families.
- Amounts are based on income level and number of qualifying children (if any).
- Purpose is to stimulate the local economy, promote racial equity, and support the financial stability and well-being of Washington residents and their families.
For more information and multilingual promotional materials, see the Department of Revenue's Working Families Tax Credit page.
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