Washington Variance Application - Employment Standards

State:
Washington
Control #:
WA-SKU-4036
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PDF
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Description

Variance Application - Employment Standards

Washington Variance Application — Employment Standards is a legal document used to request a variance from the Employment Security Department (ESD) in Washington State. It allows employers to request an exemption from certain employment standards, including minimum wage, overtime, and other labor laws. There are two types of Washington Variance Applications: Standard and Expedited. The Standard Variance Application is used for requests of exemption from multiple employment standards, while the Expedited Variance Application is used for requests of exemption from only one employment standard. Both applications require employers to provide detailed information about their business, the specific employment standards they are requesting a variance from, and the reasons for their request. The Washington Variance Application — Employment Standards is designed to provide employers with an opportunity to explain why they should be granted an exemption from certain employment standards.

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FAQ

Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.

There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. The Act applies on a workweek basis.

Employees required to work in excess of the eight-hour maximum per day or the forty-hour maximum per week shall be compensated by not less than equal hours of compensatory time off or, in lieu thereof, a premium rate of pay per hour equal to not less than one-one hundred and seventy-sixth of the employee's gross

For most employees, there are no state requirements regulating how and when they are scheduled. An employer has the right to change an employee's schedule at any time, with or without notice. Employers are not required to give weekends or holidays off and can schedule mandatory overtime.

The Work Variance field contains the difference between baseline work of a task, resource, or assignment and the currently scheduled work.

Most employees who work more than 40 hours in a 7-day workweek must be paid overtime. Overtime pay must be at least 1.5 times the employee's regular hourly rate. Other overtime rates, like double time pay are not required under Washington state law, with the exception of certain public works projects.

2 Where do hours of employment come from? Employment can be part-time (31 hours per week or less) or full-time (32 hours per week or more).

More info

Please complete this form in full. OSHA's Variance Program.A variance is permission granted to an employer to deviate from the requirements of an OSHA standard under specified conditions. A variance permits a private sector employer or class of employers to depart from the requirements of an OSHA standard under specified conditions. If you wish to apply for variances to multiple. The Employment Standards Branch must receive the application at least 30 days before the previous variance expires to allow time for processing. Instructions for completing this form are on next page. Following receipt of a complete variance application containing all the required information, Board staff will docket the application. To apply for a period of rest that is different from the requirement in Section 66(1)(a) of the Labour Standards Code: Complete the online form below. An employer must file a variance application in accordance with the requirements of NCGS 95-132 and NCAC 7A .

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Washington Variance Application - Employment Standards