WAC 296-128-535 states that:
"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" [0]
3.5 times the current minimum wage would be $16.28 * 3.5 * 160hrs * 12 or ~109k / yr, before the minimum wage increases here again in January.
- I design, document, write, test, debug, etc. low-level software in my job (I fit the description according to the written law).
- I am compensated on a salary basis.
I'm assuming, if this were correct, my employer would also owe me back pay if this is in fact a miscalculation, of all the months since I started (I started after January 1, 2022)?
[0] https://app.leg.wa.gov/wac/default.aspx?cite=296-128-535
This interpretation is incorrect. The section you mention is a subsection of 296-128-500, which defines the minimum rates for certain professions to be exempt from overtime. In this case, computer professionals paid at least 3.5x the minimum wage and who are paid on an hourly basis are exempt. The level to qualify as exempt if an employee is paid on a salary basis is defined in 545.
"Effective January 1, 2025, exempt computer professionals paid at an hourly rate must be paid at least $58.31 per hour in order to be exempt." [0]
"...or $58.31 per hour and be exempt from overtime pay." [1]
[0] https://www.seyfarth.com/news-insights/washington-increases-...
[1] https://www.millernash.com/industry-news/washington-state-an...
Listen to actual lawyers which are causing awareness of this.
That's low, you should estimate by total hours over the year, and not an assumption of just 4 weeks per month (you're losing 4 weeks of pay that way). The average work hours per year at 40 hours/week is 2087 (this is the number the federal government uses). Calculating your salary based on that you would get $118,917.26/year as the minimum salary.