Tips/Service Charges Draft Administrative Policy (Version 2)

Consultation has concluded

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On November 8, 2016, Washington voters passed Initiative 1433. The initiative created new requirements in the Washington Minimum Wage Act (RCW 49.46.020(3)) for employers to pay tips, gratuities, and service charges to employees. Rules addressing the enforcement of these requirements (found in WAC 296-128-820) were finalized on December 19, 2017.

To help employers implement these requirements, and to help workers understand their rights, L&I is developing an administrative policy which provides additional clarification. In August 2018, the department circulated an initial draft version of the administrative policy and solicited feedback from stakeholders.

The department reviewed the comments submitted, and identified additional updates to the administrative policy draft. As a follow-up to those edits, the department is circulating a second version of the draft administrative policy (Español) for stakeholders to review and provide feedback.

We are asking the public to review the second version of the draft administrative policy by January 7, 2019.

Feedback can be submitted directly to this page via the “Submit Comments” tab, or using an attached document via the “Upload Documents” tab.

Feedback can also be submitted via the ESRules@Lni.wa.gov email box. Feedback submitted to the email box will be uploaded to this engagement site.

On November 8, 2016, Washington voters passed Initiative 1433. The initiative created new requirements in the Washington Minimum Wage Act (RCW 49.46.020(3)) for employers to pay tips, gratuities, and service charges to employees. Rules addressing the enforcement of these requirements (found in WAC 296-128-820) were finalized on December 19, 2017.

To help employers implement these requirements, and to help workers understand their rights, L&I is developing an administrative policy which provides additional clarification. In August 2018, the department circulated an initial draft version of the administrative policy and solicited feedback from stakeholders.

The department reviewed the comments submitted, and identified additional updates to the administrative policy draft. As a follow-up to those edits, the department is circulating a second version of the draft administrative policy (Español) for stakeholders to review and provide feedback.

We are asking the public to review the second version of the draft administrative policy by January 7, 2019.

Feedback can be submitted directly to this page via the “Submit Comments” tab, or using an attached document via the “Upload Documents” tab.

Feedback can also be submitted via the ESRules@Lni.wa.gov email box. Feedback submitted to the email box will be uploaded to this engagement site.

To submit your feedback directly to this page, please enter your comments in the text box below.

(Submitted on 1/7/19 by Chasse Gunter)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

I've worked back and front of house positions for the last six years. I also support friends and coworkers by going out. I've worked my way up from lower positions and the initiative has always been a larger wage and a bigger cut of the tips. I always feel comfort knowing that all our tips are being split among my team who have worked towards and earned their higher paying position. Any successful restaurant I've been employed with has made plenty of money to give us our full cut of our tips. If they ever claim they couldn't afford it, they aren't going well enough to stay open. Our tips belong to us. Our service charge is ours. We earn it. Thank you. I know you'll make the right position and fight for every penny of our gratuity, on top of what ever our base wage is.

Allison Drake 3 months ago

(Submitted on 1/7/19 by Steve Marquardt and Traci Underwood)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing...

Allison Drake 3 months ago

(Submitted on 1/7/19 by Jordan Brown)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust you want what's best for your constituency. The economic well-being and fair treatment of workers in one of the largest industries in this city would and should be recognized as such. A restaurant that allows tips has the responsibility to the customer and the staff to make sure those funds are given to the worker as intended. Without the proper language to protect workers, tips have been used to fund the minimum wage required by law. Tips should be in addition to hourly wages of the restaurant employee.

Allison Drake 3 months ago

(Submitted on 1/7/19 by David L. West, WA Labor Education and Research Center)

Dear Mr. Sacks:

We are concerned that a reading of the proposed Administrative Policy on Tips, Gratuities, and Service Charges can leave the impression that L&I does not intend to enforce I-1433 when it comes to tip credits and local jurisdictions where the minimum wage is above the state minimum wage.

In section A(2) and B(3) below the language creates an ambiguity as to whether L&I intends to enforce local ordinances by stating that the treatment of tips, gratuities and service charges is “subject to interpretation by the local authority.” This would lead many readers and employers to guess that interpretation and thus enforcement of local laws is solely at the discretion of local governments. This is re-enforced by the following sentence stating that the “department enforces ordinances as obligated wage payment requirements.” Many readers may not be clear that L&I is referring to local ordinances (we assume) in this sentence – it should read all local and state ordinances and laws.

Ordinances setting minimum wages above the state minimum wage, and the treatment of tips and gratuities under those ordinances, are subject to interpretation by the local authority. The department enforces ordinances as obligated wage payment requirements. See RCW
49.48.082(12) and RCW 49.52.050(2).

Ordinances setting minimum wages above the state minimum wage, and the treatment of the employee portion of service charges under those ordinances, are subject to interpretation by the local authority. The department enforces ordinances as obligated wage payment requirements.
See RCW 49.48.082(12) and RCW 49.52.050(2).

We base our comments on a plain reading of the language concerning tips in the Initiative prohibits an employer from applying a tip credit towards either a state or local hourly minimum wage. Thus L&I has authority over all workers, and the language in I-1433 applies in all circumstances.

Thank you for the opportunity to submit comments on this issue.

Allison Drake 3 months ago

Director Sacks:

NFIB appreciates the opportunity to participate in the stakeholder process for the department's "Tips, Gratuities, and Service Charges" administrative policy update. Your policy and engagement team should be commended for their efforts on this project.

The December 2018 draft incorporates our prior recommendations, and appropriately addresses local ordinance obligations (see A.2., A.8., B.3., and B.6. for the latter).

The only unresolved question is whether the department will publish a model policy for tip pools, to assist small employers in their efforts to comply with the recommendations in A.3. for establishing a written policy on this topic. We encourage the department to work with the appropriate stakeholders to develop a model tip-pool policy.

Again, thank you for including NFIB in this policy development process. We look forward to continuing to work with your team to finalize the policy.

Best regards,

Patrick Connor
NFIB Washington State Director

Patrick Connor 3 months ago

(Submitted on 1/7/19 by Kristen Adamson)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing... I urge you to fully implement I-1433, and enforce workers’ rights to tips and service charges, regardless of where they live in Washington!

Allison Drake 3 months ago

(Submitted on 1/5/19 by Julia Buck)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

$15 really is not a living wage in my city. To allow food workers to support themselves, there needs to be either an agreed document for how tips are handled in a restaurant, or they need to entirely go to the server.

Allison Drake 3 months ago

(Submitted on 1/6/19 by David Arntson, Stacie Hartman, Jared Widman)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing...

Allison Drake 3 months ago

(Submitted on 1/5/19 by Rebecca Brooks)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do the right thing and clarify the language in the policy. Please make it clear that the new laws apply to all tipped workers, including those who make more than state or federal minimum wages.

Thank you for your time and attention.

Allison Drake 3 months ago

(Submitted on 1/5/19 by Marjorie Curci, Hooker Hailstone, Henry Herron, Nancy McMahon, Katherine Nelson, and Cornelia Shearer)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing...

Allison Drake 3 months ago

(Submitted on 1/4/19 by Peter Brazitis)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

Any other worker in Washington State makes at least minimum wage, but tipped workers are expected to have their minimum wages brought up to state minimum wage by the customers they serve. As an appointed official, I trust that you will do right thing...

Allison Drake 3 months ago

(Submitted on 1/4/19 by Emily Willoughby)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing. After all, when I eat out and leave a tip, I leave it to my server, (and those with whom my server shares their tips). I expect that that is where my tip goes!

Allison Drake 3 months ago

(Submitted on 1/4/19 by Laura Azar)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing...Tips have ALWAYS BEEN THE WAY TO TELL THE SERVER HOW WELL THEY DID!! They get paid minimum wage and the Better They Serve Me The Better The Tip!!!
WASHINGTON LEAVE TIPS TO THE WORKER'S, YOU MAKE PLENTY OF MONEY ON YOUR PRICES!!! TAKE YOUR HANDS OFF TIPS!!!

Allison Drake 3 months ago

(Submitted on 1/4/19 by Harold Phillips)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

This law can make all the difference for low wage service workers. Please make sure it applies to those workers in ALL Washington communities.

Allison Drake 3 months ago

(Submitted on 1/4/19 by Dan DiLeva)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I suspect that you will do the WRONG thing by letting employers of "tipped" workers keep the tips, but maybe with enough public outrage you will actually do the RIGHT thing by making it VERY clear to employers of "tipped" workers that the tips belong to the workers, not the employers. And making it clear to them is really insufficient, as the employers will likely keep the tips under the assumption that your office will not investigate such cases. If you complain that you don't have the "resources" (i.e. money) to sufficiently investigate non-compliance by employers, join us in going down to Olympia to force the legislature to massively TAX THE RICH to easily and adequately fund such activities. You risk losing all legitimacy by not doing this, but I suppose if you're in the pockets of the restaurant industry then ... you're doing a good job.

Allison Drake 3 months ago

(Submitted on 1/4/19 by Glen Anderson)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

EXAMINE YOUR CONSCIENCE!!!
L&I MUST PROTECT WORKERS' RIGHTS!!!

Allison Drake 3 months ago

(Submitted on 1/4/19 by Mark Wirth)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

I used to work in the Food Industry for many years in high school and college and I know how essential those tips were. I hope you will consider this in your proposal.

Allison Drake 3 months ago

(Submitted on 1/4/19 by Lorraine Johnson)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing and act so that workers are respected and treated fairly.

Allison Drake 3 months ago

(Submitted on 1/4/19 by Victoria Urias)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing...We are counting on you.

Allison Drake 3 months ago

(Submitted on 1/4/19 by Fayette F. Krause)

Dear Director Joel Sacks,

Thank you for the time and attention you and your team have dedicated to the Tips/Service Charges Draft Policy, and for responding to past public comments in this latest draft by clarifying L&I's enforcement authority over local ordinances, and strengthening protections for tipped workers required to contribute excessively to mandatory tip pools.

However, individuals working in cities with higher minimum wage ordinances continue to be left without clear guidance on their rights to tips and service charges. We ask that you further clarify protections for all Washington workers from tip and service charge theft, and to align with the state law voters approved under I-1433, I call upon the Department of Labor to revise the Tips/Service Charges Draft Policy as follows:

1) Clearly state that I-1433’s provision “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.” is applicable to all Washington workers, including workers in cities with higher minimum wage laws like SeaTac, Seattle and Tacoma; and

2) Include examples of tip and service charge violations from the higher minimum wage cities of SeaTac, Seattle, and/or Tacoma, in order to best inform workers in these cities of their rights and ensure employers are in compliance.

As an appointed official, I trust that you will do right thing...
When I tip a server I expect her/him to receive the full amount, unless the restaurant has a policy of tipping dishwashers, and other back house workers. The tip must NOT include restaurant owners. Thank you.

Allison Drake 3 months ago