Tips/Service Charges Draft Administrative Policy

Participation for Tips/Service Charges Draft Administrative Policy has concluded.

Overhead view of.fourteen people around a round table all using different electronic devices with the work "feedback" in the center of the table.

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 wants your feedback on the draft administrative policy addressing tips and service charges (Español).

We are asking the public to review the draft administrative policy by September 17, 2018.

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 wants your feedback on the draft administrative policy addressing tips and service charges (Español).

We are asking the public to review the draft administrative policy by September 17, 2018.

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.

Guest Book

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(Submitted on 9/10/18 by Margot Kenly)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Constance Claussen)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Deborah Klein)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Antoinette Bonsignore)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Jay Turley)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Heather Eady)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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.

Tipping practices in our country are by no means consistent, and no one should have to depend on the whims of others to determine their paycheck each week. Please choose to protect the pay of our state's workers so they can live with basic financial security.

I-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Jennifer Greene)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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.

It's sad that so many people look for loopholes to get out of doing the right thing. I enjoy eating out. Please don't allow hard working people to be exploited.

I-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Catherine Green)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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... Follow the intent of Washington voters and write rules that enforce the understanding that tips and service charges paid to an employee ARE IN ADDITION TO wages.

I-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Julie Wittrock)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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.
What i choose to tip is between me and the food service worker, not his/her boss. And where I eat does not enter the picture. As an appointed official, I trust that you will do right thing and uphold the intentions of the Washington electorate.

I-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Brenda Michaels)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by Kristen Adamson)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/10/18 by April Slater)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/9/18 by David Cerf)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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. The cost of living continues to increase annually. Many restaurant workers don’t have benifits and every dollar really counts when it comes to a livable wage. Please do the right thing and up hold the ordinances that we’re voted upon. The people have spoken. Big business benifits from all the hard work and intensive labor we go through just to make the owner and investors pocket books fatter. We are the ones who suffer from the woes of manual labor it’s our right as workers to be compensated for it properly. If you cannot do the right thing then we will make sure to appoint another official who has the workers best interests in mind

I-1433 Rules Team over 5 years ago

(Submitted on 9/9/18 by Sierra Adami-Koll)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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...it is the employers' responsibility to pay their employees appropriately. There is absolutely no reason why that resposibility should be displaced on the consumer, creating unfair wage instability for the employees. Employers should have no access to employees tips, especially if it is to essentially steal them from the employees and shurk their own financial responsibilities.

I-1433 Rules Team over 5 years ago

(Submitted on 9/9/18 by Christine Booker)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/9/18 by Glen Anderson)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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.

For decades I have appreciated L&I's concern for workers. BUT NOW YOU ARE NEGLIGENT!!!!!!!!!!!!!! I implore you to protect workers!!!!!!!!!!!!!!!!!!!!!!

I-1433 Rules Team over 5 years ago

(Submitted on 9/9/18 by Amy Fair Gunnar, Portage Bay)

Hello,

I have just read through the draft Tips_-_Service_Charges_Draft_Administrative_Policy_(August_2018).pdf.

I wanted to comment that we feel these policies are sound, and that we strongly agree with the policies as they are written in this draft.

If you need any further comment, please feel free to respond.

I-1433 Rules Team over 5 years ago

(Submitted on 9/9/18 by Jess Allen)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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-1433 Rules Team over 5 years ago

(Submitted on 9/9/18 by Darekl Betz)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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've been in this industry for over 20 years. My livelihood and future depends on the wages I earn under the existing rule of law. Please consider the many like myself and yes, do the right thing.

I-1433 Rules Team over 5 years ago

(Submitted on 9/9/18 by Clare Thomas)

Dear Director Joel Sacks,

To protect 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;

2) Clearly state that L&I has the power to enforce tip and service charge violations experienced by any Washington worker; and

3) 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 live in Seattle, Washington, and am directly effected by the loopholes and lack of clarity in the minimum wage laws. I have worked in the service industry for over 20 years, from fast food to hotels to bartending to management. I've worked for tips and I've employed tipped workers. When the minimum wage increased in Seattle, I worked for a restaurant owner who employs more than 500 people, and was therefore required to reach $15/hour sooner than smaller companies. Instead of increasing to $15 as required, our employer exploited the loophole that states that minimum wage can be reached using a combination of wages and commission - a city law that is in direct opposition to Washington state law.

Our tips were eliminated, a commission was added, and our wages stagnated at $13/hour. The servers and bartenders receive only a portion of that commission and the rest is pocketed by the company. This is happening throughout Seattle; employers are financially benefiting from tip theft and employees have no hope of reaching the city minimum wage. I have heard from other industry professionals that some employers are paying a base wage of less than $5/hour. In the first year alone, my overall pay decreased so drastically that I was forced to pick up TWO more jobs in order to compensate for my lost wages. I am a mother, I believe in hard work and responsibility, but I also don't want to have to choose between working 60-hour weeks to pay the bills and raising my child. Nobody should have to make that choice.

Please, close the loophole that allows employers to steal tips from their employees and that creates a tiered wage structure for tipped workers in Washington State. Workers in large cities deserve the same protections as everyone else in the state. As an appointed official, I trust that you will do right thing.

I-1433 Rules Team over 5 years ago