Tips/Service Charges Draft Administrative Policy
Participation for Tips/Service Charges Draft Administrative Policy has concluded.
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.
View Uploaded Documents
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Elena Perez - Restaurant Opportunities Centers, et al (594 KB) (pdf)
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Julia Gorton - Washington Hospitality Association (442 KB) (pdf)
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Martin Garfinkel - Seattle Office of Labor Standards (358 KB) (pdf)
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Elena Perez - Legal Voice and Restaurant Opportunities Centers (642 KB) (pdf)
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Sergio Salinas - SEIU6 Property Services NW (592 KB) (pdf)
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(Submitted on 9/9/18 by Julia Palmer)
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... counting tips toward an employee's minimum wage defeats the entire purpose.
(Submitted on 9/9/18 by Michelle Szwedo)
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...
(Submitted on 9/9/18 by Lindsay Ward)
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...
(Submitted on 9/9/18 by David Mead)
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...
(Submitted on 9/9/18 by Mark McKenna)
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...
(Submitted on 9/9/18 by Joel Shaich)
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 Oregonian who regularly visits restaurants in Washington, and as the relative of several restaurant industry workers in Washington, I request that I-1433 be implemented such that all workers are treated as intended by the voters including workers in cities with higher minimum wages, which are related to the higher cost of living in those cities.
(Submitted on 9/9/18 by Joleen Palmer)
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...
(Submitted on 9/9/18 by Shanna Anglin)
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.
(Submitted on 9/9/18 by Anna Ward)
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 and honor our vote. a livable wage needs to be had for all, not just a few.
Tips AND a livable wage for All.
(Submitted on 9/9/18 by Chelse Smiley)
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...
(Submitted on 9/9/18 by Iris Bristol)
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 worked for several years back of house at a popular Seattle blues club and saw first hand how big of a difference tips make in servers' and bartenders' ability to make a living. Just because Seattle has a higher minimum wage now doesn't mean that tipped employees can make their rent - in fact, they still cannot, because of the incredibly high cost of living here. Seattle needs tipped employees to function as a world class city with great entertainment and eating venues. As an appointed official, I trust that you will do the right thing and vote for this measure so that our service industry workers can continue to live and work in Seattle.
(Submitted on 9/9/18 by Grainne Hunter)
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 in making sure that this does not get forgotten about. It is important for restaurant workers to be paid fairly.
(Submitted on 9/9/18 by Dom Vescio)
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...
(Submitted on 9/9/18 by Angelo Cruz)
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...
(Submitted on 9/9/18 by Vivienne Fisher)
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...
(Submitted on 9/8/18 by Nena Dunn)
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...
(Submitted on 9/7/18 by John Springer)
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...
(Submitted on 9/6/18 by Tika Bordelon)
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...
(Submitted on 9/6/18 by Sammy Low)
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...
(Submitted on 9/6/18 by Steve M.)
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...