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 9/5/18 by Doris Wilson)

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 9/5/18 by Rebecca Brooks)

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 9/5/18 by Francine Burg)

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 9/5/18 by Jude 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...

Waiting tables is a hard job, and workers deserve to keep their tips.

I-1433 Rules Team over 5 years ago

(Submitted on 9/5/18 by William Insley)

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 9/5/18 by Richard Nelson)

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 9/5/18 by Susan Ring)

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 9/5/18 by Fayette Krause)

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... When I give a tip to a workers I also expect that the worker has been paid a minimum wage. Please make certain that the law is enforced.

I-1433 Rules Team over 5 years ago

(Submitted on 9/5/18 by Katherin Balles)

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 9/5/18 by Florence Harty)

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 9/5/18 by John Bremer)

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 9/5/18 by Phyllis Villeneuve)

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 9/5/18 by Adina Parsley)

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 9/5/18 by Robert Brown)

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 always tip, and I expect the restaurant workers to get 100% of the tip money I give.

I-1433 Rules Team over 5 years ago

(Submitted on 9/5/18 by Nancy Ellingham)

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 9/5/18 by Julia Buck)

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 believe that Washington voters did the right thing by approving this law, and I expect you to fulfill your charge in enforcing it. Restaurants have plenty of leeway in how they comply; Ivar's in Seattle has raised prices but got rid of the gratuity and is doing well while offering employees a more fair wage.

I-1433 Rules Team over 5 years ago

(Submitted on 9/5/18 by Michaelene Manion)

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 to be sure that the recent law is appropriately enforced ,as in November 2016, voters in Washington voted for State Initiative (I-1433) raising the minimum wage, creating statewide paid sick and safe leave, and affirming that “Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.”

Working families need ALL the employee pay that includes their tips and surcharges paid by their customers.

I-1433 Rules Team over 5 years ago

(Submitted on 9/5/18 by Ryan Rocha)

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...

As a Seattle restaurant server/bartender who's moved to Charlotte, NC and plans on moving back next year this issue directly impacts me. I've been the victim of wage and tip theft before. The most significant if which was the theft and subsequent class action lawsuit of Maggiano's Little Italy where they stole thousands of dollars from me alone from their Bellevue location. It's been an issue for me here in Charlotte as well. This is a systemic problem with no easy solution besides regulations and protocols for employees to be made whole again if they are victims of theft. There must be penalties for theives who run businesses.

I hope you will make the right decision.

I-1433 Rules Team over 5 years ago

(Submitted on 9/5/18 by Tonya Stiffler)

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 9/5/18 by Francisco Ocampo)

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