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 9/5/18 by Laura Azar)
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 have children in the Industry and They Rely On Those Tips! THEY DO NOT MAKE ENOUGH MONEY ON MINIMUM WAGE TO SUPPORT THEIR FAMILIES!!
We Need Legistration Protecting And Guaranteeing That The People Collecting Tips In Any Manor Get To Keep Those Tips, So They CAN FEED THEIR FAMILIES!!!!
(Submitted on 9/5/18 by Samantha Blake)
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 9/5/18 by Jennifer Gaddy)
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.
Please help protect this vital source of income.
(Submitted on 9/5/18 by Candace LaPorte)
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 9/5/18 by Steve Leigh)
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 9/5/18 by Percy Hilo)
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 9/5/18 by Sandra Smith)
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 9/5/18 by Howard Cherrington)
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, it's your responsibility to ensure that I-1443 as passed and enacted by the voters of Washington is clearly understand and enforced equitably throughout Washington State regardless of local wage laws. Thank you for your service.
(Submitted on 9/5/18 by Tamara Saarinen)
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 9/5/18 by Michael Carver)
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.
PUT YOURSELVES IN THEIR PLACES - O.K.???!!!
(Submitted on 9/5/18 by Norm Conrad)
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 9/5/18 by Heidi Colkitt)
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 9/5/18 by Gregory Penchoen)
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 9/5/18 by Julia Briggs)
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 9/5/18 by Mark Wirth)
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 used to work in the food industry and believe me those tips helped make ends meet. By stealing them, the Department of Labor is condoning this abuse of Worker's Rights and their ability to live. Washington is already a pricey state to live in, why make it worse?
(Submitted on 9/5/18 by Syd Potter)
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 9/5/18 by Lorraine Johnson)
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 9/5/18 by Lance Powell)
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 9/5/18 by Jamie Caya)
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 9/5/18 by Diane Sullivan)
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...