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 Steven Trevallee)
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 Elaine 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...
(Submitted on 9/5/18 by Leslie Ewer)
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 Joan Bowers)
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 Baker 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 Noel Barnes)
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’ve worked in the restaurant business in the past - as a pizza delivery driver, as a host, as a bookkeeper and as a manager. When I did the latter, I revamped the tipping system to make sure ALL employees got the tips that they earned. Many of these people were already struggling working 2nd jobs and I felt doing what I could to ease their burdens would work in everyone’s best interests!
(Submitted on 9/5/18 by James Mulcare)
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 Jack Stansfield)
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, you have the responsibility to do right thing...
(Submitted on 9/5/18 by Jefrrey Panciera)
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 defend right of service personnel to receive the tips which are clearly intended for them and not for owners.
(Submitted on 9/5/18 by Sandra Perkins)
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 Janet Phelps)
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.
If owners want to keep tips, they should be the ones doing the work!!
(Submitted on 9/5/18 by Barbara Turner)
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 Ray Wells)
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 Peter 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...
(Submitted on 9/5/18 by Shirley Peak)
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 Katherine 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...
(Submitted on 9/5/18 by Raeann Scott)
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 Richard 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 Trista 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...
(Submitted on 9/5/18 by Shane Dozhier)
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...