Tips/Service Charges Draft Administrative Policy

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

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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.

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Regarding A.7, may an employer retaliate against an employee that has had a tip left for them in defiance of the company policy? As the employer may not confiscate the tip, is it assumed that the employee may accept it without fear of reprisal or discipline?

Legally speaking, as the statute now reads: RCW 49.46.020(3) "An employer must pay to its employees: (a) All tips and gratuities; [...]"

How is it the default position that an employer may have a rule forbidding an employee from accepting something the voters in this state said an employer MUST pay their employees? While the text doesn't explicitly forbid employers from doing this, how can it be lawful to forbid an employee from accepting something the voters said employers must pay to their employees? I do not believe having a policy against accepting tips to be compatible with the MUST requirement of this statute.

Albert DeWitt Jr. over 5 years ago