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

To submit your feedback directly to this page, please enter your comments in the text box below.

(Submitted on 9/17/18 by Antonio Sanchez)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... our fellow restaurants employees must received the info, how to access the info and be informed

I-1433 Rules Team about 2 years ago

(Submitted on 9/17/18 by Kathleen Ainslie)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 about 2 years ago

(Submitted on 9/15/18 by Linda Reilly)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 about 2 years ago

(Submitted on 9/13/18 by Erin Sroka)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 about 2 years ago

(Submitted on 9/13/18 by Matt Haney)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. It is clear that the intent of I-1433 and local wage ordinances are for tipped workers to keep their tips. LnI needs to clearly state this in rules to benefit workers and employers.

I-1433 Rules Team about 2 years ago

(Submitted on 9/12/18 by Warsame Roble)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...We need to help and encourage restaurant workers so as to make it aa more competitive.I support the initiative 433....

I-1433 Rules Team about 2 years ago

(Submitted on 9/12/18 by Ben Shomshor)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 about 2 years ago

(Submitted on 9/11/18 by Alexa 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 appointed official, I trust that you will do right thing...

I-1433 Rules Team about 2 years ago

(Submitted on 9/11/18 by Christie Hedman)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.Thank you for attention to this important issue. I am frustrated by restaurants who apply mandatory tip service charges to their restaurant bills and then say it will go towards employee's benefits. They should be paying for their employees benefits not using what was meant to be a recognition for good service.

I-1433 Rules Team about 2 years ago

(Submitted on 9/11/18 by Lauren Collins)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 about 2 years ago

(Submitted on 9/11/18 by Allegra Radcliffe)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 about 2 years ago

(Submitted on 9/11/18 by Larry Justice)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 fully support this initiative.

I-1433 Rules Team about 2 years ago

(Submitted on 9/11/18 by Maria Pintar)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 about 2 years ago

(Submitted on 9/11/18 by Peggy Wolf)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 about 2 years ago

(Submitted on 9/10/18 by Adam Kraft)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. Seattle is a very high cost city and we need our tips to be on top of the minimum wage. Its hard to make it in this city these days and tips go a long way to making a living wage.

I-1433 Rules Team about 2 years ago

(Submitted on 9/10/18 by Karen Curry)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 protect all tipped workers, no matter where in Washington state they work.

I-1433 Rules Team about 2 years ago

(Submitted on 9/10/18 by Barbara 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...

I-1433 Rules Team about 2 years ago

(Submitted on 9/10/18 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 about 2 years ago

(Submitted on 9/10/18 by Goldie Silverman)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 about 2 years ago

(Submitted on 9/10/18 by Laurie Carlsson)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 about 2 years ago