WA-Based Employees 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 WA-based employees.
We are asking the public to review the draft administrative policy by Friday, November 9, 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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(Submitted on 10/31/18 by Lois Cook)
We have an employee who lives in Oregon, works most of the time in Oregon (about 30% in WA & remotely from his home in OR for WA customers) and according to the attached document from Oregon should be treated as an Oregon-Based Employee. According to the new proposed policy for Washington he would be classified as a Washington-Based Employee because our company is based in Vancouver & we control all of his work assignments. This would really put us in a pickle as to which regulations to follow.
I would like to know who "The Director" is. I would like to give my feedback to this person who has the opportunity to set wages for those less than 18.
We are a summertime business in a resort community and we have about 65 employees during the summer. For one part of our business, we hire adults (of all ages) and students 18 and older who are qualified to do all the jobs.
For another part of our business, we hire some adults, some older students and some younger students ages 16 and 17. There are specific jobs and working hours that students can and cannot do based on age. We do occasionally hire students 14 and 15 who can legally be paid a percentage of the minimum wage which makes total sense because they are inexperienced and cannot work the hours or perform the tasks that the older people can.
We know for a fact that a 16-year-old ( even a very good 16-year-old) is not equivalent to an 18-year-old or an adult. Why doesn't "The Director" set a reduced minimum wage for these students?
There should even be a difference between an 18-year-old and an adult (21 years old) because the jobs they can do are not the same. Businesses who sell liquor cannot hire an 18-year-old to sell or serve liquor. It makes sense for a minimum wage to be commensurate with the allowed tasks that can be performed. We would like to see a higher minimum for adults who need more to support themselves and their families and who can perform duties that can't be performed by younger people.
I made this point in hearings and emails last year when the minimum wage was being discussed. I never received any feedback to know if this idea was even talked about. Hopefully, someone will respond now. (At least send "The Director,'s" contact information to me, please.)
Sincerely,
Patricia Alesse
4825 Alderson Road
Birch Bay, WA 98230
patricia.alesse@thecshop.com