BILL REQ. #: H-3610.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Labor & Workforce Development.
AN ACT Relating to the minimum hourly wage of tipped employees; amending RCW 49.46.020; and reenacting and amending RCW 49.46.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 49.46.020 and 1999 c 1 s 1 are each amended to read as
follows:
(1) ((Until January 1, 1999, every employer shall pay to each of
his or her employees who has reached the age of eighteen years wages at
a rate of not less than four dollars and ninety cents per hour.)) Beginning January 1, 2000, and until January 1, 2001, every
employer shall pay to each of his or her employees who has reached the
age of eighteen years wages at a rate of not less than six dollars and
fifty cents per hour.
(2) Beginning January 1, 1999, and until January 1, 2000, every
employer shall pay to each of his or her employees who has reached the
age of eighteen years wages at a rate of not less than five dollars and
seventy cents per hour.
(3)
(((4))) (2)(a) Except as provided in (c) of this subsection,
beginning on January 1, 2001, and each following January 1st as set
forth under (b) of this subsection, every employer shall pay to each of
his or her employees who has reached the age of eighteen years wages at
a rate of not less than the amount established under (b) of this
subsection.
(b) On September 30, 2000, and on each following September 30th,
the department of labor and industries shall calculate an adjusted
minimum wage rate to maintain employee purchasing power by increasing
the current year's minimum wage rate by the rate of inflation. The
adjusted minimum wage rate shall be calculated to the nearest cent
using the consumer price index for urban wage earners and clerical
workers, CPI-W, or a successor index, for the twelve months prior to
each September 1st as calculated by the United States department of
labor. Each adjusted minimum wage rate calculated under this
subsection (((4))) (2)(b) takes effect on the following January 1st.
(((5))) (c) Every employer shall pay to each of his or her tipped
employees who has reached the age of eighteen years wages at a rate of
not less than:
(i) The rate established under (b) of this subsection; or
(ii) Seven dollars and twenty-five cents per hour so long as the
employee receives an additional amount due to tips. The additional
amount received due to tips must be at least equal to the difference
between the wage established under (b) of this subsection and seven
dollars and twenty-five cents per hour.
(3) The director shall by ((regulation)) rule establish the minimum
wage for employees under the age of eighteen years.
Sec. 2 RCW 49.46.010 and 2011 1st sp.s. c 43 s 462 are each
reenacted and amended to read as follows:
As used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Employ" includes to permit to work;
(3) "Employee" includes any individual employed by an employer but
shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid
on a piece rate basis in an operation which has been, and is generally
and customarily recognized as having been, paid on a piece rate basis
in the region of employment; (ii) who commutes daily from his or her
permanent residence to the farm on which he or she is employed; and
(iii) who has been employed in agriculture less than thirteen weeks
during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private
home, unless performed in the course of the employer's trade, business,
or profession;
(c) Any individual employed in a bona fide executive,
administrative, or professional capacity or in the capacity of outside
salesperson as those terms are defined and delimited by rules of the
director. However, those terms shall be defined and delimited by the
human resources director pursuant to chapter 41.06 RCW for employees
employed under the director of personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational,
charitable, religious, state or local governmental body or agency, or
nonprofit organization where the employer-employee relationship does
not in fact exist or where the services are rendered to such
organizations gratuitously. If the individual receives reimbursement
in lieu of compensation for normally incurred out-of-pocket expenses or
receives a nominal amount of compensation per unit of voluntary service
rendered, an employer-employee relationship is deemed not to exist for
the purpose of this section or for purposes of membership or
qualification in any state, local government, or publicly supported
retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local
governmental body or agency who provides voluntary services but only
with regard to the provision of the voluntary services. The voluntary
services and any compensation therefor shall not affect or add to
qualification, entitlement, or benefit rights under any state, local
government, or publicly supported retirement system other than that
provided under chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the Interstate
Commerce Act;
(h) Any individual engaged in forest protection and fire prevention
activities;
(i) Any individual employed by any charitable institution charged
with child care responsibilities engaged primarily in the development
of character or citizenship or promoting health or physical fitness or
providing or sponsoring recreational opportunities or facilities for
young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or
sleep at the place of his or her employment or who otherwise spends a
substantial portion of his or her work time subject to call, and not
engaged in the performance of active duties;
(k) Any resident, inmate, or patient of a state, county, or
municipal correctional, detention, treatment or rehabilitative
institution;
(l) Any individual who holds a public elective or appointive office
of the state, any county, city, town, municipal corporation or quasi
municipal corporation, political subdivision, or any instrumentality
thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries
operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an
American vessel;
(4) "Employer" includes any individual, partnership, association,
corporation, business trust, or any person or group of persons acting
directly or indirectly in the interest of an employer in relation to an
employee;
(5) "Occupation" means any occupation, service, trade, business,
industry, or branch or group of industries or employment or class of
employment in which employees are gainfully employed;
(6) "Retail or service establishment" means an establishment
seventy-five percent of whose annual dollar volume of sales of goods or
services, or both, is not for resale and is recognized as retail sales
or services in the particular industry;
(7) "Tipped employee" means an employee who regularly and
customarily receives tips.
(8) "Wage" means compensation due to an employee by reason of
employment, payable in legal tender of the United States or checks on
banks convertible into cash on demand at full face value, subject to
such deductions, charges, or allowances as may be permitted by rules of
the director.