Initiative 1433

An Overview of the New Minimum Wage and Paid Sick Leave Requirements

Initiative 1433 rulemaking

The initiative requires L&I to develop rules to explain and enforce the new requirements. L&I is working closely with stakeholders to seek feedback and input on two sets of rules under development:

  • Paid sick leave and retaliation rules:
  • Enforcement of paid sick leave and retaliation rules:
    • The initial engagement and development period is under way - sign up to receive additional information and participate: 1433 Engagement Site home (lni.us.engagementhq.com).

Stay informed

Get updates on rule development, upcoming training classes, tools for employers, minimum wage and more by signing up for our LISTSERV: http://www.lni.wa.gov/Main/Listservs/WRWageHour.asp.

Changes to the state minimum wage

The minimum wage will be $11 per hour in 2017

  • The minimum wage applies to all jobs, including agriculture.
  • Employers must pay employees age 16 and older at least $11 per hour in 2017. WAC 296-126-020 (app.leg.wa.gov).
  • Employers are allowed to pay 85 percent of the minimum wage to employees under age 16. WAC 296-126-020 (app.leg.wa.gov). For 2017, this rate is $9.35 per hour.
  • Seattle, Tacoma, and the City of SeaTac currently have higher minimum wage rates. The local rate applies if it is higher than the state minimum wage rate.
  • The initiative does not change overtime pay requirements.

The initiative sets future minimum wage rates

The initiative contains important language regarding tips and service charges

The initiative states that an employer must pay to its employees:

  • All tips and gratuities; and
  • All service charges as defined under RCW 49.46.160 (app.leg.wa.gov), except those that are itemized as not being payable to the employee or employees servicing the customer.
  • Tips and service charges paid to an employee may not offset the state minimum wage requirement.

Paid sick leave requirements

Starting January 1, 2018, employers in Washington will be required to provide their employees with paid sick leave.

Accrual

  • Paid sick leave shall accrue at a minimum rate of one hour of paid sick leave for every 40 hours worked as an employee.
  • An employee is entitled to use accrued paid sick leave beginning on the 90th calendar day after the start of employment.
  • Unused paid sick leave of 40 hours or less must be carried over to the following year.
  • Employers are allowed to provide employees with more generous carry over and accrual policies.

Usage

  • Employees may use paid sick leave to care for themselves or a family member.
  • An employee may use paid sick leave when the employee's work or the employee's child's school or place of care has been closed by order of a public official for any health-related reason.
  • An employee may use paid sick leave for absences that qualify for leave under the state's Domestic Violence Leave Act.
  • Employers are not prevented from allowing employees to use paid sick leave for additional purposes.

Rulemaking for paid sick leave

  • In 2017, the Department of Labor & Industries (L&I) will develop two sets of rules to explain and enforce the new requirements. These rules will include procedures for employers to notify their employee(s), recordkeeping and reporting requirements regarding paid sick leave, and protecting employees from retaliation for the lawful use of paid sick leave.
  • This process includes opportunities for public comment, including these scheduled public hearings on the first set of rules.
  • Pre-Hearing Overview of Rules at 9 a.m.

    August 8
    10 a.m.

    L&I – Tumwater Auditorium
    7273 Linderson Way SW
    Tumwater WA 98501

    August 16
    10 a.m.

    Spokane Center Place Auditorium
    2426 N Discovery Pl
    Spokane Valley WA 99216

    August 17
    10 a.m.

    Columbia Basin Community College
    L102 Building L
    2600 North 20th Ave
    Pasco WA 99301

    August 29
    10 a.m.

    Xfinity Center
    Edward D Hansen Conference Center
    Ballroom 3 South
    2000 Hewitt Avenue Suite 200
    Everett WA 98201

Questions?

People with questions can contact the Employment Standards Program at L&I by phone (1-866-219-7321) or email (esgeneral@Lni.wa.gov).

Read the text of Initiative 1433 (22 KB PDF) (sos.wa.gov).

 

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