Archive of Rule Revisions for City of Seattle Minimum Wage Ordinance

Archival Draft of Revisions to Subminimum Wage from 8/15/17

Seattle Office of Labor Standards / Minimum Wage Rules (Chapter 90) - ((Updated)) 03/31/15, proposed revision 08/15/17

SEATTLE OFFICE OF LABOR STANDARDS
((SEATTLE OFFICE FOR CIVIL RIGHTS))

Chapter 90

Practices for administering minimum wage and minimum compensation rates for employees performing work in Seattle (i.e. Minimum Wage Ordinance) under SMC 14.19


SPECIAL CERTIFICATE AND MINORS
SHRR 90-050 Learners, apprentices, messengers, workers with a disability
1. In general. The Director shall have the authority to issue a special certificate authorizing an employer to pay a wage less than the hourly rate defined in SMC 14.19.030, 14.19.035, and 14.19.040 ((, and 14.19.050)), but above the Washington State minimum wage, as defined in RCW 49.46.020. Such special certificates shall only be available for learners, apprentices, messengers and people with disabilities as described in in RCW 49.46.060 and shall be subject to such limitations as to time, number, proportion, and length of service as the Director shall prescribe. Prior to issuance, an applicant for a special certificate must secure a letter of recommendation from the Washington State Department of Labor and Industries stating that the applicant has a demonstrated necessity pursuant to WAC 296-128. ((SMC 14.19.020.)) SMC 14.19.025.A.


2. Issuance of special certificates
a. The Director may issue special certificates to pay a subminimum wage for learners, apprentices, and messengers as described in RCW 49.46.060.
b. The Director shall not issue special certificates to pay a subminimum wage for people with disabilities as described in RCW 49.46.060.


3. Letter of recommendation. A copy of an approved special certificate from Washington State Department of Labor and Industries shall serve as a letter of recommendation.


4. Limitations. The Director's special certificate may ((shall)) have the same limitations for time, number, proportion and length of service as prescribed by the Washington State Department of Labor and Industries provided that the hourly rate is above the Washington State minimum wage.


5. Application. Applications for a special certificate to pay a subminimum wage must be submitted to the Director in writing and will be considered on a case-by-case basis.


6. ((Issuance)) Notice of the decision. The Director shall send written notice of the decision to the employer, and when applicable, to the employee as prescribed by WAC 296-128.

Seattle Office of Labor Standards / Minimum Wage Rules (Chapter 90) - ((Updated)) 03/31/15, proposed revision 08/15/17


Revision Notification from February 2017:

The Seattle Office of Labor Standards (OLS) is currently in the review process for revisions to Chapter 90 Rules for Seattle's Minimum Wage Ordinance (SMC 14.19). The revisions reflect legislation establishing OLS as an independent office, changes resulting from the Wage Theft Prevention and Harmonization Ordinance of 2015, revisions to Washington State's minimum wage law resulting from Initiative 1433, and other requests for clarification from the public.

Key revisions include:

Employment in Seattle: Clarify that the phrase, "... typically based outside of the City working in the City on an occasional basis," means the employee works for an employer outside Seattle city limits for more than 50% of the employee's work hours in a year.

Service charges: Delete the provision that permits service charges to count as commissions, but clarify that service charges paid to an employee may still count toward Seattle's minimum wage and minimum compensation for the employee's earnings above the state minimum wage, as set forth in RCW 49.46.020

Employers' payments toward individual employee's medical benefits plans: Clarify that an employer pays the lower minimum wage allowed by the ordinance only when that employer is paying toward an individual employee's medical plan in which the employee is enrolled and eligible to receive benefits (subject to limited exceptions).

Payroll records: Clarify that employers must keep records of service charges, tips, payments toward employees' medical benefits, and the actuarial value of medical benefits.

Work Study: Delete the definition of "work study" because that exemption was removed from the ordinance.

Publications and Resources

Press Release: Revisions to Rules proposed for City of Seattle Minimum Wage Ordinance February 8, 2017

Draft Minimum Wage Ordinance Rule Revisions

Chart Minimum Wage Ordinance Rule Revisions

Chart 1433 and Seattle Comparison

Statewide Initiative 1433

Signed Ordinance 124960

Draft Subminimum Wage Rule