City of Tacoma. Minimum Wage

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Oscar Esmond Carter
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1 City of Tacoma Minimum Wage Public Meeting on Draft Rules December 9, 2015

2 This Meeting: Provide information on the initiative Review draft rules Take your feedback & answer questions

3 City Minimum Wage A majority of voters said yes to a Tacoma Minimum Wage on Election Day 71% said it should be Initiative #1B: $12 per hour phased in over two years The initiative passed by voters is the law Seeking feedback on the rules that guide how that law will be implemented

4 $12/hr Minimum Wage: How do we get there? Increases occur over 2 years: o $10.35 per hour beginning February 1, 2016 o $11.15 per hour on January 1, 2017 o $12.00 per hour on January 1, 2018 o Annual adjustments in future year based on inflation

5 Who Qualifies? WHO? All employees who work 80+ hours per year in Tacoma are covered (full-time, part-time, seasonal, and temporary) Exemptions are limited. Special certificates issued by the State under RCW for situations such as apprentices and disabled workers. Employees less than 16 years of age Do non-profit employers pay the new wage? Yes Do government employers pay the new wage? With limited exceptions: city law does not apply to federal or tribal governments

6 Other Requirements Retaliation is prohibited. Noticing: Employers must provide employees notice of their right to the local minimum wage. Records: State laws generally apply. Hours worked in Tacoma must be tracked.

7 Enforcement The City will attempt to conciliate and reconcile by agreement Can include a $250 civil penalty Penalties can increase for repeat violations Multiple appeal options: Initial Determination Appeal to Director Appeal to Hearings Examiner Appeals generally must be filed in writing within 10 days.

8 What s in the Rules? Rule #1: Working in Tacoma o 80 hours in an employer defined Calendar year o Does apply to: Work performed inside city limits Telecommuting Making work stops or deliveries in the city o Does not apply to: Driving through city with no stops for work In Tacoma solely for training class, convention attendance Work outside the city even when the employer is located in the city

9 What s in the Rules? Rule #2: Calculating wages Generally consistent with state law: o Tips, gratuities, travel allowances, and discretionary bonuses are not part of the wage o Commissions, service charges, and nondiscretionary bonuses can be counted toward the wage

10 What s in the Rules? RULE #3: Exemptions Specifies that state law applies RULE #4: Independent Contractors Are not employees, but cannot assign this title to avoid compliance

11 What s in the Rules? RULE #5: Records Requirements o Must comply with state law as well as the city initiative requirements RULE #6 o Certification of Compliance o Noticing Must provide notice in an employee s primary language when the city has created a model notice in that language.

12 What s in the Rules? RULE #7: Administration o Three years to file complaint o Charges may be amended or withdrawn o Charges and investigations create public records o The City will not seek information on whether or not worker has legal right to work in the U.S. o Settlement and/or Fact Finding Conferences may be held o May not investigate complaints filed with the state and/or are a part of litigation

13 What s in the Rules? RULE #8: Administrative Review Provides further detail on appeal process RULE#9: Outside Enforcement If Washington State Department of Labor and Industries is investigating, investigations will be conducted as a violation of State law and State procedures and penalties will apply

14 Next Steps Workplace notice is still in development Two more hearings: o o Tues, December 15, 5:30pm Thurs, December 17, 10:00am Finalized rules will be published to the website $10.35/hour Minimum Wage begins February 1, 2016 Stay informed: e-newsletter sign up at cityoftacoma.org/minimumwage

15 Other Employment Standards News Paid Leave also takes effect on February 1, 2016 Employer tools and more information at:

16 Feedback & Questions? More Information: Melanie Harding

STEP 2. STEP 4 Contact Information and adult signature MAIL COMPLETED FORM TO YOUR CHILD S SCHOOL. Child s First Name MI Child s Last Name

STEP 2. STEP 4 Contact Information and adult signature MAIL COMPLETED FORM TO YOUR CHILD S SCHOOL. Child s First Name MI Child s Last Name Check all that apply 2017-2018 Pennsylvania Household Application for Free & Reduced Price School Meals and Special Milk Program (Complete one application per household. Please use a pen) STEP 1 List ALL