Seattle Mun. Code § 14.19.005 Short title
14.19.005 - Short title
This Chapter 14.19 shall constitute the "Minimum Wage Ordinance" and may be cited as such.
(Ord. 124960, § 45, 2015.)
MINIMUM WAGE AND MINIMUM COMPENSATION RATES FOR EMPLOYEES PERFORMING WORK IN SEATTLE
SEA-MC tit. 14, ch. 14.19
in effectSeattle Mun. Code § 14.19.010 Definitions
14.19.010 - Definitions
For purposes of this Chapter 14.19:
"Actuarial value" means the percentage of total average costs for covered benefits that a health benefits package will cover;
"Adverse action" means denying a job or promotion, demoting, terminating, failing to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, engaging in unfair immigration-related practices, filing a false report with a government agency, changing an employee's status to a nonemployee, or otherwise discriminating against any person for any reason prohibited by Section 14.19.055. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and condition of employment;
"Agency" means the Office of Labor Standards and any division therein;
"Aggrieved party" means an employee or other person who suffers tangible or intangible harm due to an employer or other person's violation of this Chapter 14.19;
"Bonuses" means non-discretionary payments in addition to hourly, salary, commission, or piece-rate payments paid under an agreement between the employer and employee;
"Business" and "engaging in business" have the same meanings as in Chapter 5.30;
"City" means The City of Seattle;
"Commissions" means a sum of money paid to an employee upon completion of a task, usually selling a certain amount of goods or services;
"Director" means the Director of the Office of Labor Standards or the Director's designee;
"Employ" means to suffer or permit to work;
"Employee" means "employee," as defined under Section 12A.28.200, including but not limited to full-time employees, part-time employees, and temporary workers. An employer bears the burden of proof that the individual is, as a matter of economic reality, in business for oneself rather than dependent upon the alleged employer.
"Employer" means any individual, partnership, association, corporation, business trust, or any entity, person or group of persons, or a successor thereof, that employs another person and includes any such entity or person acting directly or indirectly in the interest of an employer in relation to an employee. More than one entity may be the "employer" if employment by one employer is not completely disassociated from employment by the other employer;
"Franchise" means a written agreement by which:
1. A person is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan prescribed or suggested in substantial part by the grantor or its affiliate;
2. The operation of the business is substantially associated with a trademark, service mark, trade name, advertising, or other commercial symbol; designating, owned by, or licensed by the grantor or its affiliate; and
3. The person pays, agrees to pay, or is required to pay, directly or indirectly, a franchise fee;
"Franchisee" means a person to whom a franchise is offered or granted;
"Franchisor" means a person who grants a franchise to another person;
"Front pay" means the compensation the employee would earn or would have earned if reinstated to the employee's former position;
"Hearing Examiner" means the official appointed by the Council and designated as the Hearing Examiner, or that person's designee (Deputy Hearing Examiner, Hearing Examiner Pro Tem, etc.);
"Hourly minimum compensation" means the minimum compensation due to an employee for each hour worked during a pay period;
"Hourly minimum wage" means the minimum wage due to an employee for each hour worked during a pay period;
"Medical benefits plan" means a silver or higher level essential health benefits package, as defined in 42 U.S.C. section 18022, or an equivalent plan that is designed to provide benefits that are actuarially equivalent to 70 percent of the full actuarial value of the benefits provided under the plan, whichever is greater;
"Minimum compensation" means the minimum wage in addition to tips actually received by the employee and reported to the Internal Revenue Service, and money paid by the employer towards an individual employee's medical benefits plan;
"Minimum wage" means all wages, commissions, piece-rate, and bonuses actually received by the employee and reported to the Internal Revenue Service;
"Piece-rate" means a price paid per unit of work;
"Rate of inflation" means 100 percent of the annual average growth rate of the bi-monthly Seattle-Tacoma-Bremerton Area Consumer Price Index for Urban Wage Earners and Clerical Workers, termed CPI-W, for the 12 month period ending in August, provided that the percentage increase shall not be less than zero;
"Respondent" means an employer or any person who is alleged or found to have committed a violation of this Chapter 14.19;
"Schedule 1 employer" means all employers that employ more than 500 employees, regardless of where those employees are employed, and all franchisees associated with a franchisor or a network of franchises with franchisees that employ more than 500 employees in aggregate;
"Schedule 2 employer" means all employers that employ 500 or fewer employees regardless of where those employees are employed. Schedule 2 employers do not include franchisees associated with a franchisor or a network of franchises with franchisees that employ more than 500 employees in aggregate;
"Successor" means any person to whom an employer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course of the employer's business, a major part of the property, whether real or personal, tangible or intangible, of the employer's business. For purposes of this definition, "person" means an individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, corporation, business trust, partnership, limited liability partnership, company, joint stock company, limited liability company, association, joint venture, or any other legal or commercial entity;
"Tips" means a verifiable sum to be presented by a customer as a gift or gratuity in recognition of some service performed for the customer by the employee receiving the tip;
"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. Commissions, piece-rate, and bonuses are included in wages. Tips and employer payments toward a medical benefits plan do not constitute wages for purposes of this Chapter 14.19.
(Ord. 125203, § 7, 2016; Ord. 124960, § 46, 2015; Ord. 124644, § 3, 2014; Ord. 124490, § 2, 2014.)
Seattle Mun. Code § 14.19.015 Employment in Seattle
14.19.015 - Employment in Seattle
A. Subject to subsection 14.19.015.B, employees are covered by this Chapter 14.19 for each hour worked within the geographic boundaries of the City.
B. An employee who is typically based outside the City and performs work in the City on an occasional basis is covered by this Chapter 14.19 in a two-week period only if the employee performs more than two hours of work for an employer within the City during that two-week period.
1. To track time of employees who work in the City on an occasional basis, employers must use consecutive two-week periods in sequence as they occur. Employers shall not skip or shift two-week periods.
2. Once an employee who works in the City on an occasional basis performs more than two hours of work for an employer within the City during a two-week period, payment for all time worked in the City during that two-week period shall be made in compliance with the requirements of this Chapter 14.19.
3. Time spent in the City solely for the purpose of travelling through the City from a point of origin outside the City to a destination outside the City, with no employment-related or commercial stops in the City except for refueling or the employee's personal meals or errands, is not covered by this Chapter 14.19.
(Ord. 124960, § 47, 2015.)
Seattle Mun. Code § 14.19.020 Employer schedule determination
14.19.020 - Employer schedule determination
A. An employee who is not covered by this Chapter 14.19 shall be included in any determination of the size of the employer.
B. The determination of employer schedule for the current calendar year will be calculated based upon the average number of employees who worked for compensation per calendar week during the preceding calendar year for any and all weeks during which at least one employee worked for compensation. For employers that did not have any employees during the previous calendar year, the employer schedule will be calculated based upon the average number of employees who worked for compensation per calendar week during the first 90 calendar days of the current year in which the employer engaged in business.
C. All employees who worked for compensation shall be counted, including but not limited to:
a. Employees who worked inside the City;
b. Employees who worked outside the City; and
c. Employees who worked in full-time employment, part-time employment, joint employment, temporary employment, or through the services of a temporary services or staffing agency or similar entity.
D. Separate entities that form an integrated enterprise shall be considered a single employer under this Chapter 14.19. Separate entities will be considered an integrated enterprise and a single employer under this Chapter 14.19 where a separate entity controls the operation of another entity. The factors to consider in making this assessment include, but are not limited to:
1. Degree of interrelation between the operations of multiple entities;
2. Degree to which the entities share common management;
3. Centralized control of labor relations; and
4. Degree of common ownership or financial control over the entities.
There shall be a presumption that separate legal entities, which may share some degree of interrelated operations and common management with one another, shall be considered separate employers for purposes of this Section 14.19.020 as long as (1) the separate legal entities operate substantially in separate physical locations from one another, and (2) each separate legal entity has partially different ultimate ownership.
(Ord. 124960, § 48, 2015; Ord. 124490, § 3, 2014.)
Seattle Mun. Code § 14.19.025 Special certificate and minors
14.19.025 - Special certificate and minors
A. The Director shall have the authority to issue a special certificate authorizing an employer to pay a wage less than the City of Seattle minimum wage, as defined in this Chapter 14.19, but above the Washington State minimum wage, as defined in RCW 49.46.020. Such special certificates shall only be available for the categories of workers defined in RCW 49.46.060(1) and shall be subject to such limitations as to time, number, proportion, and length of service as the Director shall prescribe. The Director shall not grant special certificates authorizing employers to pay less than the City of Seattle minimum wage to workers described in RCW 49.46.060(2). 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 application has a demonstrated necessity pursuant to chapter 296-128 WAC.
B. The Director shall by rule establish the minimum wage for employees under the age of 18 years, provided that any percentage of the hourly rate established by rule shall not be lower than the percentage applicable under state statutes and regulations.
(Ord. 125559, § 1, 2018; Ord. 124960, § 49, 2015.)
Seattle Mun. Code § 14.19.030 Hourly Minimum Wage - Schedule 1 Employers
14.19.030 - Hourly Minimum Wage - Schedule 1 Employers
A. Effective April 1, 2015, Schedule 1 employers shall pay each employee an hourly minimum wage of at least $11.00. Pursuant to the following schedule, effective January 1 of each year thereafter, Schedule 1 employers shall pay any employee an hourly minimum wage as follows:
Year | Hourly Minimum Wage
2016 | $13.00
2017 | $15.00
Effective January 1, 2018, the hourly minimum wage paid by a Schedule 1 employer to any employee shall be increased annually on a percentage basis to reflect the rate of inflation and calculated to the nearest cent on January 1 of each year thereafter.
B. Schedule 1 employers can meet the applicable hourly minimum wage requirement through a payment of the minimum wage, provided that the Schedule 1 employer is in compliance with all applicable law. Where an employee is paid on a commission or piece-rate basis, wholly or partially, the amount earned on such basis in each work-week period may be credited as a part of the total wage for that period, and the total wages paid for such period shall be computed on the hours worked in that period resulting in no less than the applicable minimum wage rate. Where an employee is paid a bonus, the amount of the bonus in each work-week period may be credited as a part of the total wage for that period, and the total wages paid for such period shall be computed on the hours worked in that period resulting in no less than the applicable minimum wage rate. Pursuant to the following schedule, effective January 1, 2016, Schedule 1 employers that pay toward an individual employee's medical benefits plan shall pay the employee an hourly minimum wage as follows:
Year | Hourly Minimum Wage
2016 | $12.50
2017 | $13.50
2018 | $15.00
Effective January 1, 2019, payment by the employer of health benefits for employees shall no longer affect the hourly minimum wage paid by a Schedule 1 employer.
(Ord. 124490, § 4, 2014.)
Seattle Mun. Code § 14.19.035 Hourly minimum wage - Schedule 2 employers
14.19.035 - Hourly minimum wage - Schedule 2 employers
A. Effective April 1, 2015, Schedule 2 employers shall pay each employee an hourly minimum wage of at least $10.00. Schedule 2 employers can meet the applicable hourly minimum wage requirement through a payment of the minimum wage, provided that the Schedule 2 employer is in compliance with all applicable law. Effective January 1, 2016 and each year thereafter, Schedule 2 employers shall pay each employee an hourly minimum wage that is the lower of (a) the applicable hourly minimum wage for Schedule 1 employers or (b) the hourly minimum wage shown in the following schedule:
Year | Hourly Minimum Wage
2016 | $10.50
2017 | $11.00
2018 | $11.50
2019 | $12.00
2020 | $13.50
2021 | $15.00
2022 | $15.75
2023 | $16.50
2024 | $17.25
Effective January 1, of 2025, and January 1 of every year thereafter, the hourly minimum wage paid by a Schedule 2 employer to any employee shall equal the hourly minimum wage applicable to Schedule 1 employers.
B. Schedule 2 employers can meet the applicable hourly minimum wage requirements through a payment of the minimum wage, provided that the Schedule 2 employer is in compliance with all applicable law.
(Ord. 124960, § 50, 2015.)
Seattle Mun. Code § 14.19.040 Hourly minimum compensation - Schedule 2 employers
14.19.040 - Hourly minimum compensation - Schedule 2 employers
A. Effective April 1, 2015, Schedule 2 employers shall pay each employee an hourly minimum compensation of at least $11.00. Effective January 1 of each year thereafter, Schedule 2 employers shall pay each employee an hourly minimum compensation that is the lower of (a) the applicable hourly minimum wage for Schedule 1 Employers or (b) the hourly minimum compensation shown in the following schedule:
Year | Hourly Minimum Compensation
2016 | $12.00
2017 | $13.00
2018 | $14.00
2019 | $15.00
2020 | $15.75
Effective January 1, 2021, the hourly minimum compensation paid by a Schedule 2 employer to any employee shall equal the hourly minimum wage applicable to Schedule 1 employers.
B. Schedule 2 employers can meet the applicable hourly minimum compensation requirement through wages (including applicable commissions, piece-rate, and bonuses), tips and money paid by an employer towards an individual employee's medical benefits plan, provided that the Schedule 2 employer also meets the applicable hourly minimum wage requirements.
C. Effective January 1, 2025, minimum compensation will no longer be applicable as defined in this Chapter 14.19.
(Ord. 124960, § 51, 2015; Ord. 124490, § 5, 2014.)
Seattle Mun. Code § 14.19.045 Notice and posting
14.19.045 - Notice and posting
A. On an annual basis and by December 1 each year, the Agency shall create and distribute a poster that gives notice of the rights afforded by this Chapter 14.19. The Agency shall create and distribute the poster in English, Spanish, and any other languages that are necessary for employers to comply with subsection 14.19.045.B. The poster shall give notice of:
1. The right to the applicable rate of minimum wage and minimum compensation guaranteed by this Chapter 14.19;
2. The right to be protected from retaliation for exercising in good faith the rights protected by this Chapter 14.19; and
3. The right to file a complaint with the Agency or bring a civil action for violation of the requirements of this Chapter 14.19, including an employer or any person's failure to pay minimum wage or minimum compensation, and an employer or other person's retaliation against an employee or other person for engaging in an activity protected by this Chapter 14.19.
B. Employers shall display the poster in a conspicuous and accessible place at any workplace or job site where any of their employees work. Employers shall display the poster in English and in the primary language of the employee(s) at the particular workplace. If display of the poster is not feasible, including situations when the employee works remotely or does not have a regular workplace or job site, employers may provide the poster on an individual basis in an employee's primary language in physical or electronic format that is reasonably conspicuous and accessible.
(Ord. 124960, § 52, 2015.)
Seattle Mun. Code § 14.19.050 Employer records
14.19.050 - Employer records
A. Each employer shall retain records documenting minimum wages and minimum compensation paid to each employee. Such records shall be retained for a period of three years from the date such hours were worked.
B. If an employer fails to retain adequate records required under subsection 14.19.050.A, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this Chapter 14.19 for the periods and for each employee for whom records were not retained.
C. Respondents in any case closed by the Agency shall allow the Office of City Auditor access to such records to permit the Office of City Auditor to evaluate the Agency's enforcement efforts. Before requesting records from such a respondent, the Office of City Auditor shall first consult the Agency's respondent records on file and determine if additional records are necessary. The City Auditor may apply by affidavit or declaration in the form allowed under chapter 5.50 RCW to the Hearing Examiner for the issuance of subpoenas under this subsection 14.19.050.C. The Hearing Examiner shall issue such subpoenas upon a showing that the records are required to fulfill the purpose of this subsection 14.19.050.C.
(Ord. 127303, § 13, 2025; Ord. 124960, § 53, 2015; Ord. 124490, § 6, 2014.)
Seattle Mun. Code § 14.19.055 Retaliation prohibited
14.19.055 - Retaliation prohibited
A. No employer or any other person shall interfere with, restrain, deny, or attempt to deny the exercise of any right protected under this Chapter 14.19.
B. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights protected under this Chapter 14.19. Such rights include but are not limited to the right to make inquiries about the rights protected under this Chapter 14.19; the right to inform others about their rights under this Chapter 14.19; the right to inform the person's employer, union, or similar organization, and/or the person's legal counsel or any other person about an alleged violation of this Chapter 14.19; the right to file an oral or written complaint with the Agency or bring a civil action for an alleged violation of this Chapter 14.19; the right to cooperate with the Agency in its investigations of this Chapter 14.19; the right to testify in a proceeding under or related to this Chapter 14.19; the right to refuse to participate in an activity that would result in a violation of city, state, or federal law; and the right to oppose any policy, practice, or act that is unlawful under this Chapter 14.19.
C. No employer or any other person shall communicate to a person exercising rights protected under this Section 14.19.055, directly or indirectly, the willingness to inform a government employee that the person is not lawfully in the United States, or to report, or to make an implied or express assertion of a willingness to report, suspected citizenship or immigration status of an employee or a family member of the employee to a federal, state, or local agency because the employee has exercised a right under this Chapter 14.19.
D. It shall be a rebuttable presumption of retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of rights protected in this Section 14.19.055. However, in the case of seasonal work that ended before the close of the 90 day period, the presumption also applies if the employer fails to rehire a former employee at the next opportunity for work in the same position. The employer may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.
E. Standard of proof. Proof of retaliation under this Section 14.19.055 shall be sufficient upon a showing that an employer or any other person has taken an adverse action against a person and the person's exercise of rights protected in this Section 14.19.055 was a motivating factor in the adverse action, unless the employer can prove that the action would have been taken in the absence of such protected activity.
F. The protections afforded under this Section 14.19.055 shall apply to any person who mistakenly but in good faith alleges violations of this Chapter 14.19.
G. A complaint or other communication by any person triggers the protections of this Section 14.19.055 regardless of whether the complaint or communication is in writing or makes explicit reference to this Chapter 14.19.
(Ord. 124960, § 54, 2015.)
Seattle Mun. Code § 14.19.060 Enforcement power and duties
14.19.060 - Enforcement power and duties
A. The Agency shall investigate violations of this Chapter 14.19 as defined herein, and shall have such powers and duties in the performance of these functions as are defined in this Chapter 14.19 and otherwise necessary and proper in the performance of the same and provided for by law.
B. The Agency shall be authorized to coordinate implementation and enforcement of this Chapter 14.19 and shall promulgate appropriate guidelines or rules for such purposes.
C. The Director of the Agency is authorized and directed to promulgate rules consistent with this Chapter 14.19 and the Administrative Code. Any guidelines or rules promulgated by the Director shall have the force and effect of law and may be relied on by employers, employees, and other parties to determine their rights and responsibilities under this Chapter 14.19.
(Ord. 124960, § 55, 2015; Ord. 124644, § 4, 2014; Ord. 124490, § 7, 2014.)
Seattle Mun. Code § 14.19.065 Violation
14.19.065 - Violation
The failure of any respondent to comply with any requirement imposed on the respondent under this Chapter 14.19 is a violation.
(Ord. 124960, § 56, 2015; Ord. 124809, § 3, 2015)
Seattle Mun. Code § 14.19.070 Investigation
14.19.070 - Investigation
A. The Agency shall have the power to investigate any violations of this Chapter 14.19 by any respondent. The Agency may initiate an investigation pursuant to rules issued by the Director including, but not limited to, situations when the Director has reason to believe that a violation has occurred or will occur, or when circumstances show that violations are likely to occur within a class of businesses because the workforce contains significant numbers of workers who are vulnerable to violations of this Chapter 14.19 or the workforce is unlikely to volunteer information regarding such violations. An investigation may also be initiated through the receipt by the Agency of a report or complaint filed by an employee or any other person.
B. An employee or other person may report to the Agency any suspected violation of this Chapter 14.19. The Agency shall encourage reporting pursuant to this Section 14.19.070 by taking the following measures:
1. The Agency shall keep confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation. However, with the authorization of such person, the Agency may disclose the employee's or person's name and identifying information as necessary to enforce this Chapter 14.19 or for other appropriate purposes.
2. An employer must post or otherwise notify its employees that the Agency is conducting an investigation, using a form provided by the Agency and displaying it on-site, in a conspicuous and accessible location, and in English and the primary language of the employee(s) at the particular workplace. If display of the form is not feasible, including situations when the employee works remotely or does not have a regular workplace, employers may provide the form on an individual basis in the employee's primary language in physical or electronic format that is reasonably conspicuous and accessible.
3. The Agency may certify the eligibility of eligible persons for "U" Visas under the provisions of 8 U.S.C. § 1184.p and 8 U.S.C. § 1101.a.15.U. This certification is subject to applicable federal law and regulations, and rules issued by the Director.
C. The Agency's investigation must commence within three years of the alleged violation. To the extent permitted by law, the applicable statute of limitations for civil actions is tolled during any investigation under this Chapter 14.19 and any administrative enforcement proceeding under this Chapter 14.19 based upon the same facts. For purposes of this Chapter 14.19:
1. The Agency's investigation begins on the earlier date of when the Agency receives a complaint from a person under this Chapter 14.19, or the Agency opens an investigation under this Chapter 14.19.
2. The Agency's investigation ends when the Agency issues a final order concluding the matter and any appeals have been exhausted; the time to file any appeal has expired; or the Agency notifies the respondent in writing that the investigation has been otherwise resolved.
D. The Agency's investigation shall be conducted in an objective and impartial manner.
E. The Director may apply by affidavit or declaration in the form allowed under chapter 5.50 RCW to the Hearing Examiner for the issuance of subpoenas requiring an employer to produce the records identified in subsection 14.19.050.A, or for the attendance and testimony of witnesses, or for the production of documents required to be retained under subsection 14.19.050.A or any other document relevant to the issue of whether any employee or group of employees has been or is afforded proper amounts of compensation under this Chapter 14.19 and/or to whether an employer has violated any provision of this Chapter 14.19. The Hearing Examiner shall conduct the review without hearing as soon as practicable and shall issue subpoenas upon a showing that there is reason to believe that a violation has occurred if a complaint has been filed with the Agency, or that circumstances show that violations are likely to occur within a class of businesses because the workforce contains significant numbers of workers who are vulnerable to violations of this Chapter 14.19 or the workforce is unlikely to volunteer information regarding such violations.
F. An employer that fails to comply with the terms of any subpoena issued under subsection 14.19.070.E. in an investigation by the Agency under this Chapter 14.19 prior to the issuance of a Director's Order issued pursuant to subsection 14.19.075.C may not use such records in any appeal to challenge the correctness of any determination by the Agency of damages owed or penalties assessed.
G. In addition to other remedies, the Director may refer any subpoena issued under subsection 14.19.070.E to the City Attorney to seek a court order to enforce any subpoena.
H. Where the Director has reason to believe that a violation has occurred, the Director may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation or hearing, including but not limited to a deposit of funds or bond sufficient to satisfy a good-faith estimate of wages, interest, damages and penalties due. A respondent may appeal any such order in accordance with subsection 14.19.085.B.
(Ord. 127303, § 14, 2025; Ord. 124960, § 57, 2015; Ord. 124490, § 8, 2014.)
Seattle Mun. Code § 14.19.075 Findings of fact and determination
14.19.075 - Findings of fact and determination
A. Except when there is an agreed upon settlement, the Director shall issue a written determination with findings of fact resulting from the investigation and statement of whether a violation of this Chapter 14.19 has or has not occurred based on a preponderance of the evidence before the Director.
B. If the Director determines that there is no violation of this Chapter 14.19, the Director shall issue a "Determination of No Violation" with notice of an employee or other person's right to appeal the decision, subject to the rules of the Director.
C. If the Director determines that a violation of this Chapter 14.19 has occurred, the Director shall issue a "Director's Order" that shall include a notice of violation identifying the violation or violations. The Director's Order shall state with specificity the amounts due under this Chapter 14.19 for each violation, including payment of unpaid wages, liquidated damages, civil penalties, penalties payable to aggrieved parties, fines, and interest pursuant to Section 14.19.080. The Director's Order may specify that civil penalties and fines due to the Agency can be mitigated for respondent's timely payment of remedy due to an aggrieved party under subsection 14.19.080.A.2. The Director's Order may direct the respondent to take such corrective action as is necessary to comply with the requirements of this Chapter 14.19, including, but not limited to, monitored compliance for a reasonable time period. The Director's Order shall include notice of the respondent's right to appeal the decision, pursuant to subsection 14.19.085.
D. If the Director has a reasonable belief that a notice of violation for this Chapter 14.19 also indicates a violation of Section 12A.08.060, the Director may refer the complaint to the Seattle Police Department for further investigation or to the City Attorney's Office for prosecution.
(Ord. 124960, § 58, 2015.)
Seattle Mun. Code § 14.19.080 Remedies
14.19.080 - Remedies
A. The payment of unpaid wages, liquidated damages, civil penalties, penalties payable to aggrieved parties, fines, and interest provided under this Chapter 14.19 are cumulative and are not intended to be exclusive of any other available remedies, penalties, fines, and procedures.
1. Effective January 1, 2017, the amounts of all civil penalties, penalties payable to aggrieved parties, and fines contained in this Section 14.19.080 shall be increased annually to reflect the rate of inflation and calculated to the nearest cent on January 1 of each year thereafter. The Agency shall determine the amounts and file a schedule of such amounts with the City Clerk.
2. If there is a remedy due to an aggrieved party, the Director may waive the total amount of civil penalties and fines due to the Agency if the Director determines that the respondent paid the full remedy due to the aggrieved party within ten days of service of the Director's Order. The Director may waive half the amount of civil penalties and fines due to the Agency if the Director determines that the respondent paid the full remedy due to the aggrieved party within 15 days of service of the Director's Order. The Director shall not waive any amount of civil penalties and fines due to the Agency if the Director determines that the respondent has not paid the full remedy due to the aggrieved party after 15 days of service of the Director's Order.
3. When determining the amount of liquidated damages, civil penalties, penalties payable to aggrieved parties, and fines due under this Section 14.19.080, for a Settlement Agreement or Director's Order, including but not limited to the mitigation of civil penalties and fines due to the Agency for timely payment of remedy due to an aggrieved party under subsection 14.19.080.A.2, the Director shall consider the total amount of unpaid wages, liquidated damages, penalties, fines, and interest due; the nature and persistence of the violations; the extent of the respondent's culpability; the substantive or technical nature of the violations; the size, revenue, and human resources capacity of the respondent; the circumstances of each situation; the amounts of penalties in similar situations; and other factors pursuant to rules issued by the Director.
B. A respondent found to be in violation of this Chapter 14.19 shall be liable for full payment of unpaid wages plus interest in favor of the aggrieved party under the terms of this Chapter 14.19 and other equitable relief. For a first violation of this Chapter 14.19, the Director may assess liquidated damages in an additional amount of up to twice the unpaid wages. For subsequent violations of this Chapter 14.19, the Director shall assess an amount of liquidated damages in an additional amount of twice the unpaid wages. If the violation is ongoing when the Agency receives a complaint or opens an investigation, the Director may order payment of amounts that accrue after receipt of the complaint or after the investigation opens and before the date of the Director's Order. Interest shall accrue from the date the unpaid wages were first due at 12 percent per annum, or the maximum rate permitted under RCW 19.52.020. For purposes of this Section 14.19.080, a violation is a subsequent violation if at least one Director's Order has issued against the respondent in the ten years preceding the date of the violation; otherwise, it is a first violation.
C. A respondent found to be in violation of Section 14.19.080 for retaliation shall be subject to any appropriate relief at law or equity including but not limited to reinstatement of the aggrieved party, front pay in lieu of reinstatement with full payment of unpaid wages plus interest in favor of the aggrieved party under the terms of this Chapter 14.19, and liquidated damages in an additional amount of up to twice the unpaid wages. The Director also shall order the imposition of a penalty payable to the aggrieved party of up to $5,000.
D. A respondent who willfully violates the notice and posting requirements of Section 14.19.045 shall be subject to a civil penalty of $750 for the first violation and $1,000 for subsequent violations.
E. A respondent who willfully hinders, prevents, impedes, or interferes with the Director or Hearing Examiner in the performance of their duties under this Chapter 14.19 shall be subject to a civil penalty of not less than $1,000 and not more than $5,000.
F. For a first violation of this Chapter 14.19, the Director may assess a civil penalty of up to $500 per aggrieved party. For a second violation of this Chapter 14.19, the Director shall assess a civil penalty of up to $1,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. For a third or any subsequent violation of this Chapter 14.19, the Director shall assess a civil penalty of up to $5,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. The maximum civil penalty for a violation of this Chapter 14.19 shall be $20,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. For purposes of this Section 14.19.080, a violation is a second, third, or subsequent violation if the respondent has been a party to one, two, or more than two Settlement Agreements, respectively, stipulating that a violation has occurred; and/or one, two, or more than two Director's Orders, respectively, have issued against the respondent in the ten years preceding the date of the violation; otherwise, it is a first violation.
G. For the following violations, the Director may assess a fine in the amounts set forth below:
Violation | Fine
Failure to provide employees with written notice of rights under subsection 14.19.045.B | $500
Failure to maintain payroll records for three years under subsection 14.19.050.A | $500 per missing record
Failure to comply with prohibitions against retaliation for exercising rights protected under Section 14.19.055 | $1,000 per aggrieved party
Failure to provide notice of investigation to employees under subsection 14.19.070.B.2 | $500
Failure to provide notice of failure to comply with final order to the public under Section 14.19.100.A.1 | $500
The fine amounts shall be increased cumulatively by 50 percent of the fine for each preceding violation for each subsequent violation of the same provision by the same employer or person within a ten-year period. The maximum amount that may be imposed in fines in any one year period for each type of violation listed above is $5,000 unless a fine for retaliation is issued, in which case the maximum amount is $20,000.
H. In addition to the unpaid wages, penalties, fines, liquidated damages, and interest, the Agency may assess against the respondent in favor of the City reasonable costs incurred in enforcing this Chapter 14.19, including but not limited to reasonable attorneys' fees.
I. An employer that is the subject of a final order for which all appeal rights have been exhausted shall not be permitted to bid, or have a bid considered, on any City contract until such amounts due under the final order have been paid in full to the Director. If an employer is the subject of a final order two times or more within a five-year period, the contractor or subcontractor shall not be allowed to bid on any City contract for two years. This subsection 14.19.080.I shall be construed to provide grounds for debarment separate from, and in addition to, those contained in Chapter 20.70 and shall not be governed by that chapter provided that nothing in this subsection 14.16.080.I shall be construed to limit the application of Chapter 20.70. The Director shall notify the Director of Finance and Administrative Services of all employers subject to debarment under this subsection 14.19.080.I.
(Ord. 124960, § 59, 2015.)
Seattle Mun. Code § 14.19.085 Appeal period and failure to respond
14.19.085 - Appeal period and failure to respond
A. An employee or other person who claims an injury as a result of an alleged violation of this Chapter 14.19 may appeal the Determination of No Violation Shown, pursuant to the rules of the Director.
B. A respondent may appeal the Director's Order, including all remedies issued pursuant to Section 14.19.080, by requesting a contested hearing before the Hearing Examiner in writing within 15 days of service of the Director's Order. If a respondent fails to appeal the Director's Order within 15 days of service, the Director's Order shall be final. If the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall run until 5 p.m. on the next business day.
(Ord. 124960, § 60, 2015.)
Seattle Mun. Code § 14.19.090 Appeal procedure and failure to appear
14.19.090 - Appeal procedure and failure to appear
A. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases. The review shall be conducted de novo and the Director shall have the burden of proving by a preponderance of the evidence that the violation or violations occurred. Upon establishing such proof, the remedies and penalties imposed by the Director shall be upheld unless it is shown that the Director abused discretion. Failure to appear for a contested hearing shall result in an order being entered finding that the respondent committed the violation stated in the Director's Order. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear.
B. In all contested cases, the Hearing Examiner shall enter an order affirming, modifying or reversing the Director's Order.
(Ord. 124960, § 61, 2015.)
Seattle Mun. Code § 14.19.095 Appeal from Hearing Examiner's order
14.19.095 - Appeal from Hearing Examiner's order
A. The respondent may obtain judicial review of the decision of the Hearing Examiner by applying for a Writ of Review in the King County Superior Court within 30 days from the date of the decision in accordance with the procedure set forth in chapter 7.16 RCW, other applicable law, and court rules.
B. The decision of the Hearing Examiner shall be final and conclusive unless review is sought in compliance with this Section 14.19.095.
(Ord. 124960, § 62, 2015.)
Seattle Mun. Code § 14.19.100 Failure to comply with final order
14.19.100 - Failure to comply with final order
A. If a respondent fails to comply within 30 days of service of any settlement agreement with the Agency, or with any final order issued by the Director or the Hearing Examiner for which all appeal rights have been exhausted, the Agency may pursue, but is not limited to, the following measures to secure compliance:
1. The Director may require the respondent to post public notice of the respondent's failure to comply in a form and manner determined by the Agency.
2. The Director may refer the matter to a collection agency. The cost to the City for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the amounts due.
3. The Director may refer the matter to the City Attorney for the filing of a civil action in King County Superior Court, the Seattle Municipal Court, or any other court of competent jurisdiction to enforce such order or to collect amounts due. In the alternative, the Director may seek to enforce a Director's Order or a final order of the Hearing Examiner under Section 14.19.105.
4. The Director may request that the City's Department of Finance and Administrative Services deny, suspend, refuse to renew, or revoke any business license held or requested by the employer or person until such time as the employer complies with the remedy as defined in the settlement agreement or final order. The City's Department of Finance and Administrative Services shall have the authority to deny, refuse to renew, or revoke any business license in accordance with this subsection 14.19.100.A.4.
B. No respondent that is the subject of a final order issued under this Chapter 14.19 shall quit business, sell out, exchange, convey, or otherwise dispose of the respondent's business or stock of goods without first notifying the Agency and without first notifying the respondent's successor of the amounts owed under the final order at least three business days prior to such transaction. At the time the respondent quits business, or sells out, exchanges, or otherwise disposes of the respondent's business or stock of goods, the full amount of the remedy, as defined in a final order issued by the Director or the Hearing Examiner, shall become immediately due and payable. If the amount due under the final order is not paid by respondent within ten days from the date of such sale, exchange, conveyance, or disposal, the successor shall become liable for the payment of the amount due, provided that the successor has actual knowledge of the order and the amounts due or has prompt, reasonable, and effective means of accessing and verifying the fact and amount of the order and the amounts due. The successor shall withhold from the purchase price a sum sufficient to pay the amount of the full remedy. When the successor makes such payment, that payment shall be deemed a payment upon the purchase price in the amount paid, and if such payment is greater in amount than the purchase price the amount of the difference shall become a debt due such successor from the employer.
(Ord. 124960, § 63, 2015.)
Seattle Mun. Code § 14.19.105 Debt owed The City of Seattle
14.19.105 - Debt owed The City of Seattle
A. All monetary amounts due under the Director's Order shall be a debt owed to the City and may be collected in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies, provided that amounts collected by the City for unpaid wages, liquidated damages, penalties payable to aggrieved parties, or front pay shall be held in trust by the City for the aggrieved party and, once collected by the City, shall be paid by the City to the aggrieved party.
B. If a respondent fails to appeal a Director's Order to the Hearing Examiner within the time period set forth in subsection 14.19.085.B, the Director's Order shall be final, and the Director may petition the Seattle Municipal Court to enforce the Director's Order by entering judgment in favor of the City finding that the respondent has failed to exhaust its administrative remedies and that all amounts and relief contained in the order are due. The Director's Order shall constitute prima facie evidence that a violation occurred and shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under chapter 5.50 RCW containing evidence that the respondent has failed to comply with the order or any parts thereof, and is therefore in default, or that the respondent has failed to appeal the Director's Order to the Hearing Examiner within the time period set forth in subsection 14.19.085.B, and therefore has failed to exhaust the respondent's administrative remedies, shall also be admissible without further evidentiary foundation.
C. If a respondent fails to obtain judicial review of an order of the Hearing Examiner within the time period set forth in subsection 14.19.095.A, the order of the Hearing Examiner shall be final, and the Director may petition the Seattle Municipal Court to enforce the Director's Order by entering judgment in favor of the City for all amounts and relief due under the order of the Hearing Examiner. The order of the Hearing Examiner shall constitute conclusive evidence that the violations contained therein occurred and shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under chapter 5.50 RCW containing evidence that the respondent has failed to comply with the order or any parts thereof, and is therefore in default, or that the respondent has failed to avail itself of judicial review in accordance with subsection 14.19.095.A shall also be admissible without further evidentiary foundation.
D. In considering matters brought under subsections 14.19.105.B and 14.19.105.C, the Municipal Court may include within its judgment all terms, conditions, and remedies contained in the Director's Order or the order of the Hearing Examiner, whichever is applicable, that are consistent with the provisions of this Chapter 14.19.
(Ord. 127303, § 15, 2025; Ord. 124960, § 64, 2015.)
Seattle Mun. Code § 14.19.110 Private right of action
14.19.110 - Private right of action
A. Effective April 1, 2016, for claims against employers that employ 50 or more employees and effective April 1, 2017 for claims against employers that employ fewer than 50 employees, any person or class of persons that suffers financial injury as a result of a violation of this Chapter 14.19 or is the subject of prohibited retaliation under Section 14.19.055, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this Chapter 14.19 and, upon prevailing, may be awarded reasonable attorney fees and costs and such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of any unpaid wages plus interest due to the person and liquidated damages in an additional amount of up to twice the unpaid wages; and a penalty payable to any aggrieved party of up to $5000 if the aggrieved party was subject to prohibited retaliation. Interest shall accrue from the date the unpaid wages were first due at 12 percent per annum, or the maximum rate permitted under RCW 19.52.020.
B. For purposes of determining employer size for this Section 14.19.110,
1. An employee who is not covered by this Chapter 14.19 shall be included in any determination of the size of the employer.
2. Employer size for the current calendar year will be calculated based upon the average number of employees who worked for compensation per calendar week during the preceding calendar year for any and all weeks during which at least one employee worked for compensation. For employers that did not have any employees during the previous calendar year, the employer schedule will be calculated based upon the average number of employees who worked for compensation per calendar week during the first 90 calendar days of the current year in which the employer engaged in business.
3. All employees who worked for compensation shall be counted, including but not limited to:
a. Employees who worked inside the City;
b. Employees who worked outside the City; and
c. Employees who worked in full-time employment, part-time employment, joint employment, temporary employment, or through the services of a temporary services or staffing agency or similar entity.
4. Separate entities that form an integrated enterprise shall be considered a single employer under this Chapter 14.19. Separate entities will be considered an integrated enterprise and a single employer under this Chapter 14.19 where a separate entity controls the operation of another entity. The factors to consider in making this assessment include, but are not limited to:
a. Degree of interrelation between the operations of multiple entities;
b. Degree to which the entities share common management;
c. Centralized control of labor relations; and
d. Degree of common ownership or financial control over the entities.
C. For purposes of this Section 14.19.110, "Person" includes any entity a member of which has suffered financial injury or retaliation, or any other individual or entity acting on behalf of an aggrieved party that has suffered financial injury or retaliation.
D. For purposes of determining membership within a class of persons entitled to bring an action under this Section 14.19.110, two or more employees are similarly situated if they:
1. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period,
2. Allege one or more violations that raise similar questions as to liability, and
3. Seek similar forms of relief.
E. For purposes of subsection 14.19.110.D, employees shall not be considered dissimilar solely because their:
1. Claims seek damages that differ in amount, or
2. Job titles or other means of classifying employees differ in ways that are unrelated to their claims.
(Ord. 124960, § 65, 2015.)
Seattle Mun. Code § 14.19.115 Other legal requirements
14.19.115 - Other legal requirements
This Chapter 14.19 provides minimum wage and minimum compensation requirements and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater wages or compensation; and nothing in this Chapter 14.19 shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Nor shall this Chapter 14.19 be construed to preclude any person aggrieved from seeking judicial review of any final administrative decision or order made under this Chapter 14.19 affecting such person.
(Ord. 124960, § 66, 2015.)
Seattle Mun. Code § 14.19.120 Severability
14.19.120 - Severability
The provisions of this Chapter 14.19 are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this Chapter 14.19, or the application thereof to any employer, employee, or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this Chapter 14.19, or the validity of its application to other persons or circumstances.
(Ord. 124960, § 67, 2015.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.19MIWAMICORAEMPEWOSEFetched: 11/1/2026