Revised Code of Washington
Chapter 49.46 - Minimum Wage Requirements and Labor Standards.
49.46.160 - Automatic service charges.

RCW 49.46.160
Automatic service charges.

(1) An employer that imposes an automatic service charge related to food, beverages, entertainment, or porterage provided to a customer must disclose in an itemized receipt and in any menu provided to the customer the percentage of the automatic service charge that is paid or is payable directly to the employee or employees serving the customer.
(2) For purposes of this section:
(a) "Employee" means nonmanagerial, nonsupervisory workers, including but not limited to servers, busers, banquet attendant, banquet captains, bartenders, barbacks, and porters.
(b) "Employer" means employers as defined in RCW 49.46.010 that provide food, beverages, entertainment, or porterage, including but not limited to restaurants, catering houses, convention centers, and overnight accommodations.
(c) "Service charge" means a separately designated amount collected by employers from customers that is for services provided by employees, or is described in such a way that customers might reasonably believe that the amounts are for such services. Service charges include but are not limited to charges designated on receipts as a "service charge," "gratuity," "delivery charge," or "porterage charge." Service charges are in addition to hourly wages paid or payable to the employee or employees serving the customer.

[ 2010 c 8 § 12046; 2007 c 390 § 1. Formerly RCW 19.48.130.]

Structure Revised Code of Washington

Revised Code of Washington

Title 49 - Labor Regulations

Chapter 49.46 - Minimum Wage Requirements and Labor Standards.

49.46.005 - Declaration of necessity and police power—Conformity to modern fair labor standards.

49.46.010 - Definitions.

49.46.020 - Minimum hourly wage—Paid sick leave.

49.46.040 - Investigation—Services of federal agencies—Employer's records—Industrial homework.

49.46.060 - Exceptions for learners, apprentices, messengers, persons with disabilities.

49.46.065 - Individual volunteering labor to state or local governmental agency—Amount reimbursed for expenses or received as nominal compensation not deemed salary for rendering services or affecting public retirement rights.

49.46.070 - Records of employer—Contents—Inspection—Sworn statement.

49.46.080 - New or modified regulations—Judicial review—Stay.

49.46.090 - Payment of amounts less than chapter requirements—Employer's liability—Assignment of claim.

49.46.100 - Prohibited acts of employer—Penalty.

49.46.110 - Collective bargaining not impaired.

49.46.120 - Chapter establishes minimum standards and is supplementary to other laws—More favorable standards unaffected.

49.46.130 - Minimum rate of compensation for employment in excess of forty hour workweek—Exceptions.

49.46.140 - Notification of employers.

49.46.160 - Automatic service charges.

49.46.170 - Employment of individuals with disabilities at less than the minimum wage—State agencies prohibited.

49.46.180 - Paid sick leave—Construction workers covered by a collective bargaining agreement excluded.

49.46.200 - Paid sick leave.

49.46.210 - Paid sick leave—Authorized purposes—Limitations.

49.46.300 - Transportation network companies—Definitions—Driver compensation—Notice of rights—Electronic receipts—Weekly notice, trip information—Trip fee—Driver resource center—Rules.

49.46.310 - Transportation network companies—Driver resource center fund—Selection of driver resource center—Intent.

49.46.320 - Transportation network companies—Department investigation of compensation-related complaints—Penalties—Appeals—Orders—Private right of action.

49.46.330 - Transportation network companies—Department investigation of noncompensation requirements—Penalties—Appeals—Orders.

49.46.340 - Transportation network companies—Unlawful practices—Retaliation—Penalties—Request for reconsideration—Appeals.

49.46.350 - Transportation network companies—Paid sick time—Department investigation—Notice of assessment—Rules.

49.46.800 - Rights and remedies—Long-term care individual providers covered under this chapter.

49.46.810 - Adoption, implementation of rules.

49.46.820 - Chapter 2, Laws of 2017 to be liberally construed—Local jurisdictions may adopt more favorable labor standards.

49.46.830 - Chapter 2, Laws of 2017 subject to investigation and recordkeeping provisions.

49.46.910 - Short title.

49.46.920 - Effective date—1975 1st ex.s. c 289.