Washington Minimum Wage Laws
In order to ensure that all jobs could provide a basic standard of living, Washington State passed its first minimum wage laws in 1961. Back then, the minimum hourly rate was $1.15. Today, Washington’s minimum wage has increased substantially, with further increases tied to the federal government’s consumer price index, according to the Washington State Department of Labor and Industries.
Other People Are Reading
-
Rates
-
As of 2010, the Washington minimum wage is $8.55 per hour. Every worker over the age of 18 must receive at least this amount, whether the work is agricultural or non-agricultural. Workers under the age of 18 must receive at least 85 percent of minimum wage, or $7.27 per hour as of 2010. Employers may not use employees’ tips to make up for paying less than minimum wage, according to the Department of Labor and Industries.
Adjustments
-
In 1998, Washington voters approved Initiative 688, which requires the Washington State Department of Labor and Industries to adjust the state minimum wage every year, based on the rate of inflation. This is measured by the federal Consumer Price Index for Urban Wage Earners and Clerical Workers, which tracks the cost of food, transportation and other necessary items. Because of slow economic growth, the 2010 state minimum wage remained the same as the 2009 wage. Between 1999 and 2009, however, the minimum wage increased steadily.
-
Alternative Pay Structures
-
If an employer pays workers a piece rate or commission, he or she does not need to pay minimum wage up front. However, the employer must still keep track of each worker’s hours. If a worker’s pay based on the piece rate or commission works out to be less than minimum wage, the employer must make up the difference. For example, if an employee receives 10 percent commission on her total sales and sells $3,000 worth of merchandise during 40 hours of work, her employer must add $42 to her paycheck for that week in order to ensure that the employee receives the minimum wage. The only exception to this rule is for “outside” sales, in which employees sell products or services outside the employer’s place of business. In this case, an employer does not need to ensure that the employee receives minimum wage, according to the Washington State Department of Labor and Industries.
Penalties
-
An employer who intentionally and willfully pays workers less than minimum wage is guilty of a misdemeanor, according to the Revised Code of Washington, Section 49.52.050. In addition to any criminal penalties that the employer may receive, the worker may sue the employer for twice the amount that the employer unlawfully withheld. However, this double civil liability provision does not apply if the worker "knowingly submitted" to the low pay.
-
References
- Washington State Department of Labor and Industries: Historical Minimum Wage
- Washington State Department of Labor and Industries: Minimum Wage
- Washington State Department of Labor and Industries: Commissions, Piece Rates and Bonuses
- Revised Code of Washington: Chapter 49.52 (See Sections 050 and 070)
Resources
- Photo Credit dispute for the money image by ktsdesign from Fotolia.com
