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HomeMy WebLinkAboutBatch 003Raising Tne minimum wage in Renton CITE fx .;:NTpN INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL AUG 31 Y023 TO: The City Council of the City of Renton: ® cccner 933-M '""`"°"""""""� RECEIVE We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total num ciffl s listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a�vofe�b'f�4iie residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Sam* 1Printed Name 1234 Anywhere St. = Renton 206-555-1234 maria@something.org Date 4/10/2023 Renton lv` �� 3 T i�117Lu% Corm /�a ndj� 2. C� Renton ' Cvw� /C Z - rF 3. Z✓� ?A-jz-ry t � Z (7 ST_ Renton�2l ui > 51 5. 6. 7. 8. 9. ]0. a c,y.� �v�S (�h� S �� 23 � x Lpjz�r'6i'J 1 r�w�v 13S� ��t. cu12��S „ Renton Q _ Loa 1 Renton "c� 6 2 `5 `.i`6`{ s ly F 32c� Renton Z / ?;z Nc 51rIAy�iN�J (Di8IL'wAw A -Vic ,mot Renton 064'1b�-2L3 S6Lry�W-AC- t,ka >cvti y/16/�3 �(/'� " (5' 6 l wi co / Uf J` Renton 2,15 - 3�0 ` 3 5iz?�(o �i��� vw r : l • ca✓h 7 /� LeaL1 �unmc� �2 �� 3rc1 Renton2"J `3�t 3100 there s1�oPeee @c�rnC,;i ,2, C__�• . �.jic-.4 /2 3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they straggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July I, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per how. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate entity. The factors to consider in making this assessment include, but me 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiving through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. . Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter•, the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. T The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved parry of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and c. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its fanctions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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 erands. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. prase" Email Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 ��✓�^ hi „z, vsratiS b w ��%•ti f / lZ� r(e Renton �ZS�l�jZS"26S/ �l/Le% 2. 3. 4. 5.n C 6. G�icr Nevv�clON M 8. 9. 9es C.r�; _ ��� % Caty i l i e `t fG3 10. S; Renton Renton �L06 - Yd�) -/ 9VI Renton i�-�/ i Renton —Y71 _5737 Renton Renton L4'25'¢'�jj-5 3 (3 6905, /1 /�� Q11�1VZ C v;'— i4iJC Renton 'c /a Vl�_ 5/ Renton ><g-) 0.14tsb"tc 4ve Sw 4;;4, Renton 64(r(OVI Iq (�) r'II - (0 M V/6 / 2-3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation, 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous yew.. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonablejudgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. I. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about thew rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter, the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. I£ an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Of Canvasser: Date Canvassed: and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number city Phone Number Email Date sv0&T Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 I QUA L'fi( A C 3. Renton l e vae, LeS�� Renton Renton 4. U�l /1 T� VI'✓oc l l f i.09td-r am I � fi1t �� �6�L Renton 5. (A0 1502.5 J�Q Renton 92S-623-3207 Renton l5N Z-7-7 14emA \X Renton 5 �oHt�So>J S � S� 2 le i � Aek e \1 Q Vu % S� Ptah Sv 75 �,J1�`\1o,rVj y 6� 3o s )Ile L' S j W.1� "G 49j �ti� S rah Q �S- b--�aob, I -),`jItnGt I I. C Renton �ptO `�6�-G44�, ��1l�y1� �ivStl�p�u 69en�l Renton 14, Renton �aS 77� _49 4g (�' -17- Z� W 21-23 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 6/2 -17L/2 3 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 20262 and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief, 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rates and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum wage In Renton CITY OF RENTON INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL JUN 28 2023 TO: The City Council of the City of Renton: p cccner 933-M '°"�^°�^^�""° RECEIVED We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of nanQJ f%FfiK S OFFICE listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature S?/6eM 1 2. 4. 5 6. 7. 8. 9. 10. Printed Name Printed Name =5-r. F F AEI left Street and Number 1234 Anywhere St. ALNDC—K4 N pv�llj �6v_" I /�/oov //e(^C 2 I t),(Vd HV SCE hr � � 4 pyJ� A� Q N ZvZ6 /q L F - Sr< 4—z' )_ �- `I W cl� City Phone Number Renton 206-555-1234 Renton Renton Renton Renton ( Renton � e.5 Renton -0 144 �`I/ W� 71� A Sc C.) iv, 1��13 Z 2 td u , �� fJ4�N Renton (2L�) -2)) 2-511 3 !�L- Email maria@something.org Date 4/10/2023 2_�IZ,: ql'2� fflB `' UGI,{I DF1Q— l F l�V�lbl/� � � j22 Renton IqlA(rLe� Renton P U Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section I. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent, 4. When working families earn insufficient income due to low wages and involuntary under -employment, they straggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023,und by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 1024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar yen, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiving through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) yews. Section 9. A new section is added to Renton Municipal Code (TIME) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S'`7/6r'n Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 I<i V)q L07 1 �l �� ��� Renton �� 5�1% f3rj� �d (�rvlK,)l��� 19I13 b'3it� tN S �/6 �� RUSf)LINDA SiN GSo�I JtxrMl Renton /yv S�2 %/z3 2. 3. a 10. n11Li-�Cr)-t• ClAf) OL--L 21n —Saw — Renton Z(dS- —_X� � 1�lflL2u� I CL��. Renton Renton F�av�tcl,ti.�, 1`j owti K Nt0 i (" 101- �Zt7( !J 104A -?U II i! Z,'J l°1.9Fns9 Renton Renton BIrc` ' Renton � Z4- ;- 33(n Renton -P12�/ 3 S'(2,7(z3 C)0/o-5%a3 G(/,?/Za Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the lugestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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 meant of up to twice the unpaid wages; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be. subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S400w7lorm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 w tGa 11z� la Av I$', l q03 - Renton v /° ° f�vw�dX,C?�I �i?c/ 24" 3 l(oRenton 7`53VWO'7q I 3. L� (� �Zwtc«/1 Renton10 botvro-Y., @c5ma'i co1h ,n u. 4. Renton �bo'�ia, -BSc GCSUnS�IZ3 �gmatl. (_Vh) ✓cil./(/L ip_ tS e c) (v 1-7R s. �avzx(/1 �lS��� Renton �� ��� SwePr�1k�'��rtilnao ,c0fv� �.z 6. �i��t S -c l�� 2n�oc2d�i�5� Renton �65 55'? GIZ�zS l�� �ra;I ,GoM S/ 2� 73 Renton 7. s.ltw� S I oCS�� -� Renton 9. �.� _ (S (�bn ZfA(,� Renton 12� � �2 Y 3�g ova ( Gt l (. Cc'A 10. �(,vtG�' vic�c� Vll arm wlemVi6v2v� Renton ` Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restam'ants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to. confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terns shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified 4) a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severabflity. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser F_ Date Canvassed Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date SatioiBe%&4 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 zz�� C/ZSS/t-�i 2C/7 2 �' 10—;13 S a b d-3 S= Z -1� Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with newly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton, According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per how. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they me under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an aggrieved party means an employee or other person who suffers tangible or intangible ]farm due to an employer or other person's violation of this chapter. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per ammo or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within aclass of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46,070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" ik defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rule, and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code, Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number 206-555-1234 Saa,o&11a&,r Printed Name 1234 Anywhere St. Renton t. N _t R I 3 5 b M-Qa0)4/ /-t!/ /l� Renton s- c��Z-�j�-7 2. b 3. 4. Renton Zl1 S Renton Z msa�e W G�Ift �(k v" Renton g5Lf( , k e l 4r>1 2x 54 1 - �T') `i Z53 SI F5-23 Email maria@something.org Date 4/10/2023 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 0 5W,2.,PZ3 2 E AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those ]yours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July I, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar yen, classification will be based upon the average number of employees during the most recent three months of the cuff cut year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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 slime common management; C. Centralized control of labor relations; and d. Degree of common ownership or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter, the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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 clew and convincing evidence that the adverse action was taken for a permissible purpose. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter, 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as otter due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify, compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified In a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature S4000& tiorm ° 2. Printed Name Printed Name Street and Number 1234 Anywhere St. 53c) City Phone Number Renton 206-555-1234 Renton Renton SA( "1t 3.w�lI � f , lC� ✓V Renton- 4. _�\\/ //� ISAnJo. (L��2- l l� WG�I S 71V� Renton a 10. —Ca r (ZCe35 ll� � Renton IA4 hut--f 5q3 Email maria@something.org Date 4/10/2023 0s188n 5V�5AWI;1 V_4�s�} ,l- cz'� d-1//" (')C*� uv\ko'n. k) pi' Renton 3(� ��3-Sa�S ���/Z3 k i rkl a"N')\ P I AJiz �TY� �� tt�C Q� �� 1� '•��/� Renton e Renton J�Gr��-3�153 `kI (Z:3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- (� ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be �J guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new mid evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child cue, and groceries, and they are more likely to be evicted mid become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46,160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4.Otber Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate entity. The Factors to consider in making this assessment include, but are not limited to: a. Degree of interrelation between the operations hons 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have die skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work horns. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected trader this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence; that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that an provision p y p o rshon of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other formsof relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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 eaands. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Printed Name f/7 1234 Anywhere St. / / Renton 206-555-1234// maria@something.org 4/10/2023 �1111r4'+ enton �e 7 2. �� i Renton J' 76bg 7 - ��% /`;7 �s� C 5�� 3. / �/ (] l� % Renton Z %� ©/2 r 4. l� 1" JG'vNCya�N 1?e��10 G J'3 Ci�dS Renton z3 �e,��hd1 c,velt �l IA\- 2-1-1-7L- �vh1 �1�c�5G Renton 5. �+Iri eS Z22V - J2 D �} 6. G/ G%a+ri� 2�a`lqX0 C Renton Z�6Q S-) 6��/S 7. l.lw� ��-1� Z Scene. �� Gi Renton I�, t� v✓65u by✓yi/ Ave N, A -A-' /9rl 8. 1 r^R'l�,C%-- RuYufE CU�c�r�N Re�rP} yC54 Renton 9. l rl O C Renton Zj pC_//_�� /2 10­1 'A f� �. ✓� � %�^ ��lvL�,l Renton (-- 1143 N�ioQ" L�-t� �ih. ��(b�Z Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ®5i-.Cfl5 933-M AN ORDINANCE concerning labor standards for certain employees. Section I. Findings. I. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yen thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar yen in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or afamily member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per armour or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. S. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) yews. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: 10. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: p �cccnsr� 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S `U'oz Printed Name 1234 Anywhere St. Renton it, 206-555-1234 maria@something.org 4/10/2023 Renton�5`f�a'y7`�� CavwG�� Renton Renton a tf>3 - Zo3S S� �f� �i ✓L Renton 7 7j-Vi?- 74c,', 5L_ � f1- ' Renton �Jo� Li?i ,;-T Pn n O� 6 been e' z.Z I I S P .' Y1c, fL Renton VZ 6-ol Renton Cal C06A / K < q%24o/ Renton LIL�-5L4`61(� (aL�ecr�aeYIIJ�'✓v�i��cJrva<�J Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Newby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per how. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification,will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter•, the right to inform the person's employer, union, or simllar organization, and/or the person's legal counsel or any other person about an alleged violation of this chapter; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter, 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter, 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees we employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "How worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensue compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton 1 2. 4. 6. 7. 8. 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: p ,sc5 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email SaH.�£e?/°tPrc Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org W I UAIY� 13re o-(y JLr btf i ZS3 G5l 0�'o2� LIC Renton V` Renton e G g o5�i v T� lSw_ oecft.$ 7Wr ly[ ?Vvrkmrk piyF)v-C, (� 06 /`i'l C-o es Renton Renton L 1� Renton Chi—oy� Renton Renton %l9-002—k Renton -(C � o ' Date 4/10/2023 4'Zi ) ZoZ3 L4'-�7 (a�'a Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. I z7/? 3 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar yew in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. - Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. An employer bears the burden of proof that the individual is, m a matter of economic reality, in business for oneself rather than dependent upon the alleged employer. "Employer" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: p GCWID933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S `v0An Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 LCS't-le 1. ✓�^- {��./Tmti, c✓,g - %�as� Renton : ''c"`6.1 ,"s SyPG/G1A CAI ��1Zz. 3 p ) 9. 10./ c J z In vH/-f� 1 �; 704q �� C'C� k N (Z,h� (\*fd 7�4 Poq U i Coo 0v 2 v/r /J/7 �i3+IF 9IwIT) r�, Renton t Renton Renton iA ]_ Renton Renton Renton 906 Renton I j,�� aQGiCao CUn7 �;2-% Imo`? Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. z3 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuing that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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 are. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees timing the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar yen will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter, the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered; scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may'involve any aspect of employment, including pay, work hours,_responsibilities, or other material change in the Terms and conditions of employment. It 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19,52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "How worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton 1 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® I.M.P 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name S400&f/dtei Printed Name Street and Number 1234 Anywhere St. 04 �," 2i 12 0 I i W� f� b-E v� t a 03 ���.�OZZoc L�r�.5• �� n o.\ v-i. City Phone Number Renton 206-555-1234 Renton Renton Renton Renton Renton Renton Renton Renton Renton Renton &—Cc 2�s Email maria@something.org Date 4/10/2023 \4i2G,2> Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. a� 1 �� 1-Z�>' AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified par -time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Eamers 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.1609 are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including employees who worked in full-time employment, par -time employment, joint employment, temporary employment, or through the services of a temporary services or staffing agency or similar entity. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiving additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collectivebargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under his chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, directly or indirectly, the willingness to inform a goverment 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per armour or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as setforth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers" See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton c 4. s. 7 8 9. 10 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® GCC/IBT 933-M ��41pA6MPPIM� We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email SvO Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org }�Ail 0C4 V\ fti0�) �_I ( I a� n i-c F-2�VAAl )10 Renton 6i7-`,/(-60557-- Renton Renton <1 d (b 3 3 Renton Renton Renton ZZq Z�--((V Renton Date 4/10/2023 ql3 61z3 a3 vl z_3 5P4Ucti Renton Cl����l�'�(Z(Pr �GLI(QV1�VviBCO C� l f �OlZ3 Renton Renton ql-'3G i23 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he -or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each how worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous yew. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate entity. The factors to consider in making this assessment include, but we 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "How worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensue compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concernslabor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Nai y vasser Email and Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: o �c .. 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Satir�ife?/oto: Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1. I/�%/ / vc•c , fU�`1 1771� 1k�k", i,r Renton S-1��4Eo-41 �c�%✓^hk�2k� tir 2 3. I��lEii� 9. 10. sys6--0 ' ejv�- () Lf, 6u, M, lle-r ijKwa�V ` 1 a IZ2Z3 SF ��� we 0 3l� SeNe,_A f'L./�/�N. Z Z i /*40a, /vUC /?e Renton -151 'C33 2_0E�)-T Renton �zr5 —7 y7 31 eZ" 1I1S I Date 4/10/2023 �/2�12b2a -I 1zci 12p2_,. Renton 726 �.C�la l ?�<� Sce� cR�a�ivh 7e �r ✓a,'L, ca'til l�a��lzo�� , Renton Al � ,'(�ee��� I Wes//oa f Renton! �%� �� I J. IY1'I 2 Renton t(2fC('�7"2�1 Renton z s3 'a s�G s o��l� S';l i12_T Renton `Z�G Y , ? 4 %LS n -. Renton Vu/� Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide army of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. I. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar 1$1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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 it. Degree of common ownership or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for horns outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in meant, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the workshe and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to par icipatejointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. S. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 pan 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Date Canvassed: and Phone Number: Raising The Minimum Wage In Renton 1. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Sti6y Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org PL 2. 3. 4. C?�� 1��-� t4elZ'4 Renton Renton u �g 0 -S Renton �j QTh JWJ6� A � $ � '�2 Renton as t10 ! Lit I "-Avacy4s P'o 06- AP'/ih L2_ `G-� Z(1 0I <Gqq ., Renton ( � 0o � i p`g0 Renton p t� cp Aw, 1v Renton l $ ! ? D 6 �q 8. %Gft re �� l (J 2 Renton yZS .�rc� 9. �— Renton -- Renton Date 4/10/2023 LA 12.11202,3 �/-Z f/z -I �/Z'�/Z3 _T�1j,�2 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. "B'ucgouxsvw�'O AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5, Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January I, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annam or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are uurelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46,010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt roles and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton 1 2. 3 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: O ccCnjI 9 3 3 - M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email S''?1OeVr Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org Date 4/10/2023 I AC/ �— �w c l� i J� �V. Renton -I �✓ ()��i ��GL c �G1�C�1 �Gt��.Cov� i 1 p q q 1� C �N k�� �I� � 'V1 � 1�� Renton 4 l� l ��2 �� ���J ^� U�9�1�.� h'Za' "2oL3 ��^„ t J5 4. 5 6. Ma Y'04� lilrta SmtAl6LO"S�"' I&,la- P` s-E ----Rent Renton SDa - S5.�-7g5If zl ( zz oz3 Renton /�'J ✓�D�OUS C�Eaw,%� o ryrl(. l Renton 7. „�J�, I\D�ViC IXb4N''�y I—P � Renton 8.(�I( �v��Yi:� yh/P- Renton 'Z-?)-'4�)i (�krvtanfl N CC:)?V- q1 �' Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. l Z> AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Pbase-In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue timing the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter, 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof, Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per am = or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that an provision of this chapter has been violated may al p y p p y so be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The tern, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. .. Me Of Canvas Date Canvassed: vasser Email and Phone Number' Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ®�cccner 933-M ">wuweweu�"° We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number city Phone Number Email Date Sanc�rile`Uotac Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. �� � �`�' '9✓1 l�/1 '� ��2 lit)) �(I �" S ve /V Renton I �z `� L - 2. �B�f P� . �n _/� Renton 3. �� l�(�u Renton — �L> t 5� L Renton 4. 1�� �� >o �i27f�23 5. Renton 6. l �S"E' L l02 SL /� l�1 Renton Renton 4�2C(�23 s. IL M 1'1 l fl0 iU ��t LO p Renton ���Z y /Z 9. i�` ° �����. �� h , C �— �U G cic)�� �/ Renton 10 �l l� f 3 l �� (V� lr` J Renton L14 �/z�7 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with newly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers me well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Farr Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Newby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. I. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yew thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, we itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate entity. The factors to consider in making this assessment include, but we 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 it. Degree of common ownership or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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, Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written by which: I. 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(0). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File, Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton Date 4/10/2023 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® BCC/IBT 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Sa00&?/dit Printed Name 1234 Anywhere St. Renton p I� t. j�. Lti��c��b i N1�V,'�hn V !Vv�eM� 5�� '���OIK\j �%�� I Renton 3. l 4. —� Renton Phone Number 206-555-1234 Renton ifloes Email maria@something.org ✓ACAr Renton ��b ��SS 3533—{aZ.-`ic�C N'-0Y'eO a� Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards; the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per armour or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well m other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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 erands. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined a ; set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance me declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton 1. 2. 3. a 5. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City_ Phone Number Email Date sawlt&v Printed Name 1234 Anywhere St. ent 206-555-1234 maria@something.org 4/10/2023 �G53 116 PL, SE Renton 092Lz(_L27 Qv?A l� 3<%l 3(1(kw) Slov I ZCo in%.VY� ���T\ S Renton ",C,� �te C �iX �(ltn �� 3 NC V ilt� �' l t �� (�1E Renton / I Z (:2 11 C_— e - - l �l �_S/ f 6 lz_IZ Renton 6. C i�� 12a� KJow 2222 Lu 8. 0 10. Renton 4:�(I Z � Renton C, �61),n , %VT7 � IV1 Renton 'L0?i4 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ®cccnsTr 933-� AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. L Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Pbase-In Period. Other covered employers shall phase in the new minimum wage, m follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established trader Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each horn worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar yew, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current yen. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployce, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. I. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per mmum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well m such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written by which: I. 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC.v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of I Date t Canvasser Email and g$P,, hone Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® %GCC/IBT 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email S-IlOrer Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 3. 4. �I 5. 6. 7. s 8. 9. 10. C L6gliN I �G Z Renton ?- Renton Renton 1 Renton Renton Renton f boo �o> 3yo —G73 / 17�061 13` h AvP SE 0 Renton >(X%-6(,5i- PPq)Mut,A t37_s «ry.w;w_ F.,(' P-C I UA ! 7 ��r CT Renton Renton Renton 63---443- 4-&24 -7S3 'Ica I, c¢ 1.�oV'1 Date 4/10/2023 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. c 2 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they straggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Delius ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar yen, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities in a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiving additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but me not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records a; required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and we not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor, "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensue compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rates and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 RM 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising Tne minimum wage in Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® GCC/IB7 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date awjrfeI/Otet Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 � IJ) Renton 2. \\� I L �J1 I �- Renton �1�5'c� �� ` I 3. c,0.n4 �� (i� VG In S� K � Renton 2S) ��,'�b't� JCAIU"lVrnCA�l cuvYl .2GI'23 Renton 3-6(aS—SZf —7/9t�( _ ti _2 5. G ro S t>^ ` q`6 Renton %Zfj'30l'�1�� aridaev'Vx5�Dufl0A.town q/Z Z (0 Renton Q41ag 6. AI ko l�^ __y)klook. 3 Col'Y1 523 y_% UVAO( AVe NG Renton s. Renton 994,1 I AS`6)k4uh1 KVG N G� teP Renton � 3-- c�i �/ TRentonZ/1 lo. I 2 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with newly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child cue, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. I. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar yew, annual gross revenue will be calculated from the gross revenue dining the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. I. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for horns outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work horns, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an aggrieved party means an employee or other person who suffers tangible or intangible hamr due to an employer or other person's violation of this chapter. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because thew claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer falls to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "How worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedwes to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter, The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this. statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sa�x�rle`Uotec Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 b`/M d� 1J0�►"u"a(v>\ a rGl 1 / 1• / & 0 �V J� Renton �b� 3 y 3 d 2.✓ic, G (� 7�� S� h S7 Renton yrY / LeZ� 3. o►'� Leel �--' Renton ' 4. UV JWtC1 - A(0, 0rV7 tio2 N lot'$ p �, Renton s. 4��pct Ao LYvA-/Z I Z ©`L /U ( 0 -i1 F1 Renton L- W' 9,3 Renton aV7. �14li" yjOld "tt��ln '' (I "I 0 V� S Renton a 7 10. Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. "a�aeourtevwx�^'O '. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child can, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTaq Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31; 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips"and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling ad employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. I. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participatejointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements o£RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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, aTanchise fee. The term, "franchise fee" is meant to be construed broadly to include any instance In which the•grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the gramoP. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large Employer" means all employers that employ more than 500 employees, regardless of where those employees me employed, and all franchisees associated with a franchisor or a network of franchises with franchisees that employ more than 500 employees in aggregate. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTaq 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Canvu„cr Inniil and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date sSaoa,&CePrinted Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. \ J�onV,a I�1 I l 13�o I tXU(5 q Renton o`�c�!- `�07%�pS/Orrh.�%�� �ll�!'u� c fir'-Z� 2 2. cL4Z( �(S�IJfl ��rj �� kf1337 Renton 3. 4_�In Keeyun w ier 11713 Sp 166ii PI Renton (2aG)9oa_a,�aq kTr 4H orn /7)t'i � MAII [,u W� y-Zz 2) J 4. Renton 01��►�10 (f/3r�i /'Vt SC Renton Z0�' 3 Z 7"3�?1/ s. k ill a U 6. C'l� ICJ � �{1l11 Renton 4 Z)rl L&,3 7. \% L;)Zf) \\o\ l�� ` T, Renton 25 - 25V -16-�z 2R Z�j s. / 2 Renton I/P(¢W6Z 6(0 f126 9. \ 1 Y ___ ,iyatnK V �Gi�1 a 3() qo St 4. 0(C Renton a�-9�3-16�3 ��a�20 10--:"� lt?,�111 t&//A* 11X01 SE* ate,& 0�6(� l% 1 93�3 MaF/6-'S Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be ® �GCC/IBT-933-M guilty of a misdemeanor. m AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonablejudgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the,employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorney fees and costs and such rgal 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per armour or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements o£RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters intoa franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject `concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. I£ any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. ' 1 2 3 4. 5, 7 Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number i City Phone Number Email Date St/ti° Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 ` Renton a-0 )-O_N21 gla7/as � l�l� V�onrzae� � � �.r„r� � �-Co�u 40 N4 4JO NU _Z& V Renton �¢� ��� 'i Z ZJ 1.,� i-( J 1` Renton 8. 9. 10. G 6 '15�30 5t /*rt s; 6n77 /Vl� 7A6 54a5 ,sue J'V4 Gk ' Dj Renton z,-L(x —3/ g17 Renton W K ('VC-/ 05-e Renton 2 "bb -23( �f3 Renton (254e 3'-Y6�. 4�'i q 5 L'4c I ' &Ok Renton ��6 w� N Renton IiLoa ago-��a3 Renton 40J FiNd ,\,Cof. 1{(2__(i3 a,3 h [A)0 c, Y4 �o(�" c awr S (V\� \)AVV30(-MV kco '�&�Aov - C'k, � bLcx/(�3 l C)I � 4/ L'tjL444, (Ica, /1fJ/Z5 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ® cccner"= 933 M 4Blygp,gMMim" AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees timing all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected trader this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of my right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in meant, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter we cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large Employer" means all employers that employ more than 500 employees, regardless of where those employees we employed, and all franchisees associated with a franchisor or a network of franchises with franchisees that employ more than 500 employees in aggregate. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: 't Date Canvassed: q t Canvasser Email and Phone Number: Raisins The Minimum Waae Ir Renton r INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: 0 fGCC/IBT� 933-M 4Bgqu���p,11M� We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date 5'?1"ta Printed Name 1234 Anywhere St. Renton j 206-555-1234 maria@something.org 4/10/2023 1. 1 7 <_ -e_ PPO'Cac_ Sl CG Amh r;-7. wof ih D Renton Renton 1122 Ccz4,�e;.5 A,,(� 4\jC Renton 1z Renton Renton Uj i Renton %t 54C1 q14F) 4, Renton 'I 8. r 1 ���� ®� �����)% yh JC/\ Renton 0 10. I \' ,pp daa" c Messy+312Ca. �i-tct(rY�cu, I , c,6 w :I. t%_"�/I11• t123 �_ cm � V9, 0(DL CcL1_'1 /21�3%z3 VIA Ga0JAJ iL-)?'Jr ;����� j.AV C wl`�SFIitiiC icti�l N (�� ��' Renton ��,rvy �e,�`n S'�°�Z? �� ��,(1t S��Gh 4vft Renton I(� �(23 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuing that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with newly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuing that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yew thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, we itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each how worked within the City. 2. Employer classification for the current calendar yew will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current yew. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar yew will be calculated based upon the gross revenue for the previous yew. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, sepmate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate entity. The factors to consider in making this assessment include, but we 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. I. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorney fees and costs and such legal or equitable relief as may be appropriate to remedy the violation including, without lirpimtion, 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees we similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that an provision of this chapter has been violated p y p p o ated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and me not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3,E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 atrademark, service mark, trade time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large Employer" means all employers that employ more than 500 employees, regardless of where those employees me employed, and all franchisees associated with a franchisor or a network of franchises with franchisees that employ more than 500 employees in aggregate. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensue compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance we declared to be separate and severable. If any clause, sentence, pwagraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date SaHttzCe9/ot�c Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. cvnAmcwi a. �bv a o vi 3 s3 ! _" 14ve Sa= 0 , a r'_L lt� w, a,, ( Renton 1 (�J Z ���U �/ 5 �` Renton 3. g 4 "t L/� � //'-� — z7 4. / Renton U / s. Co Renton 6. �wrc' �r S. Zaw6� YS-r � SC . cFTG PL Renton ya,-74, F7/ 7. �1YY141? �/iM�larl Iya 5 I I i i'" Renton (Zs" (c`ll-� ? ��� /?3 8. f�12 G�vIGG{Ge— o(l� %333 �G�33e� S� Renton i 9. -7 J i Gill I O r / Renton 2Q� 39 29�Qi'1�T Wfi1 I�IQPiJ(�h 2� J�lmcrt-L 2Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ®_�`�='eT" "'-M •eWcnurn0 iau AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current yen.. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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', the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an aggrieved party means an employee or other person who suffers tangible or intangible hum due to an employer or other person's violation of this chapter. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49,46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny,. suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date sSaurzPe`Uatac Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1 1. `� �� Vi` v l �4� l—��3 Renton Z 2.Renton iJ , 3. 4. 5. 6. 7. s. 9. 10. FAI a, C��uitr�'✓ !(/[F/w - Renton �J�VICL Vl6Ta�! L� Sa �n� x 3oss /VZ s, ,s� Renton 13/v /f' 1 eo cS 533 6. ex Savuv L7 ✓nu.1. 4. -ZC 23 cv)� J/vj, RentonI 6 I / G�� �(V0� Renton � �/��C/ Renton C'oj'G boebOlt 'l )L 01.�T2 ; ���Sl �C_ fouy�� Renton �25 736�,�j �i'-Z� L Rentont/� (� q QUftW- 1 Lttkt.P/� ��iZGi (�jL (S�- CT Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor 933 M __ AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. L The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with newly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and - b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees timing all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar yew, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they fora an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. I. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof: Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of ]'imitation period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny,. suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® UGC . 933-M sewuoraurw�^`0 We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 t. i tsvw ('xe— l s SS, f�r� /L�E w/j' Renton ao6 ;5157'S57 s( 2. G' fi L�/ht G� �l�fLS� P �S— G�iIC? Renton 3. I Renton 1—cinl (P�-, (i�5 r'�t�} '�, ��G Renton 20ro2Zb.3q(_3 tff Z�f 2? 4. S/O Renton 5. 6. Dr n v l2eu?�t — Renton /— / en,.i%C 6fz eir /� &u / �/ L �% ZCJCo " c�G i - 1 �! Renton dz -919- 983, s. vfham, 2? 0 1 f �dri AV /Vpenton ZU6 773 3 �'2�'�3 9. z s Z (�.45 /4Ve �CT_ Renton z5 7t,-r5y` to. q 5 1 rt3u�-.,e_4 Ave � Renton o53-:Z93-52,35 4-)'(0-a3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they we more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per how. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of thew location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar yew, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional bows of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work bows if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work bows. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work bows, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the. person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorney fees and costs and such legal or equitable relief m 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that me uurelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "How worked within the City" is to be interpreted according to its ordinary meaning, including all bows worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to bows). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton 1 2 6. 7. s. 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® i.Rc p 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature SaMA& '?Iere4 Printed Name Printed Name M [,j0k)(- Street and Number City Phone Number 1234 Anywhere St. Renton 206-555-1234 I!,; tp/� IVE Renton 12-gl w- 0-3) pL P'�— Renton CVJ2 Vw-\ `\C-kc Q Renton �Z5 -5z 3 Renton Renton Email maria@something.org Date 4/10/2023 C 113 � Renton 1p N At (A P'll?S 3 0 .... Renton �. (J (.0�D Zc,It\ � IZ Con 1 R-C�e � vGSC��UVC�f) l�l� � Renton iZS �% � `I�7S �l1Z� 2�� C\O\VA C1 \v\CX�Q'4(��� f h Lb �� ��'��1� �GI Renton 2D I Z�L Ell L-I I�--7 L t �111� , Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide army of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but will now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health Gaze while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action For an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of thew availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers; whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar fors of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that an provision of this chapter has been violated may also be presented p y p p y p s ed action the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance, 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to horns). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Nam, it C vasser Email and P Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® GCC/IBT 933-M 51) We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature SamA& tiaem 1 -FIc�XL.h Csrll 2. �Ck�stfl 1 Printed Name Printed Name S�hr.et�er- Street and Number City Phone Number 1234 Anywhere St. Renton 206-555-1234 (4A(°Y A' e M Renton Fot7 UW C&LR ��So us„on t 1o1_a Renton r Q.er+on �H 9S05a\ 3. VIJI'IfQ�n t ' �� )I`Jo Union awe (�E aqY 06 Renton Gt[1 £� ctncu, rtnnn �A `ISOR� U J I \ Sb j%.w0J L di- l Li - 'A 4. �� (L �ea L am �'lon,� gZcz`j Renton 5. 6. 7. 8- 9. 10. Renton Renton Renton Email maria@something.org `faS-ab y- C)%4 1 rjv 3 113 - L) 27 s-S-�,s- -2I ka2-ef �Da vrs(P Q yv)ai i • CbL-1 Date 4/10/2023 I�COG.� 4F�ct'I ton n /Vl , VV �C�J�� Renton / CG���� ' Y'll�U ��I �iyl ► l'�1 1 VP, 4I-bG� Renton W� Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide away of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified par -time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. I. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the =us] rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter was a motivating factor in the adverse action, unless the employer can prove that the action would have been takenin the absence of such protected activity. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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, Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per notation or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in meant, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code(RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton 1 2. 3. 4. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: Of GCC/IBT 933-M w'.:° We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date .5aotA&'71Me4 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton //�.��/-��ii�7// �hfls����<a('alcr ,Tl JU I'✓I� �t S G1 �Jc7 Jc'_ Renton 5. y t—i 6. 91 a 10. ' --d y u c46U i _ 0\�'l' � ^ Renton no c In 1 f Renton 90 TAD/.i K -zI �, � _J'Aj V7_I � l Renton Renton UG/T y ye�� 1111 Renton Renton C 6 L �V�lt�y / Renton Renton I Ti`f(' I/-�'./• (.(" S-&-uus %0C3"a, 1. CAL, Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction, The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and has, auto sales, hospitality, healthcare, and office workers me well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child cue, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified par -time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July I, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each you thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, me itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar yew will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar yew, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar yew will be calculated based upon the gross revenue for the previous yew. For employers that did not have gross revenue during the previous calendar yew, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they me under joint control by one of those entities or a separate 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 slime common management C. Centralized control of labor relations; and d. Degree of common ownership or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per antrum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in meant, or their job titles or other means of classifying employees differ in ways that me unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter me cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (I) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 par 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Q Date Ca Canvasser Email and Phone A Raising The Minimum Wage In Renton _ INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ®�cccnaT 933-M 4Bg4y�BPABPIM� We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email 5a`0Oroz Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org t 3. A OT 4. d I� 5. SI t �Si �\ Z N,E. �_72 Ne I 4 6. b-a0 be- �r �jcC 3336 ,)E ID i 7 r�J v Renton l r/ ° Renton L\ a's -3043� Renton Renton Renton ��?�I• I� I2. Renton Date 4/10/2023 `-'"�' 2,� N7tCr(� AV kZ 7I/L l7YJ� Renton s. II nn 9. �1�� C..�oJd- t o. Y� �v v Le 2 16D 11 Renton J C96 /o-7(o /7�, Renton 12,6 Z-7 A- J74 A do `JPRenton Z5` Z-7) /0 'V- /s- z 3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. - 1 7- 2- AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the propose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers me well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. L Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the horoly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour, 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terins and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. I. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accme from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clew and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written by which: - l. 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked - within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severabdity. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: FW',� Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sam/z¢e9/otei Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 2. 3. 4._---- 5. 6. 7. 8. ((, a4,... 9. 10. S' ,Ac V6&4� �Gri-r l A -I I u.w, l'qlpI(' St IS3t' ao ( ( �V\ 2,20D 5t s� tiV Renton 4 --I3S-3b23 Renton ;� Ll�3-� q(j5 Renton /A522� Renton /V�//S C Renton $ , ~ " Yi �- V Renton ��G/ i a e a Y L 13S"* PL Renton I �43o <,r—. (0S+1-\ �l (p Ivf" S +-- Renton 9ROV Renton 1 �LS� 9 (4-1 (ti 66� fV S Uv� I '% Renton Warning cp\l vt C' t"' J VVeAA' � ' C DA , Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Eamers 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49,46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 11 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous yew. For etaployers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter•, the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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 adverseaction was taken for a permissible purpose. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per mum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees me similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clew and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers" See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® �cccneT 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org i. G YL 1/j�� ��z��l Z� 1 �0�C�� o � /'-P/ r/C Renton 2. 3. 4. 5. 6. 7 s. 7 Date 4/10/2023 q'110z�? l��� I ��. �f i• S�Gt ����.�1 ��.�\�'� l'� 1 � � ''� � �� � �' Renton CI Renton 1 �IaIZ� C-/ 1 ✓� �� Renton / Renton �/���r� Ghrrt��i� �hw�.v�� �;t� tuwr•(,a r� r✓�. ;��.'zI r� /� � r-) Renton ri^ � Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers me well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they straggle to pay for basic necessities like health cue, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to leam in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (I) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the =us] rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish'the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means. 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per how. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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', the right to bring a civil action for an alleged violation of this chapter, the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work horns, responsibilities, or other material change in the terns and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clew and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King Corry, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of my other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code.(RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license order this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Date Email and Plain Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® 9M.D0 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email S` `/erm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1 v 2. / /, 3. i-, U �v DC^ ICI ` 'I To .W ��- a..a Si ilv3-4r�A �1 Renton JLCL' l(-1L' Renton LI2ZI—T>ggcs l,V(AVIGUh)[ Renton 4. �r� — I "� ��ci�� l/ )�)j. I l.?�� () r Renton L (i�s�//i, &�� 1 Renton do/ `,7 5. 6. �C%�/�'{© � V�-�C- l� Renton K- "Li�-/-_ 7R / 7. �ci S Vl� ( a2-0I �,J S{` ?l �',�r r Z� Renton `o - (qI- s. I ��nr,r� I/_6 f\Lp Renton 9. 10. �1v�o�oG1pt,1 I I a T-) I�d0r- 55 Z Ni 2�lg 9�_ 2T\0 of Renton Renton 0/2023 c( 2°r�23 L, I [ors _ems G L-� -C .0 0Vh � d' G r� 5cfl�i� j 05L(4 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide army of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Framers 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee me in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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 ownershi� or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiving additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and c. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that my provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvassei Dale Canvasser vasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: @iim. er 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Saawl a 1/0ter Printed Name Printed Name Street and Number 1234 Anywhere St. City Phone Number Email Date Renton 206-555-1234 maria@something.org 4/10/2023 �cvhs�c�,iina.:/•Cd" 9. A,'4 v!,iwt✓� HAS Zkar,,i -T44 2-14-- 4F a + k S j Renton 2_o6—C�6 qs- 4/'z-1 1---5 10. Aak/ ' 1 kA bi q 6 NC Renton Lr2-5-731,-3�'q Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. � -Z I-23 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yew thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per how. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terns and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation trader this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. I. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per antrum or the maximum rate permitted under RCW 19,52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ imamount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements o£RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49,46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written by which: I. 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Di Canvasser Email and Ph L Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO The City Council of the City of Renton: ® GCC/IBT 933-M GCCJ: ° We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S '710m Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. 2. 3. 4. 5. 6. 7. 8. I 9. 10. �� I tx` Owls I��uti.2 L ��()�I tiYi lY Renton /� Jib �dL� y �a�i� ��t /� �,��6 Renton Renton Renton Renton Renton z7/P3 03 Renton �/ i 2j/�_3 0 -� 7v_�— -FC �L`�,�,� Renton 7Io0L4AeU'G Renton Renton 412 y�z3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Newby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to team in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Farmers 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar yew, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter, 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but me not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work horns, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that an provision of this chapter p y phas been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047,(2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. -. ... - Name Ds wiser Email and Ph op Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date 540'A& Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 I. =02 boci�) Renton ZC)'-e `1 i', 2Z,) a. - 9? L--' --� Z'Z��� (�— (z-ix Ge ;Renton `-42L 3.wu �z �orCtY,%rt I 0� IHertterey Ave Ne Renton 4�Z�i�Z3 4. �y�' t/�yt/V(.t vG�IN� /V l ' ���j�j �✓IP�N` Ave, Renton �i�b ��� ���3 a i ��` ���� I/� f UtC� 5. 6. l J �j �l� i�+ i1 �r Renton drOf�l>�-/C3 �rr�r�rar L�7��' Renton 3 8. C Renton G� ��l �� Z (Z3 C G� --� - J Zf�Z}IZ7 9. �. �� ' .. I�IC_� / ll0 5 O Renton aoo' c Yv cxs to. ti l� -� c� V, z s 2�<. wv1 G� OSt o Renton L� aS G`� �;= L� �"": 3 a- - Q Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be , guilty of a misdemeanor. ®""B�°' 9a3-M ��. o° AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. I, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized m not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage, Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. I. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation, For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52,020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point timing the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license trader this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the. grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law, Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensue compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® 1. GCCAR sccne 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature SaftA&?/otec t. I /Cr Y�//l ':�c 2. 3. " Printed Name Printed Name (46� Street and Number 1234 Anywhere St. L 3 ­7 (`3?S ids'' 0 r L City Phone Number Renton 206-555-1234 M-TIT .s Renton Renton 4. / ,v� /(�(/p 1�-� V"aRenton Renton l� lP �il� fir= D z-pj )-I i for � � TLcema., �j �fi� �2 - ! Renton 6. 7 Email maria@something.org Date 4/10/2023 -( -2S'Z� '--- gb -a I ZG�z �ul'I l J`>� if c /� KwlYl IC P �cLC �( �i11 GM /tU2J l/� Renton �l U s. CA - a Mc YY-C �)\ie wV�l ()�- N z Renton jz(' (2 3 G �FRenton l0. ��s�� ✓tomvCk��I ��[v�\l �3r���e SL Renton z�(z3 Ll101(0 /0_13 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child one, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee me in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City, 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees timing the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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, 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time wul-a-half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 goverment agency, changing an employee's status to nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibiliti :s, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action trader this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter we cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terns shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a Inge employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject `concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ®933-M IaM[lwlvefPXl� We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature j Printed Name .S %&'r Printed Name WL INSCM 2 U Street and Number 1234 Anywhere St. 1537_ 1JaU;r��1 I� � 16' 5f t 3 NT, 106 fit' /,96o /7r;/ 6. � � �Wr l NowV qL z- ptyA caL o -Nv2 �k 7 10. T)Av(> 2H' /W5V1 �_ S 4 0,),/) /' )r I P City Phone Number Email Date Renton 206-555-1234 maria@something.org 4/10/2023 Renton Renton Renton Renton Renton Renton � . Z7. 2 3 96� Afvvvh5 PJQ_ Ni� Renton <---S"�'xP"tr4s"A"A1'>4 Renton G7L &y (L5 Renton ( /'z 7/2, 3 Renton V/1- 7, Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child cue, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar yew will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, =not gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per am = or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. S. The remedies and penalties provided under this chapter are cumulative and me not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49,46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 RM 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Benton 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® fGCCflB7 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email S400&'?/0ren Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org ��C� SUS Renton � 16 2� 33 �5 G,ii 0V 001 ej 'I Z ,ti"I - coL- S Renton Date 4/10/2023 CT Renton J/,O Z_,'�)JZD tit Y �111�2 c rJ 3 /�S� Renton 1y1 r Y r f ?VI C, "7 C) )r AJF I �J Renton Renton v-w,sa,lr: ,I.e�v" ZT ( Z3 �U C1 \� Tt �Ser� ci 4oa3 N �I`ivt Renton 4{( lit h I (1\1 P! Se C Renton 2-1 jl� AlIL y L- Renton �/ -% d K� 1L�r I. �_s rV"�cs� �Ret}tora •z� )Z� Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. iJ'• AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with newly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate entity. The factors to consider in making this assessment include, but we 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per an aim or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that we unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. I£ an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) yews. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer, "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Car Date Can vasser Email and Phone Nu , Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: p GCC/IBT 933-M °Wc�wuumM"`" We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature SaWA& %ter Printed Name Printed Name Street and Number 1234 Anywhere St. City Phone Number Email Renton 206-555-1234 maria@something.org Date 4/10/2023 lSal Y Sc i l?P -3r Renton i a3 z3 < 2. � ( 1 =� F�IZAhQ� UN-1�N ljUl S� Renton �a3 a3 3. 7 �( U2/llUkW) �ftReij L �%����5 0 5 UjM6 DDi,U °L tki e� Renton 4 ` 2-3 4. �� Gu Cl��a �� So o 8r� Renton 5. 1'al'u Clio<Iyo J � I S- IL/h �/ hti 5�— Renton on ol 7 91 a Renton 1�1Z3 14A(T� (011 Pl r V, I ��/�/I ILI, P Renton 4�— lJvvuvv w'\ V( j✓ lQj �1 Ave(W Renton r Renton -2,1 Renton � <'2 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they straggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to team in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle-Tacoma-Bellewe 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time-and-a-halfor other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but we not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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, Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other fors of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. S. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter For repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rales and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rates and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject `concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvassei Date Canvasser vasser Email and Phone Number: t Raising The Minimum Wage In Renton 1 7 0 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date maria@something.org 4J10/2023 SaMf&Printed Name 1234 Anywhere St. Renton 206-555-1234 °Um ` (�l'i/�j' Bz� ✓�/���i / Renton di ✓Gi� YV �C✓i �J (�d� �¢3 � SY Renton 425-S J3 ' l "A��J� Pal-L �A44_4_� Renton Llzs-(�%� Renton 2S IoSZ Z 3 Z�- Renton till 61AV Renton CrIGJ0 S��/Scucse� G� Renton 9 7o�%D7� 2v�3 S3 131Vl Renton -�41U, `l�Za�'z3 _Q12-i57� fur Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be 833-M guilty of a misdemeanor.® ^yGCCJIBT A AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. I. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction, The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education, Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employeesnot less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous yew. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and c. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participatejointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5.54 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (I) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. An employer bears the burden of proof that the individual is, as amatter of economic reality, in business for oneself rather than dependent upon the alleged employer. "Employer" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large Employer" means all employers that employ more than 500 employees, regardless of where those employees me employed, and all franchisees associated with a franchisor or a network of franchises with franchisees that employ more than 500 employees in aggregate. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Of Canvasser: Date Canvassed: Email and Phone Number: Raising The Minimum Wage In Renton 41e�00 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® ccen'er 933-M +cao+o�nwvnxM" We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Sao,A&'?/area Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4. w V6tJ IC�3 U 5. z"nl5� 7� 6. t 7. Llz H 1:L i� _'_T AV q 10. � Gnu ��3 YAY\ ,DR— Renton Renton Renton Renton Renton Renton Renton Renton Renton Renton A 2 y �76G /h f~ L25g359ID9 RAN'_T)FTe6-�uAJL.La14 ov-5-u-o Date 4/10/2023 4J 1;�3 L JZ 3 /23 q I -3j';�J Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Eamers 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established order Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. I. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terns and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof, Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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 meant of up to twice the unpaid wages; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per aor an or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that an provision of this chapter has been violated may also be resented to the City Attorney, who i P Y P P Y P e Y� o s . hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac 193 Wash. 2d 770, 783, 357 RM 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasse Date Canvasser vasser Email and Phone Number: Raising The Minimum Wage In Renton 1 2. 3. 4. 5. 6. 7 H a INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: o —.N. 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Safe ti� Printed Name Printed Name Street and Number 1234 Anywhere St. l("-w v city - ((Re 1 Phone Number Email 206-555-1234 maria@something.org yzs-zu—�s �s— tt� Tw1 I I UU. Date 4/10/2023 `� 1 13 Z� q'a31a3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide away, of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yew thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar 1$1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current yen. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar yea, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate entity. The factors to consider in making this assessment include, but we not limited to: a. Degree of interrelation between the operations of multiple gr p t ple 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that an provision f i o this chapter has been violated may also be resented t P Y P p y p tithe City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvas Dale Canvassed' 11livasur Email and Phone Number: 1 Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date sao'A&Ivez Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 0':} _� 1373I 1 A5* iR--VE --LEI 5J- Renton Renton Renton-yry s �Y9 Renton Y I i- r� �('i°� 1("cG'Z t✓� cd %O/ Renton Renton �Y0�018 v Je +� �� Renton 1'�l6 fl�i Tl_+- !qP rot (d Oct AU 3r)'ST Renton Renton 10. „� � o if C T L P vv )'S + SS� �� cJn llVe V1. �0, Renton Warning w� -� _i -2 yq,�ss I E W (?/m 2 i /2 6 S12112 Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 11114 ® ^`CCC/18T 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar yew, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current yea. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonablejudgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter, the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. I. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per antrum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a huge employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: ! Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: 1 have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date .54m*` ('m Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1• /�NlYi �u -� (nbD fSis�\ n Renton O.ri��My' U\'Vb)•coyy` �jZS-23 2. 1"X4VAJ I 1 ' tJ M�1� ��/ '1� I`�� I ( �i� �eh d r i l Renton 1/��I ( �Aw U710(j) 3• Renton %��-�OS lei 1 ISGnu Gt .JYw, iLtkcv✓�� Wa�� Ewe S/Z7 23 4. �C i� 21g BJrrLe�pfve Renton 20LA"�5�� �( Gl���, � .GGb�yO?A SJ2%/,Z3 5. Liz 19907 1015f 4V 9E Renton Z- 3--ZPI 6. o5tz,0eVi c, GvL-\N:0'V Renton �~ 7. �D�� JDI�nS7�iV q / �J2 ( I (�� Renton t" 2�o av���� 1 a6� 0��`SaN (� 1 8. V✓n `��J� \b I� Ju Renton �I / 1�'6Z 5�� U9SSI� @i0o.(Pr\ 9 Yv�D if Jam' jqjL S`G Renton ���� 10. " I J V C J1 Renton ✓ z Warning E . Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall guilty of a misdemeanor. be AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July t, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour, 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; , b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access towork sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 Pad 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: 1. 2 Q RaisingThe Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; 1 am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature s ti1�& Printed Name Printed Name Street and Number 1234 Anywhere St. City Phone Number Renton 206-555-1234 Renton Email maria@something.org Date 4/10/2023 C)O�P�S6 SkZa'� Renton 20�07��11`�I Sr�oh�cE l7® ande ern �J�2��z3 — Renton Renton >� l�r�aVllo S' ITV V) ISS+ti �� �'�tand� s �e�e�t5G7I �y�ii.ca�, �3 — , / Pt') e`( . - f (it n /- /l —") O'IM xr A t `"/ 2 c i -, Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1a--�> AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by [Iris chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including employees who worked in full-time employment, part-time employment, joint employment, temporary employment, or through the services of temporary services or staffing agency or similar entity. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have FairAccess to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment, 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an aggrieved party means an employee or other person who suffers tangible or intangible Kann due to an employer or other person's violation of this chapter. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other Forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. S. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rates and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: 1 40 Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Sa00&'?1af0z Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 171M- 10(s' ^5� �E V_ � `5<< ea t 6. 7. �m0 N(4c(_ 5 a P()LY IV4 Renton Z4)6D-810 Renton �12s'-�_'19-`(YTI t�l� Date 4/10/2023 Renton Lj3-7�i-��'�� kd�7�t,�J.0_`�CYJ�C�+ fA{,�— Renton ?U(o'U 5�2 �rtl�I �RWIFJZ��II p�IC— Renton Renton Z OG-1616 Renton zplv-38S- 7Y73 -C'U5Q52���i�u5'� Renton�a �70�� asl� S 6 Renton /z� / 5 z z- 3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. I. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vastmajority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Pbase-In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including employees who worked in full-time employment, part-time employment, joint employment, temporary employment, or through the services of temporary services or staffing agency or similar entity. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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, 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct ropy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date s%/T Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. 'Prz ..)ost 6e-ISSIcc to1C1 M;1. A.,e AIG Renton aofo q%3110� 611f /a 2. /n /`.'...' YI le' E ✓eI CG1 �/c /YC tj.k64 ��J �� Renton V7�6 q/_ZCSv 1 lI Z1 3. /v� v✓ AlZ`1 j � 2 nton G l� o'3 4. G%�������:�����✓J Renton 0 91 .RCS_ Irr � LCA15, Sc t7gt� Sf- Apt- .SL-77 Renton 1S14C_ I130 Renton 6, 11 l lZ 3 v/ �(�(o1i9lGtY� � Renton �3-��-���1 %lCr7li�—YVI��`GUz�t"� iU�fl( f6V �� �� ��✓ti�j�i (t/i Renton 9. �� T� 12��3 ILr3¢r> Avg $ 10. s .�-� Ma' �r i M lOLe Renton Renton G It z.3 111�0Z1rnn� l \ Qgvv('A'Cow Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well m retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide army of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child cue, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTaq Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTaq and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yew thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar yew, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and me not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date saw#ke`/arm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 la�� oz�7� 1. l TJSSer� l�i�D l.LJ��(ze 17�e� Renton %o,b,ol��:���,G� 4000 n,G L� , iZe f , 2. Ci AID Renton b///'?3 3. ' �- z / �j �, �d.. l d 5 Renton 4. —��l 4 '� Renton ��5 ��/ �� if r(1 Z ar 5/ \ C ,��� \ RentonIQ 6. c- Pic - 1 n �IJ� (�( -y J v � Renton /�2� 2/ 76 7. ✓o i 1'33 If 1 �Renton 8. l Ol�'� Renton ��� 9. a S �J�Y �J� Uv Renton 2vJ"7 5- _ to. %1✓ �U�Q�/�IS ���l�a����y� �01� N1�ll- Renton�Q Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with newly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuringthat the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terns and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of my right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19,52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. S. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: RaisingThe Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S ` fm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 .ice _ I� _ L_/ir' I �� i r wil n s. � 6. 7. 8. 9. 10. A.-- I A' D(.o Renton N" Renton � Z 5 3 C e5231' 2il Renton yZ�2�� s7 D0� �3 ` 11 l- Renton i);— A Renton Renton Renton Renton Renton 36o 132- 1p; (2— N*_Renton 7�o- (�-S Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour, 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonablejudgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; the right to informthe 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; the right to bring a civil action for an alleged violation of this chapter', the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the workshe and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participatejointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) yens. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49,46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL Kv The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S`UQaT Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. �— 13r-7`, OlU`J IyZiz ARenton 71Z8785Z3 JlvYJ�V�G w�� �lG1J� 2�(�3� �� ������ �Ovv�fi Renton k�PPeor_C��ri�iG27� �G�wG1l ��i(�Z3 �O/V cttSt {�`15 Renton 4. WV �SaL4V\_I U \tom c �� Renton Z �= 1AtcLi l �� k\ \ lV l� J� �G C Renton 1JN \ Q- l�ll.�l q � ��T �T_ Renton 7. C'V- ��z-v� �v i 156Z6 t56r� l 5 enton �1�5-Z�1 �1�1 M1C%lA,,�( W%114v� �Z& < 5ento_ 1��' ` 351I IVF I I Rento.X)1,)L/1 .3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 3. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges a; defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have FairAccess to Additional Hours. 1. Before hiving additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about thew rights under this chapter, 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of thischapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements ofRMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL _7 TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date sa,UA& flaem Printed Name r l 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 %� �VC Renton 2 �oc� z. C� �(�� /' 7 LT to �,o,�er�i Renton, CrG,� ti� 3. j 4zo: Z4&0 01 4 V2 S. Renton 5 �- 65'� � �P`°t' Gt �ce�\ct Y1i'e k 4. CUB �O�i?fl� Corr G345 i E,F,�+ 0.5 L-Al aFr 93 Renton ��12g,S33-��yy XGan.It'eth.?J.?A Y.�o� �/� f ' � 9. No` S T)C� y\AO�46Y\J 5,00 Nary-op1tv N Renton (425)239-59I9 Vnlf 1/23 10. .10 Renton ��5 ` 0(v Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 4z 3 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue. 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. I£ an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49,46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 RM 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed; Canvasser Email and Phone Number: Raising The Minimum Wage In Renton 1 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: p ccciiaT 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email .$acn &-1/dter Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org V I/rlq' I Hovk( -74 -5 0 11 rtn PL Renton 119 I- Z 71 - 734 6 v 2. -X�'w yywi a 3. 4. 5. 6. 7. s. 9. 10. Renton mo"fv ko Wu.ec4(, Date 4/10/2023 S! VIS 14"L/�, Renton ` 4'z3 Zzh-331� s��MntC����rc4-f�•�OM s-13-Z3 ZL2_q i Renton 05/1' 3 i n ' V I / / �k + . Renton a 1 �6 3� eI1 JG �f Renton C)'-1112 ` 923 Z0 Renton Z�� (/�� �� ((ilk\ (2. +C I ► J3 2' &((Ck I� \�� « C `l I �t llve � Renton r Q-CIr t' 4(-'rJZ) �✓� �� l - "1 ✓ Renton Zv�-'1 OTOAO l �j[ '/) S'GyeW\ P�Vt Y V VV Renton 411S--7JS- q4l' Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer o£jobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees timing all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competemjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point timing the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records m required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor, "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. IN, Name Of Canvasse Date Canvasse< ,asset Email and Phone Number: Raising The Minimum Wage In Renton 1 11 3 4. s INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: p GCC/IBT 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email S `UOre' Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org ?aL'tc� Y 33c�v N � L Renton Pr 4 _7 15 _L4 l � smc 6-y- t' 17&rK0�) oy Renton Renton ZLo Date 4/10/2023 �C)L V n V\ Renton .) / �- I cULQAi L 7� rn�iG�1�FrU +1U�5 �3� �,�/�(/��• �� Renton p� Q S J / 1)MAan ) M%ov, 3S1 r Da q � °1oa� �P�\W �1 - t-3A In nA'\ : A / A. 651 CA Renton Renton Renton V I , `^1Li(�lo`�L�/- v/Y\a" lJ mi Renton 20LC2 W_ 3t I 6ril s,zz 4ftANOA MQLA166 ltlCo 5*, pel-LoUltSkul to -# Wb� I Renton 59�6 21rs •gLi(oy as li31 23 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child cue, and groceries, and they are more likely to be evicted and become homeless. S. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoin[ control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof, Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. I . Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per amnum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claim. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter, 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance, 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3,E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49,46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Dale Canvassed: vasser Email and Phone Nmnber. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® ccciiaT��.uG 933-M IBMC.1WdMYxm"' We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sa`U6r0% Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 t. t�i (gyp, , �CC2 i 133 r Ave rri� Renton 0`i�23 2. /+1�2 - Gulp Renton 3. �� i ct�G'i 9 5 ZC'1\ Renton 4. ( 3" L, Renton 31`r BSS i3ez- S�i3�7 5. Renton A Iq%Vu Mu6. bq i �o6iL Renton 7. Renton 8. �0w� ��%�t�!>✓— - � � �, �a �Yi1lr iCs �v ,� Sv Renton 2 e(� vsS v 3y 6 9. Y 0. I 43a%e I �b UYiI �7� r/u j fl lD'o� Renton ,. �311 �� 1512 N!` r J0f4(L�i✓sr�E I Rentonto. - ��- 1 3'Z-- 3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. I. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar yew will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees timing the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees we similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter we cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49,46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedues to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If my clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. or- Name Of Canvassei Date Canvassed vasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL R TO: The City Council of the City of Renton: ® —cccn'er 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S4WA&'Iyotez Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. L> G410_�_ Renton 0 - -0 9_.. _ e •1�3 2. i Z(:0�! AJ�'(' 1.1 [,� Renton J 10 Z3 s. V�%' ���v o li ZO7 - �cw', w Renton 206 556 IZCi el(e✓ aLc IIO �04' Gvfe NL' Renton b �Vo' cvrc 0 N Renton �11a45 l (tj s. 44 6. ' IY t�I�jb9i1� �I �I�) V \ � V �"V l l Renton p �LS -0`� C5.7 ' j h( &:P_sIypy- all �0s) /� S7 0l 7. �UNZ�fL Renton 8.>cl _; - Renton id v Miles �'c�1-�1 ✓1�L, Q�.� n^l St 5��IIx'mimZ C Renton -> c COyoLA -' 9. Z 10.0 tK I1ot`-. SE Renton Z53 - ��- 14Q i han��JeGv\V-f a 9v�atl Caw Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensuro access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49,46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. L No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered,. scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Canvasser Email and Phone Number: k. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® IE.25 31, 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number city Phone Number Email 5400k,7/oret Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 2. 3. 4. s. 6. 7 (Aad J o laayc�h De- S; t v Q M qq0f 5 !� t'22k) LfV S� Renton Renton Renton Date 4/10/2023 Renton 9ovret'hds a grncr; f •Cz�rn t �� �ZOZ3 Renton 1 h b 1'71) SGti 6 �� �t )� Renton �16 s l `/ Renton 0 s,fn �1�� h'J� 4 9. �o I- 6 Renton Renton � U IV O� jl Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the ammo] average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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. 1 "Wage" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® %EIBT 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date SaHrAFe`(iotec 1234ny-her - 206-555-1234 maria@something.org 4/10/2023rne 1. I �� �1�✓"r9� Renton 3/ 5`/ /fl b S /�V- Vk a',(, C J r'L 2. I C.�'r�'l%'� C.(,C YUi/% 5�� K- �r l/� f�%�- jl:S`� Renton s� 3l 9 3. 0-7 Aq LQ Renton 11 6. a V i {` t' RentonDc l b 17- Renton �X`O/%Z� Renton V\j l� Renton Renton 94 Renton Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fan Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they straggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for thew family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar (M) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected trader this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges ' violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees me similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rates and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rates and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton R INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: p GCC/IBT 933-M .1 .;,�.�,.�.° We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date 5400&116em Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 f• ����1 + ��j� u;tgj /Jlcty lie. IMF I cz < _, Renton 2.A �� Renton 3. Renton 4. 5. X H 10. f� Renton 9z/z 5 L CA 1&, 1A13i -,� 13 e n� Renton Renton Renton Renton Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. a-3 1f3/2 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the Ingest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide army of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child cue, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City.of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. I, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation, 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yew thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Lamers 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate entity. The factors to consider in making this assessment include, but we 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work horns if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per antrum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) yews. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. � Raising The Minimum Wage In Renton (_�b INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® %.E. 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date SaWyi&%ter Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 2 i 3. 4. 5. 6. r ��i �' c2:)2 alb A4 E217. i^ s.��� 17c ccl �U�1SC l 9. !N dVL 10.�� �y l� kA j I T�IAV) a G(AOaJAaV\ iT)d tL 36Z Ilcis irrr Jio'^p,ves6 Renton Renton 65S 0 l <0C! /�'z'G.G� Jrili !'�. �-liG L(ci�/- �c�.�. " lIC/(i.J Renton 25 3_ �� I - DSS7 NI Renton Renton fl-i . /' Renton Renton Renton Ceti Renton A- Jj-1 v-9'y Renton 20(�-AIL-C1yol P obcv oo CLI�Gow-ec(U J h :corq c // k-5/.2?. �1 ram) 9-3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. l . The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child cue, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar (S1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter, Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjmisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensue compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® �cccner 933-M IBMgwdMVNM� We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S ` &T Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 �G�asw �GL l'/0(iL .e 3 avrl�L .�S W�(lititi„s I�-CGS, Renton Renton l 3. (j(i� bfi ,1 %r ��i. Renton Co�- %moo �JU4�( Ord( 1, ZZ. 4. / G��I� '1oil Renton J� V s. �l n✓�� Y� Renton C�0f�-(-,lj�C�7 I G� �� c✓ �! Z >°�h0 r UooS i. Renton .O(o'�%Z-���lo UDSCCc 110 56 6. 1 `ll / 7. bf� Renton % 8. � l�Y4r!/ G,3 i��CIA�p� pl �r11 Renton ?� 77L` 2 �13 9�/ ��v��S�%d 9. r' rSJ> Jty+ t l %z, Imo+ PL di e "�� Renton i 2� 1 1- c 4C 54S-g322 ceh 10. �✓�J�(bl CMG lL�(( 1�� �C����ll (� G•l� �i� Renton J3� SOS(- "�i�J GIIM� �(Ai J�) N01 I Ch" Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar yew will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue timing the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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 it. Degree of common ownership or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter•, 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per antrum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter we cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: vasser Email and Phone Number: , , . ...... - .. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® cccnarw 933-M BWLAWBYYun`" We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S`U0 Printed Name 1234 Anywhere St. _ Renton 1 206-555-1234 maria@something.org 4/10/2023 13 00 Ems ( k�l b5 r�2 5 Of r4 . c� I Y�G# �3 Renton 2. V, 1- 6�5 /I f= on UJ 14 Renton Z 0 q LI V, \D 4\i� 3. Ke �Uv-� Cc\ Y-n11O SW 2(t-v) -�-ov, wA Renton 4. (5}epKywu,` Renton Zvzo e O)vrOV�(,Ce)1 1 n 2 yJ "✓\ j Pr z(0/ /;,d (9-u, S w A Renton Renton I— i eve - Atih T SW W-23 �(41, * Pkavev 3 0 S t6 9S-6 9j,111�a, pV\�W Renton v o 31 1W rc { kc/160 11 1rAy s:,t Renton Renton q-1!?43 I Vl n'N kdSCE" �l�/GJ/i/ / C O kLf Im I'enclA,POrM l.cam ti1i�tla (_ivlk✓n@ ms,gn Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers me well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they me more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Earners and Clerical Workers, tenned CPI-W, for the 12-month period ending in August, provided that the percentage increase shall not be less than zero. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees timing all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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 it. Degree of common ownership or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per am = or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: I. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sa�xrzCe9/orv3 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 I V t Gh �{uS '^' �l L`, r � 0� SE �� l%`i c� Renton ��iG 2. 3. HIV' n(M 4. 5. I ); Wh � Renton rr v r ��G% l�Ci <ffo ,, Renton 4W `Z `y l S� `v 5' ram--' jd i Renton 6. Auc� 415L e-&-A 7. 3 9.� Ge— �jrn L_Cxo� /Y�/''i,1 i y2-55i7 7(99b C�l�� r��ae ®� m�► '( Z-' < - y1 -) -1? 76 j 'Cln Renton SL Renton t � Renton cyc1.t � 1 `r �I �O f 2� `1 �Co1 -0 4 `, 'A Renton 3 r't-/kJ' 14vfl A/ Renton Renton pot 41 1 51111( e-e 1, r"n (-i%ILrl") Warning I �.. Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 4a-3 ®=`:GCC/IBTr. 933-M PPP�LIpyNPiPPII'kP AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the Iargestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTae, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTae, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiving new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July I, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each how worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year, 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter shall be sufficient upon a showing drat an employer or any other person has taken an adverse action against a person and the person's exercise of rights protected in this chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an aggrieved party means an employee or other person who suffers tangible or intangible hamr due to an employer or other person's violation of this chapter. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief, it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this.chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter we cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49,46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "How worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 RM 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: "vasser Email and Phone Number: Raising The Minimum Wage In Renton 1 2. 3 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® �cccnar 933-M We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email S400&9/orac Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org Date 4/10/2023 Renton v, 0e ' Renton 4. 5 Renton Renton S-12 1 123 �• � A�2iRNA 3Rs5� 38 �� NE 5k S Renton ` %J/ 6. (t'�Y" LA h. 8. /�-"�- 9. - fZ"4 10. - J, f r� �U% S � Renton AAI�ell?z 21 !l > r lb q- Renton Renton Renton �G Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. �VI AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, directly or indirectly, the willingness to inform a government employee that the person is not lawfiilly 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue From the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19,52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has =not gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 RM 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. 40 Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 2 3. 4. r 5. 6. 7. 8. 9. 10. IA1-�.o� Me Inny\n TAIvnadge 1581o7 t 32"4' Renton 2-06 12160 ZC 41 1s 1 L Renton Zr.3-32?-(o�,2Zll i�IL{dge Renton 1_1 un(0 q I I � ISb Renton Renton Renton (G I`Z�Lfq�,a-b Ave, �� `T Renton pin St Renton Renton 4fa5'�-1, _7Uz -35 s3 31 q t_P2 Renton �� �oq 7= 1t_11y'/ay Y 9- -Z� 9 d Z�b ` 4M((' AA orby'roac,cl(m Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 2�_ -- ,7(z-3 ®-=:GCCIIBT= 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the,pearby. cities of Tukwila, SeaTac, and Seattle; (2) requiring:mvered employers to offer additional hoursofwork10 qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. " 1. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Earners and Clerical Workers, ratified CPI-W, for the 12-month period ending in August, provided that the percentage increase shall not be less -than zero. 5. 'An employer must pay to its employees: a. All tips and gratuities; and b. Allservice charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee me in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the averagenumber of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. "3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. - 5 There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. T The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violationthis chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve -percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point . during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount; or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter far repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. -- "Other covered"employer" means a covered employer that does not qualify as large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). % "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. - This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12.' Rulemaking. t� Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers" See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later -.than November 7, 2023, the Finance Department mu St establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed; Canvasser Email and Phone Number: iY 2. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sa�s�lrke`(/°t�'c Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 N`�owu Wt ie33 i3 NcH— S p4v#r, Renton aa6 a ���133d C2,���r>ycG�� ► LtII;L�Cib 1 �107 J��c%r� tM�Tf�`� t�/ Renton �%�1/ �f� d 7r �/!• �7...S���P�Lr'x'��yji.$ �� Renton AhJ16> 1 7 f3o SC-:�- P1 Renton (2- _T) 4112- (6 Renton 6. / �drnti���i �r G� IZ&3 I 51- 7U Renton 7. 8. 9. 10. Renton / f (cup c� Ic,w�✓� iZko UYL lJcnSlnt dv4j C\aria CASi41( Renton 1425 -51 k--303(" g P Renton P41`_!VA11✓�v� Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ® -'GCC/IBM 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child cue, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to�qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar you, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue:durii g the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they me underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of ,employment. r 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the+person to a federal, state, or local agency because the person has exercised a right under this chapter. ` } 5. There shall be a rebuttable presumption of unlawful ret5liation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. `, 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party bf up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. ` d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that me unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain alch records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and me not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 atrademark, service mark, trade time, 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. The term, "franchise 'fed' is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or prof'£ from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. .,a , "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintaiftmdequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. ,. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the eventthat the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the application thereof to any employer, employee, or circumstance, is. held t%o�bl a invalid, it shall not affect the validity of the remainder of this ordinance, or the validity of its application to otRer persons or circumstances. Name Of Canvasser: Date Canvassed: ! Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email SaMA& Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org �V�G Wn-�C� � � e�� rn/► 2 � 2(a �� kZ� S� CoL)(uV'\_ Renton Renton Renton Renton Renton Renton Date 4/10/20/23 1 �r "9 5 VISM5 q/ �iA3 oM y/3IV W 44, WA'Lr, K N 2orsT Renton Vt. �_s Renton C BO tAf 14d , Renton J 10. Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 00�- 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuing that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent, 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January l thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and jiiiblish the 1pplicable hourly minimum wage for the following year using the annual rate of inflation, 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. = An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49,46.160 except those that, pursuant to RCW 49.46.1602 are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Pbase-In Period. Othv'JQvered employers shall phase in the new minimum wage, as follows: 1. $d�ge July .12 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective J,,11't�'' •I, 2026, and thereafter, all covered employers shall pay employees not less than the hourly miainSum wBgeCstablished under Section 3. Section 5. Coverage and Employer Classifications. I . Covered employers must pay employees at least the minimum wage established by this chapter for each hour N\ orked within the City. ypp _ l niployer classification for the current calendu year will be calculated based upon the average number of " r pluyees during all weeks in the previous calendar year in which the employer had at least one employee. For eta oyers that did not have any employees during the previous calendar yew, classification will be based upon 11 i rage number of employees during the most recent three months of the current year. In this determination, lo- ees wilt be counted, regardless of their location, and including employees who worked in full-time all din Y art -time 1 ment 'Dint employment,[eta or employment, or throu h the services of a ent eta o 8 ,.,u to ,P P Y ,Jtemporary P Y temporary 9e[11 -s or staffing agency or similar entity. 3. Employer classification for the current calendar yen will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar yen, annual gross revenue will be cala3lated from the gross revenue during the most recent three months of the current year. 4. For the purposes of ei� ^r classification, separate entities will be considered a single employer if they form an integrated enterprise or theY�are underjoint control by one of those entities or a separate entity. The factors to consider in making this assessra nt 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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 thatahe adverse action was taken toy a permissible purpose. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annumor the maximum rate permitted under RCW 19.52.020. ' 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees me similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar form of relief - t e considered i imilar sole) because their seek damages that differ in amount d. Employees shall not dissimilar , Y B or their'ob titles or other means of classifying employees differ i"'wa s that are unrelated to their claims. J ty' BiE Y 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the.worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 afliliate; 2. The operation of the business is substantially associated with a trademark, service mark, trade time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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 enwils. regardless of where those employees "Large Employer" means all employers that employ more than 500 employees,g are employed, and all franchisees associated with a franchisor or a network of anchises with franchisees that employ more than 500 employees in aggregate, "Other covered employer" means a covered employer that does not qualify as a large employer. I "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance shall not be construed tgpreempt, 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. , Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. r Section 15. Election date. In the event that the election on this measure takes place later than November 7 2023, the Finance Department must establish and pub lish th initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton 4*4 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL / / TO: The City Council of the City of Renton: I p 9BcccneT 933-M WCINdM We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email s`U0rer Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1 2. 3. 4. 5. 6. �YIW44iln Ud� 7 8. 9. 10. Renton b -to so--(o SYv V(7* w L t y" 0-0 - CZaj Date 4/10/2023 rj Renton �n.'�-75_�- 3 17a 5 V'jb " f rit e') ✓"c, 1- Cori} 0 I --�' 1 Renton Renton hoND XNnQ�� 7-*4,4 /�S S f�,,�� �q�, �!L}�/ Renton R oyW d LAGUANA pLavwE RS 5 At PUGEI pal 5. a5 5 PU&EI pR Renton Rbtatap NpEa 3OLs Renton w} � aoU Renton ce t-1 vNAV &2 �`?bv y;doe d V, . C -7 1 /AA{ -' -Me 1oZ Renton q/I(6/23 �//e/z2 *j Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. N AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health cue while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer.additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yew thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees timing the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate entity. The factors to consider in making this assessment include, but me 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. I. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of s employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 'I 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per amrum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees we employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee", is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "How worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 Pad 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance we declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. 2.. 3. 4. 5. 6. 7. 8. 9. 10. Raising The Minimum Wage In Renton rn INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature s v6t;n 10 (L-11A, Printed Name Printed Name (� ��risi�r✓��� 1"� zt; 1')0_�'�' Street and Number 1234 Anywhere St. city Renton dd i'1 dArl'(1 rc ! Renton A#,( /.BnKriPFk10_ ' s1° Renton Renton Phone Number 206-555-1234 �►ZS� 2S�s`' 15'/ Email maria@something.org Date 4/10/2023 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 2 � _ ZJ 4:3 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction, The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they we more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to team in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good Faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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 wider this chapter. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per armour or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. S. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The tern, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaldng. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to amorally certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. rName Of Canvasser: '� Date Canvassed: vasser Email and Phone Number: 4111 Raising The Minimum Wage In Renton 1 2 3. 5. a INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email S400& &z Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1)a'( (OF L_ M Renton y6!�" 7Z yv717 Renton Renton Date 4/10/2023 2z z AlAa b bCv, . j.,S_Renton b / Renton 360- 50/- ) ZlIF�lZ3 915 1_�LKe_ A S,On'C Renton 7-O(o-`dZ`1-057L. 7. S UNtr C Renton 8. Renton 9. L{ oS i 2)6-r Renton 2C)L9 LJ�OC7 - C/o lo. 1� io�l Renton 20 z3 tl u t s z i�jz-� z((�Pz/ I -S Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46,160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the homy of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" meahhs an employer that either (1) employs at least 15 employees regardless of where those employees we employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 RM 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: 6- Raising The Minimum Wage In Renton 2. 3. 4. 5. 6. 7. 8. 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Saoo& ?7otu Printed Name Street and Number City Phone Number Printed Name 1234 Anywhere St. Renton 206-555-1234 �14/v 1 ' vt ��� L Renton SQ CA % Z22-cl 54� �u day N.au44fe wA- Renton 40 Date 4/10/2023 Email maria@something.org f"�^ r/ . 6u' Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every Inge employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined wider RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per how. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiving through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter, the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per mum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements o£RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: vWser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signatur¢ Printed Name Street and Number City Phone Number Email sa'swilde# Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1 2. 3. 4. i 5 V_' qy�D 1 0c] / 53TA A b Renton �zS scS v 6./� Sjl tjeAPC �51 S S f'L Renton �f �'S l � / 7 E a � 10. �a.. � 1_W6G"1 y )Cil Renton ll dd jj �J I ,,W 0j U L/,2 Renton I�I� �Z �G(�Ave`>-i �`'Iv Renton ('y1c,St ��un.'7AS G 1 I�I ��/r Renton �eWi,j I clQ Date 4/10/2023 i. /-,,A 2— �ikifl�. n/w&CyPAar{. 61M 13 JccA,nho, Efvve,nClive SV✓14pTQ0f Renton 5-614l-gS-3 7(-17 �Oicr�il�0 bzys��cjl)iw l.re17) r r. T 01P I j;��, r �U is ti � � f� i" �-,�y tit �( h. ��1� •. Renton Renton Renton 2 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous yew. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter, the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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 order this chapter. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work homy when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof, Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorney fees and costs mid 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (I) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written by which: I. 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "How worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c), "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance me declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: � Raising The Minimum Wage In Renton 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature $acicJaQe `Uotac Printed Name Printed Name I�\Pt\\k Street and Number 1234 Anywhere St. Warning City Phone Number Email Renton 206-555-1234 ig maria@something.org Date 4/10/2023 Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent, 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. Ali employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per an cum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for fie purpose of monitoring compliance with the chapter and investigating complaints of noncomplimnce, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees we employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46,010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The temp, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49AE010. Section 11. Other Legal Requirements. This ordinance shall not be construed to preempt, limit, or otherwise affect the applicability of anybther law, regulation, requirement, policy, or standard that provides for greater wages or compensation; and nothing in this ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Date Canvassed: vasser Email and Phone Number: Mfg` t✓eJ G-��.✓ni{ In -.(a � . C3� v'� Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date SaWyr2e` an Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. dA .� t/ et.'l / G t C� � �� C 2. 4. 5. 6. 7. 8. 9. 10. \71� t5U-V SL ( Sf / z - Renton Renton Renton /I P '1 ( r.dl.,,,,n(A\ fulvi /i k n 1 e c_ � ram___ Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. tea_ , AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but me not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been .offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorney fees and costs mid 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per u num or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in meant, or theirjob titles or other means of classifying employees differ in ways that me unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the propose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. S. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to =roally certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: vasser Email and Phone Number: Raising The Minimum Wage In Renton 1 2 3. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date saooee?/otez Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 ZGr A C664t,, S LaU F-OL Co ito s u I C�O � �� ��{ 3�t� 5 � Renton ��u ��6 gvirot C0V4 21i � Z6 cl�S 6yly� Renton �� /ZGS ti 10 L_ Renton L"25-261Q— `t ac�i; Cc� -(� Qim_ccM 2/ 12!� 3 23 4. 5. 6. 7. 8. 9. 10. z ea/E- r Renton Renton N �� 230� �. Glbl CCU Renton -7 Xi) i 2 /n )(DO to pal SZ11 Renton S L nn c 1i00Z Bt Ai N"u- S C Renton �rnu:� / w i a y (Sion o 1�D l lk a I ( Renton �%i� Y �' �CP�\\Cr l�{ ���� `S �, PC �� Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new mid evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers we well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child cue, mid groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent thew ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional Hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined corder RCW 49.46.160 except those that, pursuant to RCW 49.46.160, me itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar yea will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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' S P P , 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer rut employee work hours if the employer would be. required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, directly or indirectly, the willingness to inform a goverument 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 right protected in this chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorney fees and costs mid 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because thew claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance me declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name a Of Canvasser: mAe, 1� Date Canvassed: Cj%T, %i�� vasser Email and Phone Number: ik^O�CI-�<`��„�� t� • C!J^--� '2-4r> Chi 7P71 Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 �-> 1 Renton C 2. 112 '�CCI Vlei� �JL� �QGt v / v Renton 741 'JZl 5L76 Vlt��rZer.vvi(t I cep 3.;C > eA ra.. Csv? iliSP ) ' rn ��gr: —r Renton 3 _ 4. Renton -712.0 111 LT 5-F_� -- -�5. YSe 9D-e r +ryN1 v\J A CIO dS6 Renton 6.„ Renton J 3/ gib'/2 S 7. �3 Sw -'a 8.�� SSA I { p� ry Pr C o� Renton 9. i 11 k6 USSR �� aZU S16 S��ge� Renton 1 h'fi iz e , w �c �1SC 1 10. (N, 7 1 It2 J-2Renton 3/I S 2 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ® s��"BT 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts mound the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to Team in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January t thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46,160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonablejudgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees me similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and c. Seek similar forms of relief. it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in meant, or theirjob titles or other means of classifying employees differ in ways that areuurelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements o£RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. 0 Canvasser Email Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date s `71orm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 2. , i1 4. 5 ir i l%t/iiCbl" P�L'2 EK) a s-e e/vl l,�'-1 5 —1.-✓� � on�r l.� ram/ �' jr'� (72Z4 tit (i 14-t� lJT �-U�'�'b`�/✓lZ6 r%�sa.uGa e���o. �,� t9-?�j���a2z Renton Renton 57 yrjsn Renton c1� Db bGsk j�GS�InJ9f9v) ,��UPN, Renton •a66 r "),A gROS 6. Pawta Aaavr 'I (n 1_S S 2 ofin S! Wc�*he,wA %en0, rr 7. Y�nn` �hk, 22b kk tS i5-L) t� v Q�r+ r6n1 �`�b5 T 8. ��-�. ;�NYC O� y gr w 1 l M l '�"O✓1//T/ f " C 10. � ��L'1�(iY S �/uLeskCtti Renton zaog�u-s�+ac, JrJtt"'F�luCo , Renton t{Z5-L4eA5- 64-A10 �1 Renton ��IU %0-�>Iq - 7s Renton 3 `( GdAhj Ads S # 20" !tea 7%6 7 Renton (2e9eA'04_d&'D6 abar fGS� gn�c+ I.Coui Ca leP ov) 6? q , can, a//8/ a,-3 PALA)a. hnori (ia �rA00-cbr+ 41?a3 Qxi . Ln. m 1• �� 7.oz 3, )91 Z 3 1/r1 / C 5 �- I�•za2j Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide army of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child cue, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuing that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the amoral rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the amoral average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees timing all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for One current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current you. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inferno others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terns and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point dazing the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall pennit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. . 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the proposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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 of errands. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement mid ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Canvasser Emai I Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email 54"0& sate% Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 2. 3. 11 5.yv ( 6. Urt� (")'k '!�Gell/' IN RentonlJ 26,Y ca oA s Av-e �,& Renton 7 )QmLJ5 A Renton (Zjk% �'j zkj 0 - S Renton /yam t't c Wasl ( ob 37 S 23,72 VX Renton y�ZS"7-g6Ll2 Z cSWfa� ��r ve.Co�,.� �� �Ube�'E I"lc�rrdc JSZO( SE �7� PL Renton 3/q- 4 -3(Z% r,5r,2�f 3 ® IVjioO.car) CMI0j t,,,(D\S Date 4/10/2023 512�/23 �23 s�2� 123 6-a3-aoa3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1, Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January I thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following yew using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right [o inform others about their rights under this chapter, 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; [he right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and me not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.01.0. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written by which: I. 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46,010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 Rid 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. - Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: 2. 3. 4. 5. 6. 7. 8. 9. 10. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Sao,i2 vaten Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 5t3a 'V6- yr jb PLL Renton uZs -z cltq - �_1_1_4 NGrL,ty 6NL gQ CTM pT L_ _ c � -\ Date 4/10/2023 G/Zz/e-3 3!) 2 F p e-`a p F- Renton z C—yyti�C� �ewo\�2 V Renton U _ /� f6y7e C�90q _�70 Fi,d PZ. A,1G Renton /�z��Z0z3 \/-� Cto-- b\"0�Z 500-t Nf, '5rL & Renton lY ` NG a` c �L a� Renton I [60 ii 00J(6� s CO o S 2nW 0- Renton - Z 3 - doz} 1�� Renton ��v�(r4w t ��� ,�,Lox,� /7%7 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child cue, and groceries, and they are more likely to be evicted and become homeless. 5, Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (I) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49,46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2, Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($H per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against my person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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, 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other foms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject `concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Saoo& `l0rm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. Renton L.,h In V-C40 V-k 0 3 2-3 �irc rhGm Ai c- MG 2. Renton 3Sa a"� „etc 3 Renton 4. 7SON'ct CJvtJyb`r-- I�f) 6r6'tlha wl 76Wf- l-' Renton 5. 31 � (ZZ/ Z() �� G zZ 23 - ZZ . 23 J� V C&M A I' ba"i��r,)1� 2�I �✓t' ' � v'e- N6 Renton G.LZ.ZS 7. ��, P fcr,7r,�s7G K-Lev K k 10. v �� J, nJ C e-W e o Z'I k �� 2_'' ( C/T Renton S(3V K)5 ' t 5+ Renton 6 . 2t.2,3 & -zz,- a-'3 _1-ZD10-� CCYof &,�-ce, 3Y63 -5140 k)L6 w/1 S Renton j (F_Q0)_Q3 N'f Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers we well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families can insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health cue, child care, and groceries, and they are more likely to be evicted and become homeless. S. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yew thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49,46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July I, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. IV this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are underjoint control by one of those entities or a separate 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 it. Degree of common ownership or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. I. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the workshe and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participatejointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable, if any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: 1 2. 3 40 Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date s�O Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 i �LI�J 7�o �Zo2 Nb 3" NL Renton ��lyL Renton v 4. 5e - Gv IF ckuur� �A 6� C, 50.50() Cbu Szz( iv J> a 'r L LA 50((- k� 3 rd '31 o6t NU 'zt�4 P` 2,Z3 67r&� r,r, A"f. NE Renton Renton Renton Renton Renton Renton Renton Renton z (1 Zj Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ®--6CC,IBT 933-M AN ORDINANCE concerning labor standards for certain employees. Section I. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide away of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following yew using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49,46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July I, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in It proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. S. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require, Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressedemployees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email s"A110&t Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org t 3 4. YM//-' < X / 5. 7.10 IM►' �� 15� I P�Cuy� 6 �l✓ a S50 Uw-o(J T � Ne 9,327 "6 '71 s Renton Renton 3 93 ?8 7,5 oN Vic/ 2 5 ZS S 26'�cZ_ Renton Renton (f000�RIM Renton -I- � b i ((� 2 rIM Date 4/10/2023 DG✓ D A?3 G•-� z3 C- 6116i23 Renton �Z 7f765%y 6/ Renton d - Renton (00'q6 ����C/2/12,3 KrA "0011 X I" M �� =0 I 1 11 ifami =0�1� Renton av(9 r —�o7) Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified. part-time employees before�Ltring new employees to fill those hours; and �3) adopting enforcement requirements. Section 3. Large EmployeF9KShall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, =Vproved by voters i�}November 2022, adjusted for 2024 by the annual rate of inflation. 4y 2*,'.'On 7anuary ]y2025, did on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar you will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, 0 employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year.. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. ate. ! 4. No eggrrpployer or any other person shall communicate to a person exereisigg rights pi'dlected under this chapter, three ly 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. . d y 5. There ilhall be a rebuttable presumption of unlawful retaliation if an employer or anywther person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46,070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 p�" prescribed or suggested in substantial part by the grantor or its affrliatei, 2. The operatiotT 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor of its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to'be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling through the City from a point of origin outside the City to a destination outside the City, with no employment-reiated or commercial stops in the City except for refueling or the employee's personal meals or errands. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance shall not be construed topreempt, 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: 1. 2. 3. , 4. 1 5. 6. 7. 8. 9. 10. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sao va&I/orm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 41,✓ i �� W"4/ 17tlo m Sr Renton Ab mlI 5� 11101eGiiyClq��f111YI�1�' �Y11 05/612023 Renton :*o • 2,Lf �. 7;Wl 66wt��Mrwmt ;ll@�Wc J -cv61 03/1 S/712,3 61a?o i Waning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other. hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Eamers 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, imiuding hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have theskills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relef. 7. The City may, in the exercise of its authority and perfomance of its functions and services, agree by contract or otherwise to participatejointly or in cooperation with Vashington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage citside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of -traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "Tips" means a verifiable sum to be presented by a customer as a gift or gratuity in recognition of some service performed for die customer by the employee receiving the tip. "Wage" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance shall not be construed to preempt, limit, or otherwise affect the applicability of my other law, regulation, requirement, policy, or standard that provides for greater wages or compensation; and nothing in this ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: R Canvasser Email and Phone Number: Raising The Minimum Wage In Renton 1. 2. 3. 4. 5. 6. 7. 8.� 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sa�w&Ce`%trn Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org •; 4/10/20 ' Renton Q v Renton ir1Com � : � ( ZFkc)vr _')C� ._ We.-[ Ker AU ulrSor. y Sr; 19 �,h Renton > 3 37u 5i� Duly I Kc,��tu I . Cr m Cv cj Z.3 Renton 'i f o�3't S f"7 �..( Renton �(� 5�� (7/ .J � '71n � J 0K 41G jr�rllil�m� C, Renton W� �1M ri►'IiI, Y//� Rentont17'tGLnr?e }r1 all c Z' Gmri a CA;z 0(1_�,� kj7ir. -�� Renton Uail'-f��" 1JC enft-ac n) �^h,& L0 -7, Renton K" lit V OJW � `��1 � l� f�� 1r� Renton � � �� Y�PGi(��,t(eS�2 J"' C�� .�` ti, V1123 ' Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar yea will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current yew. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter was a motivating factor in the adverse action, upless the employer can prove that the action would have been taken in the absence of such protected activity. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. I. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49,46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject `concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Of Canvasser: Date Canvassed: Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S ?i6rM Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton �v 2. 3. 4. 5. _ 6. 7. j s. 9. 10. Q) chwr lel "ph��, Telv - 1 cK> I �46a"VIww ('... �je 5®3—�'f3— jtDiZ Renton Renton ��5 53 Renton C _ Renton L7 G�Lt e/S/e-� 5//�C�Se✓� L/,?"�'c(J �oc < ("' 761 >'--/3'., Renton (174k" ) -�c* - 9.59� 6 Renton 2.6 q1't" 34b1, G'1 n r C✓l (' /?,-;�123 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 0 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Loading shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer o£jobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified pan -time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements, Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar you will be calculated based upon the average number of employees during all weeks in the previous calendar yea in which the employer had at least one employee. For employers [hat did not have any employees during the previous calendar yea, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will ,be counted, regardless of their location, and including 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, 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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, charging an employee's status to nonemployee, decreasing or declining to provide additional work hoes when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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, Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; slid c. Seek similar forms of relief. it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours. worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46,010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v, City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hoes). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Finvasser Email and Phone Number: Raising The Minimum Wage In Rento INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton 2.y1 ,i �` - I Iv ���< < C Renton Renton 3. 4.5. A D!4/14�K 2 L.4" 1530� S� ISs rh Unit# Renton P200 VC, Renton (a q y 7. (//(i V Znnvf �0� Dovedil N& a 7 10. , Z66-934-969® mrbeYer�3�9r✓la;�,co✓vI �3-io-2�23 Renton 7 0b_ � �L f /�U r �Gt�rr�y �/ �l �'� � �2G(i %. � G�� (�%z.3 �?� z✓3 Renton �6- io3 sG=Sti h+enl28605rnc? Renton Renton ��-s�`S�_ iS'� ✓+na�;�@��wA�,.�,� � �- h < p O�n,J-J �A AA LL) r ,L, L;i')aw� h ry., i � �01 SX Lnd Sl Renton LI Le) -fcf/ bS76 nj yfiljue'9651� Ytn al,iJsrn (0) 231 23 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ft AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January I, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phrase in the new minimum wage, as follows: I. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees timing the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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 it. Degree of common ownership or financial control over the entities. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020, 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature s v� 1. 2. . 0.l ) Cdt Z Printed Name Printed Name 3. Aovvd V2? LGP . f Wl/1 (`]fiiil Cam[ Gf 4. Ua Street and Number City Phone Number 1234 Anywhere St. Renton 206-555-1234 12�-Zb S� Its I S+ f L Renton( 1 ] g 71`-( 2-z2a Se' /b 1 P- lot,, 2241 s5 nton ) Zg(,-77£'72( Rento /�/ i4 L, FL Renton Email maria@something.org ,2G6 767 03CT S10 � hna Date 4/10/2023 511912-3 117/i9/z3 V 11z 7�c-7 1 03 %' Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($I) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are rderjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19,52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other fors of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010, 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash, 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: RaisingThe Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date S`UOre4 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. n 5. 6. 7. 8. 9. a- 10. N.P. W-1 I 7 V/Y (G5 7 yGS� (-V) C, (�o�o uc,f� -k« yl� 53 �Q"Av- U Dli q60� DUB z t-,-( S4� , I t N C- Z`�' s Renton Renton Renton i Renton Renton ;jZ QO� Renton Renton 206 - �2— z9oc) GF(�' 0 ►7 'ElIz"5 /�3 A0-f-0L" ) C? ((Ve .C_(- /- , g2-3(Z3 Renton 706 9 12 `1���t� /\JQu7 (,-�'S�'- � T-a4 3 li n Renton Renton t ,,, 6 /a3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonablejudgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time-and-a-halfor other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment, 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date SaaxtzQePrinted Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton .GL)a'.(:,cN ' cO"V\ �olZ3i 2' �//_��� ` =�,itwlkvI 7`7 CJ Renton Renton _ / (� q I ¢� c � 1G� 1 4. ���,•c DC�htej 4 , Cz\rpeh4c'r f (,2f Ll �� 1r �� Renton ` ✓ Renton �w ltC7�/ts S'� ,,4 I'vkt�- -L ,A Sop - ? Pv - �3 3 y Renton �Ja f ` Renton �(_azwo ' Renton �— Renton Renton (:)Z-3,Z3 231. C-layZ--� Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 0 --tiGCG/IBTr.- 933-M AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bus, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. I. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees timing all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke. any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The tern, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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 Brands. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject `concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Canvasser Lmail and Phone Number: 1. 2. 3. 4. 5. 6. 7. s. 9. 10. 40 Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date s`Il°rm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 0 00 Renton Renton Renton Renton Lrs�.--CTI��� U �Kt7Vl ti C 2b 3 KJ [�GiiVU 1"Al 2001 NE 21'h 5-� Renton �j�Z(p/23 Y �Av Renton MA,lY) Renton i �l.a� Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. I. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar you, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and c. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the application thereof to any employer, employee, or circumstance, is held to be invalid, it shall not affect the validity of remainder of this ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed:. Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date sa"*%e n Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. K''� /O"' j NI, q, _,�!/07 .+ Ar� Renton 2. _i, � Renton 0 Wr Wr 2-� 5tt/ 4q '/5_/iU` ��� G�((c-, gg(_)2 S ) 4 " Jes s j c&) TI' i 2223 J�enSoh P'b S Xa00 V/ , Renton Renton (,QO& 33-6117� Renton Renton Renton en�2 to� r_ Renton -5�`6 N-R 9805526�4aS33S3 Renton COAkA arrnaa I rom L% Sa Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be , guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. I. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue Area Consumer Price Index for Urban Wage Earners and Clerical Workers, tensed CPI-W, for the 12-month period ending in August, provided that the percentage increase shall not be less than zero. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter•, 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8.Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million, "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In -Renton 2. 3. 4. S. 6. 7. 8. 0 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sa�ul�ke`U°t� Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Sl Z,� A# 6:L 2! Renton / C c 12� v> V1 0�' ����J r� Renton 1� �e �� Renton �/ r,LUreS 1 L Yoh , L( L A5 ltiLc qj h�trq uuA1 Zo7- Renton q0S (QS16'��t35 t—I l as.meicw,�n Tfl/ 1 Renton C7�. c 1'" —1 z� f �l1n�u✓ �✓/ ( � l'�Q l.l�U� ✓U u� vI Renton Renton / Renton 0 yrvcf'%l ,C v � I 5� r INI IL(V i/(- Aq e /IMF 3N Renton bd k.hN�A5ne�i 4%Vrr uIeVIz—n. to. �"IeyA Nf Renton JLISPR><t�JD ®bull lOtij ��291Z3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ® �_cceiisr�,a 933.M aeMcwuuvaM+'O AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with newly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families can insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each yea thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they me underjoint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable allomey 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per arum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that me unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clew and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Canvasser Email and Phone Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email saoroee`(lmm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org I s'y 2. 3. 4. 5. 7. (Ii X,1491 �7'� lIWIMA OQ r/ 77 &Lj Fb%wy-kE ke psn< �j � �5 0 W fr 5 QuDG 13 ui C�lC_i('7 /�ew /� LiNll�>A S,. M IL'E5zL 11,4-111 Pl SG Vp \T oz N 60 11\ Rcntnn Renton Renton Renton Date 4/10/2023 Zy/ ?.3 OWZ- L'� obi z'�/z3 4V 1r7 �-c0-0 W� Renton �, rc0 262w C !'Y�Mly� S . Renton 17awj Pi-. S C, Renton Renton 1 f 355 Renton N123 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business. sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they me more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3, By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiving through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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 meant of up to twice the unpaid wages; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigateand, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (I) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The tern, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "Tips" means averifiable 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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt tales and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject `concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: 1 2. t�' 5. 7 a 10. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number city Phone Number Email 5 '?I6t'L Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org (� C1S 1�0�,fla,rf 5(50 IU r I,k C�" Renton Las —306 -) o �y Date 4/10/2023 _3 C' 1n 1% �Ir t o. �L l�[(1� � Renton �O � I 1-337o 50,21�,? 61 rat cx�`�'k } ?—Q V C Cat I) 7(_ " Ave Renton g0C1 _ C/;'q _S L/L/.2 9 Renton �v C, J 7 C. 0 5 �l E�d05 le Vcq((e� � � Renton ���G-' 5e2 V, ( S GuJL NC Renton 14 st INv 32S ev� " ��tOhWl At6v'- ft__ Renton (Ao6)3 (,4 � Renton Renton zn -7I-tI N 413 0 7 _?2 OeO 3 �1Zy�Z3 Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largest job centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective. July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section S. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdicfion against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or their job titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter, If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rainmaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 RM 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date, Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If my clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sa�rs/iFe`Uatac Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 2. v e bS 3. l l Vl_I g, 1 / O� `�V G� v x 4. s. 6. rf�L2l Lt or r 7. u o 8. �U V iZ ass 6a 10. r 2qD K -C) T IC-11'a�J R,To rJ - - L 2 347—aWl/a c �18 /6 z1ok Srti S0^sc-- R t-VD �V'C't KG Renton 2o(e XZ2 �ZZ� �(ytw`� ow oi°�Ii�2ti Renton 2IV-tovet—!�LI `MJ �C �1VV rW 0b/i(!Z Renton oz- 06/ 1112, Renton Z' Renton 7MJ Renton (��Z��Z3 Renton /-iz V'v�1C' 0(Ite Renton `t M L4�- Renton �% t �iyl'�' `` il�l�� �✓� i'C�����`ft0� `� yJy` i Renton Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. L The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. 5. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July I, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current year. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous year. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter; 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competentjurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees we similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49,46.070, as well as such information as the City may require to confirm compliance with this chapter. I£ an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance. "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject "concerns labor standards for certain employers." See Filo Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: Raising The Minimum Wage In Renton J INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: We, the undersigned registered voters of the City of Renton, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows: ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Renton, State of Washington; and my residence is correctly stated. Signature Printed Name Street and Number City Phone Number Email Date Sa�c�iCe`U°t�`c Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 i= ;.�„ l / �� �'"�' � Renton 2. -, i 3. W 4. IG q 2-i- 1(4 )0 I-10 St CO IZ; Se 3'V Pi �e,;}r� taJ/+ 9a6S1 Renton Renton Renton Z469, -'!� ()-� -U Irat ". r /r 1 z3 6 /// /e? gl S'C SArr�U� Renton Renton-��/c�S� Warning Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seek- ing an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ® -`CC118T, 933-M : AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. I. The people of the City of Renton hereby adopt this citizen initiative addressing labor standards for certain employees, for the purpose of ensuring that, to the extent reasonably practicable, people employed in Renton have good wages and access to sufficient hours of work. 2. The City of Renton is one of the largestjob centers in Washington State, with thousands of shoppers and workers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the historic Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Rainier/Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a wide may of both long established and new and evolving business sectors. Retail businesses, restaurants and bars, auto sales, hospitality, healthcare, and office workers are well represented. 3. The statewide minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the National Low Income Housing Coalition's Out of Reach 2022 report, a worker making Washington's minimum wage would have to work 72 hours each week (up from 70 hours each week in 2021) to afford a modest one -bedroom rental home at Fair Market Rent. 4. When working families earn insufficient income due to low wages and involuntary under -employment, they struggle to pay for basic necessities like health care, child care, and groceries, and they are more likely to be evicted and become homeless. S. Nearby King County cities of SeaTac, Seattle, and Tukwila enacted higher minimum wages in 2013, 2014, and 2022 respectively, but until now Renton has not followed suit. 6. Children growing up in poverty experience insecurity with housing, nutrition, and health care while enduring other hardships that prevent their ability to learn in school. Full time working parents must be able to reasonably provide for their family to ensure access to the opportunities and promise of public education. Section 2. Intent. It is the intent of the people to establish fair labor standards and protect the rights of workers by: (1) ensuring that the vast majority of employees in the City of Renton receive a minimum wage comparable to employees in the nearby cities of Tukwila, SeaTac, and Seattle; (2) requiring covered employers to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours; and (3) adopting enforcement requirements. Section 3. Large Employers Shall Pay Minimum Wages Comparable to Those in Nearby Cities. 1. Effective July 1, 2024, every large employer shall pay to each employee an hourly wage of not less than the 2023 new minimum wage rate in the City of Tukwila, established by City of Tukwila Initiative Measure No. 1, approved by voters in November 2022, adjusted for 2024 by the annual rate of inflation. 2. On January 1, 2025, and on each January 1 thereafter, the hourly minimum wage shall increase by the annual rate of inflation to maintain employee purchasing power. 3. By December 31, 2023, and by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable hourly minimum wage for the following year using the annual rate of inflation. 4. For purposes of this chapter, the annual rate of inflation means 100 percent of the annual average growth rate of the bi-monthly Seattle -Tacoma -Bellevue 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. 5. An employer must pay to its employees: a. All tips and gratuities; and b. All service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. Section 4. Other Covered Employers Shall Have a Multiyear Phase -In Period. Other covered employers shall phase in the new minimum wage, as follows: 1. Effective July 1, 2024, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus Two Dollars ($2) per hour. 2. Effective July 1, 2625, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2026, and thereafter, all covered employers shall pay employees not less than the hourly minimum wage established under Section 3. Section 5. Coverage and Employer Classifications. 1. Covered employers must pay employees at least the minimum wage established by this chapter for each hour worked within the City. 2. Employer classification for the current calendar year will be calculated based upon the average number of employees during all weeks in the previous calendar year in which the employer had at least one employee. For employers that did not have any employees during the previous calendar year, classification will be based upon the average number of employees during the most recent three months of the current yea. In this determination, all employees will be counted, regardless of their location, and including 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. 3. Employer classification for the current calendar year will be calculated based upon the gross revenue for the previous yew. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue during the most recent three months of the current year. 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they are under joint control by one of those entities or a separate 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. Section 6. Part -Time Employees Shall Have Fair Access to Additional Hours. 1. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a reasonable, transparent, and nondiscriminatory process to distribute the hours of work among those existing employees. 2. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time -and -a -half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours. Section 7. Retaliation Prohibited. 1. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. 2. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter. Such rights include but are not limited to the right to make inquiries about the rights protected under this chapter; the right to inform others about their rights under this chapter; 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; the right to bring a civil action for an alleged violation of this chapter; the right to testify in a proceeding under or related to this chapter, 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. 3. For the purposes of this section, an adverse action means denying ajob 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 nonemployee, decreasing or declining to provide additional work hours when they otherwise would have been offered, scheduling an employee for hours outside of their availability, or otherwise discriminating against any person for any reason prohibited by this chapter. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and conditions of employment. 4. No employer or any other person shall communicate to a person exercising rights protected under this chapter, 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 the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter. 5. There shall be a rebuttable presumption of unlawful retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of any right protected in this chapter. However, in the one 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. 6. Standard of Proof. Proof of retaliation under this chapter 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 chapter 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. 7. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. Section 8. Enforcement. 1. Any person or class of persons that suffers financial injury as a result of a violation of this chapter or is the subject of prohibited retaliation under this chapter, or any other individual or entity acting on their behalf, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall 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; compensatory damages; and a penalty payable to any aggrieved party of up to $5,000 if the aggrieved party was subject to prohibited retaliation. For the purposes of this section, an 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. Interest shall accrue from the date the unpaid wages were first due at the higher of twelve percent per annum or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring an action under this section, two or more employees are similarly situated if they: a. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period; b. Allege one or more violations that raise similar questions as to liability; and C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theirjob titles or other means of classifying employees differ in ways that are unrelated to their claims. 3. Each covered employer shall retain records as required by RCW 49.46.070, as well as such information as the City may require to confirm compliance with this chapter. If an employer fails to retain such records, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this chapter for the periods and for each employee for whom records were not retained. 4. Employers shall permit authorized City representatives access to work sites and relevant records for the purpose of monitoring compliance with the chapter and investigating complaints of noncompliance, including production for inspection and copying of employment records. The City may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant records. 5. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. 6. The City has the authority to issue administrative citations and to order injunctive relief including reinstatement, restitution, payment of back wages, or other forms of relief. 7. The City may, in the exercise of its authority and performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with Washington State, King County, or any city, town, or other incorporated place, or subdivision thereof, or engage outside counsel, to enforce this chapter. 8. The remedies and penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, including existing remedies for enforcement of Renton Municipal Code chapters. 9. The statute of limitations for any enforcement action shall be five (5) years. Section 9. A new section is added to Renton Municipal Code (RMC) Section 5-5-4 as follows: 1. The Finance Director may deny, suspend, or revoke any license under this chapter for violation of this ordinance. 2. The Finance Director must deny, suspend, or revoke any license under this chapter for repeated intentional violations of this ordinance. 3. Any action by the Finance Director under this section shall be subject to the procedures and requirements of RMC subsection 5-5-3.E, as well as other due process rights that a court may require. Section 10. Definitions. For the purposes of this chapter, the following terns shall have the following meanings: "City" means the City of Renton. "Covered employer" means an employer that either (1) employs at least 15 employees regardless of where those employees are employed, or (2) has annual gross revenue over $2 million. "Effective date" is the effective date of this ordinance.' "Employee" is defined as set forth in RCW 49.46.010. 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" is defined as set forth in RCW 49.46.010. "Employer classification" includes the determination of whether an employer is a covered employer and whether a covered employer is a large employer. "Franchise" means an agreement, express or implied, oral or written 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 time, 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. The term, "franchise fee" is meant to be construed broadly to include any instance in which the grantor or its affiliate derives income or profit from a person who enters into a franchise agreement with the grantor. "Hour worked within the City" is to be interpreted according to its ordinary meaning, including all hours worked within the geographic boundaries of the City, excluding time spent in the City solely for the purpose of traveling 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. "Large 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. "Other covered employer" means a covered employer that does not qualify as a large employer. "Service charge" is defined as set forth in RCW 49.46.160(2)(c). "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" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance 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 ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Section 12. Rulemaking. Within 180 days after the effective date, the City shall adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City shall seek feedback from worker organizations and covered employers before finalizing the rules and procedures. Section 13. Constitutional Subject. For constitutional purposes, this measure's subject `concerns labor standards for certain employers." See File Foods, LLC v. City of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015) (upholding this statement of subject for an initiative that set a minimum wage and addressed employees' access to hours). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section 15. Election date. In the event that the election on this measure takes place later than November 7, 2023, the Finance Department must establish and publish the initial minimum wage within 30 days of the effective date. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, 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 ordinance, or the validity of its application to other persons or circumstances. Date Canvassed: Email and Phone Number: