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HomeMy WebLinkAboutBatch 013Raising Tne Minimum wage in Renton CITY OF RENTON INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: AUG 31 2023 EIVED 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 ru� rzons 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, b mi ed 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. I 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�ulzCe`(iot�n Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. 2 3. s. 6. 8. CM 10. _�2231- (1)%�15 -L5� "c7f�"KY 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 - I - h h h h h h I I t t;t' ' th d k h e t lif; t h f l t t m nt shall he Z-3 2 _� mg an e ecilon w en e or s e is not a ega vo er, or signs a pe l ion w en e or s e is o erwlse no qua l le o sign, or w o ma es ereln any a se sae , guilty of a misdemeanor. ® -,G,CC z 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 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 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 Enters 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 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 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 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 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. 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 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 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 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 (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 meantto 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 Y. 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: \ly/k, r tr? Z �•1a1�' 4 (" G Date Canvassed: nail and Phone Number.{^ ai_XStSG0.� Raising The Minimum Wage In Renton 1 3. 4. s. 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 i City Phone Number Email Date SarzFz`Uotvr Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton Renton (� 02�v�+C ��,�b �/�j �Renton /D TP.Y S� Renton Renton Renton Renton Renton Renton 2 xs-53o 1}-14 G'�/U�IZ� 67 - 4 %4 2--1-- G 7/6z7Z-3 �-- G'7/ate iZ3 Qt1IS Renton G 7 / o 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. oZ/2 ®GCC/IBTy- 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 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 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 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($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, must 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 my 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 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 joinfly 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 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: 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 vea Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org i 2. �� G 3. r(\1`sl\ (; cz_✓-cs tQ5p1�\n�cct �l PA4 e "� Y(./ MDVK ierT!7 PV N t 4. /�/�l� C�� J//U �v.UBtl U ) y 5 z h 5 Renton Renton Renton Date 4/10/2023 Z5 �yG 7`L-- (� Renton Z5-_� � O('-zq-�3 l� �c 19 jl � � s7�! Renton 1 rl41 A / I Lo S L-. Renton 7 /2 1�32t 2o6cIZ� ti 1?-L4 6YU IV oolocf Renton 17311 11 l ane S Renton 7v,vl'`I r Renton Z ��%/ ?� Z � 1 Renton2� 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 has, 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 ($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. 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; In 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 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 .OfCanvasser: �j�2�(',�.t]� �y7 Date Canvassed: Zi/�� J '� 07 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 S `?/mm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Q& Renton 2. ` SFJ�T r1 /A) A, w046- I 3y/ I Z i3r C.A, tE Z 2 `l z 3. � � 33� \ Z-� S'c �N o V A Tb /-cn 4. , d �203l 5. � " 6.. — — E 10. WZ 5�¢ I u Renton ( 2��') y 9S /239 f3SQ,., ,,. 0GJl-- c4 6e` , car? 7� Renton Renton Renton Renton 14 ( I I �e cle /(% /-p `�lk Renton `7/Z /Z3 7/2/c/�3 Rzf (: Sor6ic'q ICJ asoN- (Z(eOu SC tKg4-' JD1. Renton L4Z5 S1-1-�s7� 7 12 /23 x/���1^ti"�( Renton )Litt 4r('Gn 4vt. Renton DSO. 660 -- C1$a5 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. 7i21,2 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 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 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 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 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 pion 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 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: B 94 lam ot- I Date Canvassed: ?_oZ`J �0-c� Canvasser Email and Phone Number: t 1 05 Raising Tne 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: ® 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 s 11O( Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 z/_ , I k;� ce%e. :,r_oACA.E KIMuTAI l cneoje Renton � UZI(o ll �jgo� Renton j t CIS Renton /Z I IS rh 0� i� l�3 >>I I2znd i_c) SC eggs .._ Renton h33i 1Z7..n� Ln Renton / Z5 I 1 11�-.`�1l101✓� �23 �.2}dhfi� ��'S5 Renton Renton C' �4I I\�C Renton Renton (� Io� J Renton F7 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 Stale, 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 hows 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 homs; 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 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 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 yen. For employers that did not have gross revenue during the previous calendar year, annual gross revenue will be calculated from the gross revenue dwing 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 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 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 my 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 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 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: 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 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 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: vasser Email and Phone Number: 2CZ"�-(�'Y7 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 Same Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1.-5� �lL ` t�� �( vi f Ll;, !.S, Renton Z:C�k `{ 3-L311 L/�cfho22i j / 9 2. "` I �_, l�oa���Q� Renton 9�75`�Kq-I�®C� _ 3. l/ QY I �� V06' SG s"� Renton 2 3 4. / " 16kP(4-i r�Y �OW 6� Renton 'L� '� j G, GI (��J �/1 —Z —2 7)AA Renton cvA 8oss— Renton m�1�•�Y271 uRenton 7. hi s. -�J� r �wvl l� ���� 1J�c ��.� ���s Rentonbtn 1 I O Q 9. �� ;, — �; ��I u`/ tip/ t0 w S Y �� r� S i Renton 7-Z 10 za4—i3KU4L f S7D�� S-� 1 r L 1(�(�vl Renton k7� G 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 ° „Q ..�, 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 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 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 increaseby 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) 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 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 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 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 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. ame'OfCahvasser:""- . ..?.... / .` :. ,. ', ,..,•, . 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 .5affVde`?10een Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton -FZZ 2 Leo 7 ` �- 23 2. C� Renton 3. Renton �` �� �� 4. I �' 1 �� ? Renton �� _ ZS� lb — pt Renton µL5 Renton 6.l �� �,�, roe L�wr. << 7. IC J 7 Renton l U 3 �7U�/ l DVf Renton D/ 2 �3 9. �� , 2 2 �� Renton 2—! 2� t . C� T ►� d 'r bnLc Renton bb 1;r OCZ �(�5 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 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, 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($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. 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 infomn 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 thischapter 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 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. Anew 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: gZ_5 - M -7- ld Z; 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 saot/zC'ePrinted Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 7-2-23 1. L/0��1% /l9/"7 5.� . 1 �CT� p/,Renton 612,5-e//i'7777 YIZ&=(JWOOrit2Cd&--7WA,it.Gy,.44 2. �— �fanU�Ga lv �i�(cSi� �� ii / Jk ���i� �T Renton 2ir%�` l� �/��r`7�Inar�nl�L� U ��dk OUN't ?/Z �Z3 3. Ia C9` ol�� 111;1 Renton % 117JR aZe�S-� w-cc )Xr-76) is -?-%Z-% II , , J ffII SC �lo� c l 5 } a� 0 4.S Renton (25���� 37 OsJ��GL�L9 n!`V�SS (� mc),l I .Ci�1 -7 Renton \ ti s. 6. l �U��� �C l li' Renton ZC�p (_ �� W Ili GVKS 7. ✓ l/ ,/ (/ ' J l% l l Renton % 8. N( (( q 600 1 C(-13G SCE Crt,tf(G J Renton 9. (r/V7 � �{ 15 S� -ti-) h Renton 10. 1­1 / 31 N-LvA Renton, C Warning NOW 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����� 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 toeach 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, we itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee we 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 yen 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 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: 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. •Narne Of Canvasser Q -v Date Canvassed: 2cyt7-�z .. f Canvasser Email and Phone Number: \nl c-,d e (I Se 6�, (il /Y\4' i"L_LM-5-2 3 G3 Raising The Minimum Wage In Renton 1 Ili 3. Q 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 s'?1°&T Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org v 3 C �»xc r) 16713 11211) SE - ie_ lnn Ili CM Renton —3,s 7{ { 0" C'P I /.3 1Z%'_'.' Ave 5C Renton ZZY-SY(- — )3q,7 �s2se Date 4/10/2023 4/'Z'1/Z P Renton �� [G60Z t2t- Av�_o <5c—T— Renton 35:� `9�cc Yh�f�cLrz_p. r 8. 10. Renton 6 883 Og63 ��K1y�lrii"tV ri ��23 ��%�'IP1il cosh Renton F-93-07 S (MSvu)`l (%?Zt /ZIAve sf Renton �Z��tvC�uB� " 11'VC.Cv� ((�G5 5� Renton Renton Renton C� %l0r�aS� es7z�.,; •C64-� � asp 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_Z8_2 b-?8' 3 6"�6 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 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 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 hares 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. "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 54,uA& ti 1. 2. .Y 3. 4. 1 5. 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 ) Renton _ _ gym,/ ti 1�I Sr GAS I Renton Cad S- 51_ SG S i' cloo ct A 2 — �" Renton (� (2_G5 e�D�i �v/]I 31SI1 r�rt�r S�- Renton 1 /f `rl111)(An �i 11 SE \ FLI Renton Renton �� � 5 S Jr> ✓� �� Z6/s SC St, Renton %G 7' 713 3o3 /Lj 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 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 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 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. Thissection 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 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. 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 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 SaxcjzCe�/orn� Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 os_-?3 S_ Renton/�')J�� c�l�.& D6b (;) �2�?;� z. )0A050n /09zo SC /GIs` Sf 9�Dss Renton 09 2 SuC1 C7 '1bc� c�7C Ii�JT j �T �n�n Renton 4.i G U Q F fir( S i w Renton 5.AVU� 1!U j C 1b51c1 l�l h V i Renton ��`� )j�� 5�(� 1O k Ll 2✓ �. � I��o Lk� �u �� C3LJ�� ov Renton 7. Vim^ %�( n �t Renton s. - rAo1G 13 e In�S 33 Z5rvF C11V`5-I �-ei?/00 /� Renton (53-331 GGU Coif/I 9. (,(�! tw Jt ' /�I 2�02 \3 �g g0 Renton _ �2 i✓� �� 5� 10. Y 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. 9"" 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. 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. 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 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 horns 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 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 order 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 Canvassei Date Canvasser Cnvaccer Fmnit and Phnne Numher 1. 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 Date 5%U m Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 lylql?m� V1 R SE - ir-�34lt� � Z2d Renton Renton Renton Wl��3�_ Renton Renton (4�z3/�_) I 6�? Renton Kn3D3 Nc Z) rNk E+ 14661 Nf4 -( A4031 NE 7-N 0 CT Renton � G Jul S lQ G I� Renton 141 z3 kl�h �AS� (32<; 20 -tk Renton J �'Q d k)CkO4,Lt 7Z l 2-�3 Renton ��`l�%\�U �/� / 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. 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 irkers visiting daily to participate in the local economy. Renton is home to The Landing shopping center, the hte uric Downtown Urban Center, as well as retail and commercial office and warehouse districts around the Raini /Grady Way Junction. The City is a net importer ofjobs, with nearly 60,000 employed workers. Renton has a de array of both long established and new and evolving business sectors. Retail businesses, restaurants and bars. into sales, hospitality, healthcare, and office workers are well represented. 3. The state. ie minimum wage is not sufficient to afford rising rents and costs of living in Renton. According to the Nation: - 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 worbZmg 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. Neart,y 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 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 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. Ali sections of this ordinance except section 9 shall be codified ima 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. 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 Sa�c�ke`Uoten Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton Renton w Renton jc-) Ell Renton I9Sp���-�9 `Z(ol� 2ter/ �Co Z ci c�, / R b c �nll G ZJ Renton -�bZ 3�3� �1« innI CE MN Cql l/Z�-1 ° . S2E C'--50;" ) � Renton 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. ®s=`�"eT" 9"-" 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 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 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 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 feed¢ack 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 sam#&-l/aaz Printed Name 1234 Anywhere St. I I ,RReenton� 206-555-1234 ��' 6 L, 'R �n� n D 2. litL�'( ✓D�tH �r���c�v, (C736 SC Renton 7t-22.l 0Z77 Lary Moyer 3. ✓ ! d i b�� �S Renton G 4. f �'� �v;n���;1i� I ZZIa �� �4aw V * Renton Z40 35,6 6. 7. s. 9. 10. Renton � 19MV� Renton I�2/ns� �efrall;�s�y L7 LAN-\Vcl S j®r t?_- Z> S2 Qt_\jYov _c l a;. I n 5 Cl re+r.,,,. CfOG- Renton `o K Renton Renton Renton Email maria@something.org Date 4/10/2023 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. (�I 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 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 you 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 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 (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 order 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 190 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 1 2. In 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 SaHA& I/Or'n Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 2r vt'), Z-�. Renton Date 4/10/2023 'o'fr- ZrsX,� D n cif l/ �t i� (O M / �,� � ��. 6 � ��- � ` Renton iln(olr�\'NI�Q_ S l� G—�(—Qr•rv�A- 'N\P ')E Renton Renton ,\ IS 3 7i�—Cosh �s Renton Z `rail ; u L Uaft 6)U &�Zy Ad'► Renton Renton Renton Renton rV V z _ `1 2— ----7 -7 _ 51 � 31 zy Renton 7Z -ax-.�3 �--2 9 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 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 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 m 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 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 190 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 adequaterecords 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 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 sawlzeePrinted Name 1234 Anywhere St. Dew CJ/�e�4��r� 1. 2. 3. 4. S. 6. 7. s. 9. 10. City Phone Number Email Renton 206-555-1234 maria@something.org 42S-0q Renton Date 4/10/2023 C/22(23 �y%�� VV(/C�Y--� h✓� �.- RentonZZ'Z3 11u7 i 104"` LA SE/ 4P30 Renton 0,2-/Z3 1)�_-7b(,, - Y2Vf 7� uau23 AvtR � Renton 2-,S-) %k(�R3� \4 ( zZ- I Z> A )Ovt� Vj`)24� 2bto -2_ Renton (� ZS :�O,ct Vjotb 't«�r 17ZZ.� 12,64-'`fe,, st T j 6� Renton Z53 H69G 1Z1V Penton 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. ® •x, GCC/IBT •- 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 ($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 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 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. 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 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 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 5-5-4 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 Fdo 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. n 5. 6. 7. s. 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 5ake2i°rr� Printed Name Printed Name Street and Number 1234 Anywhere St. City Phone Number Renton 206-555-1234 Email maria@something.org Date 4/10/2023 iV-77akxE I Renton 19'ZY1 ;676 �Z1 S1(N S ((22 Renton 92S h chna��� ✓ Cam �P L Z ��C �u�C2 GW�vtP�hVl f f333I�. Renton G�J�iG IS lee'V,5 ����ir�9C9 �' C9'-'x?d Renton �a��ui�U � �r 1_7332 12f /,n S._ t.iol ? �, -?nq,s�S4� 7,aw r.1-,r-)&r-,6-)nm.a, .C19P-, 6129/23 `wtES "1 3 �5 "Z�S� WWI Renton �So� - z0Z - � IB J �-Wts %� , M�II.C9' �`Z 2-3 JC)SI 1730S I V S-r LtQ SE VV-101 Renton -L()( -' 74`92SS ,os1A.S} Gtr'I. [ . (-)VVV-) Cj1' j IQ MOS) Or�©S� ia,j 5I'LiJ 5( Vl/3°entonS'$i?`fj"9Se)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 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. 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($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 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 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 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 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: 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 49.46.0 10. "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: 2. Raising The Minimum Wage In Renton 67 INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL �Z� TO: The City Council of the City of Renton: ® —cce. 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 Sae'Uotac Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org y� � Z(:nS ( SC II ?c7S �' `�, 2.:7 -�30 7g'+1 ajyA 'id &-n l C� Renton UU Date 4/10/2023 l��13 W \ju�q �1 MA01 S-e, ya>� W Z op_y 01 Vv� � Renton ?96 2c '�Z I2$/Z3 1�13� \ar(th d,ve 5E Renton rl�2,%7-t "":/29/D Renton LI�5-a6,D -C) /,,l(,- 5�F) qi 0gG)0o) . CDW1, Lpl wy %-Z3 �/,-1 W ��/ r 1//rrl IA%�lj -11ai� 61-Pi rd //-� Renton I Renton Renton 7. - �� ! 70/ S gay _,S' /- /-�„ Renton 8. J C r J/ J I III �� i-✓ , 9. Lv Pi I ! Renton to. lei � �OVlV1Cl �QV\SCV\�u rCK Renton Ky/- 6/7/ J I I tLI . h AOVV aamvi, �L�ydr�1� (Lkob. c�dtv\ ("'Ab-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. MAP 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 horns 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 am 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 ($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 horns 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 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 meant, 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. Date Canvassed: h //Q (=� !,S/ 77 � '* v Raising The Minimum Wage In Renton 1. 2. 3. 4. S. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® i 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 Date SaNy&le?/otac Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 z ��a I jzl�'c �c lza l 2130 S i- I I PL Renton Z-OG 43% CASO/­/oaa IZ( w� 20 SC n'q rl� S� �; Ingo 9 IS 170 Y4— V 1 CAD v �_ f Y' 6. v1 �zx zV z C 7. z� z 44 y\_A\_ 8. j Renton Renton q2_�-430 %5,53 1 r7b� /�� �I/f' �� Renton zz5 3 110a'� sF 1�?Jg �1S4 w q�60 Renton Renton Renton Renton Renton .F kz q11 to. � �, 5'hwP,/,4-:/\ 'rr�; /CIS �i�.nr'i1�1 I�yt ✓,, Renton /Z 2' t 9 56 t i �l )O) 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 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 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 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 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 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 hams, 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 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 m al r p y p p may 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 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 (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 though 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: {✓l�t_,1�,),¢�, �Ak7t%[.ram! . Date Canvassed: Canvasser Email and Phone Number: L 3-76 fcJ 40 Raising The Minimum Wage In Renton 2 x; INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL ~ter 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 M Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 i. Slt S� >� �� �.n Y9 Renton G'?r u -7- 2. G P'�j LAJ.0, Renton S�2 3. ,� , Renton 4.-2�,-�� ��il� �b��S l ifl�✓e jC� Renton f (/' `75%`I "zq'4 P1 SC Renton 4t6-26q- 1270 / "6E how �G419 )122 n�ti\ C- Rp�yl?lzP' 1604 S l�,Qg00 Renton Renton Renton Renton 1, z - z3 7- 7 --23 cn/07z/ 7, 7 2 CD­21ct�) o-7ic)'71'2­7 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 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 scrum 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 concurently 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 (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: ryk1a,�!l Date Canvassed: C. 7 -23 Canvasser Email and Phone Number: 06 3-Zc) 1Rgj� Raising The Minimum Wage In Renton CO -IloINITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: o °Wwww mom`" sccna�� 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 Samo&fxmm ___', Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 2. 3. 4. 5. 6. l 7. �l 8. I 9. , 10. I -A' 'i/710moI1i 4 ft �'-����� 5'e I zc 2tt 2",t Aje S Renton Renton Renton Renton P6 - _)'s)0 ° /07 00 2 Renton Renton � �( dG 33c) r 14 1a aC o nl e4L Renton Renton Renton 01� W oaf enu,lh ��wa�� +Sn L ), L7 ,INk[ . + 1 I I Renton Date 4/10/2023 S - / 7 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. iry — 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 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 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 ]urge 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 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. Raising The Minimum Wage In Renton 1. 2. 3. 5. 0 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% 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 .SaontzFe` rn Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org Re Date 4/10/2023 441� D V\ V(1 ' CT�< 1 1 Z`L� l'6�4 V-, rmL Renton bob) %0-1133 12,,V-11t / l I �Mot, ( (J O W V t� /� I I I / Ssektah 4w�(,el I � lgof- S-r Renton L� agD� �31 L'j' )�� Gr�Q S� Renton 72� /���2�Z �i�!/�� (`�(/ /�/�P��I Wo Renton \Renton Il/�tG,S�v Renton 1� �-='-S��S� ,gut �+�@����1e .0 m 7�1�013 /V< Ht R, T "^\'-) C—)Ay'g.1V �0 4 K�- yL_ - Renton yj b - �1�- ' �))�� e_�rn(�� / 9 q ry� ,C01' 7/i/Z-� Renton �(zs �fo� 3 � , 'IS'e - k-1.�__fl" 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. 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 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 stray 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. 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 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 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 irs 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: 1 2. 3 4. 5. 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 .54-710eC4 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 �uS I� �Vl .� �� jjj .- [ Renton 5Girrolnmm JdhrS 1l-zlb Se ��ttiov(+si Renton I UY �ni d ���Y(] Renton 4ZJ'S �Renton 66 Renton 02% 023 }��dUS Tao s IIZUj� S� iy0 t p� Renton �� R 3�{-��+3 6�7Y//> 7. 8. -- KuV�S 03 10. tASw t2o2q SL-7_ I Y/1, Renton Renton Z �iL UZ' , o2s3 -33-Z - 27—W Renton Renton e2-'1j�p �G .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. 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 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 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 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 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 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. 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 fors 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 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 1. 2. /� 1 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 saH/;rzC %&n Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Ml�h�.el Z6 6-715- TailMlkcyO@� i6Ao6 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/IBT 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 has, 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, 2023, 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 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 a; 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 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 miss and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate recordsand 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: 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 S Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1.acrc(CL 'y-a\je6 -z& Renton 2 33S 6 9-7,q �S 2.= lll0 VL b al� L icl Renton 3. Renton 4.1 6Renton -- - ff Renton �- 5. ��°i •�,`� Y✓�'1 � ��C.,' v �� Renton 6. Vl �-CJ VGI IP�� �--�/`�P 7. vati �V �N✓tom, dam-- �iJ) S� 2 b �- Renton 8. T QoZ ) Sr, [pip k Renton �Lo-q70 9. GVD k\_ 6 Z I Renton 10. ��� °�� ;..� �� � � (�, cc; / c A 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 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 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 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, 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 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 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 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, 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 Sa2e2i°tom Printed Name Printed Name Street and Number 1234 Anywhere St. City Renton Phone Number Email Date 206-555-1234 maria@something.org 4/10/2023 Renton0.�GL(Cv I L J t sL✓ Ze. 5 u s �` Renton �1r1n enton / ,. wwII 11 f � 1 UaQtv Nf � � Renton g cpbL )64>b (gtMQ��2� V�(D WoLi(� 61ivNZ VeA�'(U)A Renton 2,�� q6i�1)G ( vo cc) Vx'm0. mCrtl Renton Cy Renton La_� Renton Renton All) T---�'� �� �1.�(gl/ ✓ � 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 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. 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. 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 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 participmejointly 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 s ti0at 1. Printed Name Printed Name 2. I 1 1 3. OCIN,d �r��h C �� 4. 5. 6. 7. 8. 9. 10. Street and Number City Phone Number 1234 Anywhere St. Renton 206-555-1234 Z61� �Jv� `Y�P Renton rJ/jam - C/ 9$Osg Y.— Renton )__1/U1 Sk y 6 v 7 Renton S (/- /0 - ->yc j Email Date maria@something.org 4/10/2023 -7G,,l '76--?-77— L� 1t-Vc N� Sj�e��� 1� 9�^ �crt �t � 5 �iYJt�c1c-rr � 19AZ0(� (T-?c Renton Q14ANJo 366MU'Z'Mcl✓1% Amt-Tu7> Renton I eLcS ItA `b2% 5C ��Iq S4 Renton 8bp —63�3 7I 1123 ��i�j% � � I �, y/11���"✓!/l �j Pi � Cib^ � ti✓l eon oce\yam (JYti Renton 2531�OZ�GIU 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 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 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($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 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. 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 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 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 alarge 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 samjaee`( &z Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1. �G�M c L< �N(/� fh N l CGS y1 2. 3. 4. 5. 6. 7� s. 9. 10. Renton S�St, Gk &4w21 lg% % 1 (y i f}y'f fjj Renton Date 4/10/2023 61zsel23 �yp Pt4 p(4667W'Do � 33 ( S Avovl Sf - Renton 7N2_s Renton 1✓ I I i -1� tea ��1 ��'^�%(�,� ,�E�c,GC�`f`�� /./,f 7 5"1Lk W,Adsa'r PL ti6 �LgoS(a Renton . Ji��n� I-c�u �e�c I Renton ` IN IYl 1n �� �f b o 3 -2- Renton —71 i wz:3 Renton -2, lt�vs tS�'b kuv �- J a La, I. cl 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 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 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 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 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)(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 s ` &T Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 11v;9CC� 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 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 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 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 emends. "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 SaHizle�(/ot�n Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1. ( SOX Renton 2. 1 %( 3q 1 Z.D d" lien tat- Renton — aBDSS 3. Wv``^r 1 Z b3� 1 �c�`L� -�-�g Renton 4. �,(` ���Lt /-L .Ltl�Tvl t'-1/Z,�zy11-T IO/ Renton 5. 6. �r� l7100 `,20 rs rar, I 00 riv TI T-er— 3101 Renton Renton L*c-51f.-T"> \1 01't (/.CO2,\ 44tuC:77U C0%r7g)-Gz- , 6c rl " Date 4/10/2023 W2C(/2 j Z3 • oo`� /Q v Renton Z53 z�3b Renton a-S` b I�-d� g. -� � r-� s � br,'9. ��f}�2N ��«5 ��- Renton a 10. 1. ��4� /r % ��� 1 1(�� �Iwwvj Renton I )-S -30G-19.2/Z 01(Ul(/bl - -/ 90 �Mfh� AGO I I �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 933 M guilty of a misdemeanor. ®-���Tg�,• 1Bp4iPppppAPPM 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 wound 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 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 Comfy 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 raze 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 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 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. 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 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 we umelated 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 participmejointly 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 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. "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 enands. "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: Phone Number: Raising The Minimum Wage In Renton 1. 2. 3. 4. s. 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: CITY OF RENTON ORDINANCE CONCERNING LABOR STANDARDS FOR CERTAIN EMPLOYEES A full, true and correct copy of the ordinance is attached to this Petition. JUL U 6 [61[3 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. RECEIVED Signature Printed Name Street and Number City Phone Number Email C17'CLERK'S OFFICE Date saao&`UO Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton Renton IIZ,3 Renton Renton�� / 3 L �/k/(51 M4- IL Renton D{Ve�WUIGs 71 (v� Renton 1/ (�Z3 Renton 6iznA Renton i d G l �f l �� �� /� jlllr C( Renton Lv 6a�' /) AVe. �, ( 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. ®�GCC/IBTra 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 N 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 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 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 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) adapting 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 we 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 reasonablejudgmem, 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 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 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: 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 sdoo& `/Orm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 2. 3. 4. L — s. 6. ei/% 7. P �` 8. 9 10. � hcelvla5 az4f_1 ( (_142Sv SA nl TwCAQ06 N po Lzn Z vn `g[/e � r°celvhcf Renton 1_TL5-��k - Renton �jp % �6 3 f�(a �l4cais P� ti ��,r 0 0 - Ce� 12 6-P4 S Renton 113 Z G. r r. "1 � /01-1 A4, Renton lqct.t % % -O ��3 GiYV aIl011 U61��2 c- 936Renton 5 k)A1c 5k Ave 5c. Su idlEl�% 1(7.5-5z5 $916 �oZ ^fioe Renton z3 v�Je�lsl N, Renton --�`P--5_cf& _7'C2_ AV Warning Renton � %%5rv� Renton Zoe - j z � Renton 4 l q-- �Ik1-Z.3 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 l 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 721hours 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 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 calendr 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 hows 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 cler 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. 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 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. 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 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 One 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 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. "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: 1 P) 4. 5. 6. 7. 8. 9. 10 0 Raising The Minimum Wage In Renton qw 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 Sa O&%eez Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org b f `�//%4-.o 1/ Q //_,,*AV Renton LA -t S V,-', .old_ \tnx �S;& Renton Renton Date 4/10/2023 1 /2 //z v t7KAd (( Zlaft1i (jAr/ l & 2`11 56' / e/7�& Renton 7'tl o� w�s�IY 7�f� Renton l 7u . �lA IJ6 Piu �5 1 �o °I -R�hr� A-K N� Renton 7��g1n cfSZD 9& yL Renton 23 '1Jr4� h ` G Renton () ZZ� i'� ruY�NINu Renton Avt s jp►2-p co/v 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 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 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 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 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 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. 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 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. 4. 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 SaHarrle2/oten Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton ` �! v I h u/� `✓ CP�; L;P "� ° 5�,2�,tJ� ��( Renton t MEN ff 4-40 ,J (w r S. M�� Kafll 9. e k► " 10. c 1 i ML v kouldl�a\� t1J f, SC»YaA1l� 2I� Renton i�.�� , 4k Renton Renton Renton �_ j 3 27 0G 3A S� Renton Renton n b-M G 0 JPC4—?X5oYt Alp Nt; Renton y Renton 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 ®, CCC/IBT 933M 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. 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 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. L 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 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 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 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: 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. rvasser: Raising The Minimum Wage In Renton 1 2 3. 4. 6. 7. s. 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 S tiem Printed Name Printed Name Street and Number 1234 Anywhere St. City Phone Number Email Renton 206-555-1234 maria@something.org 1(-)b5 hike w� 1INc sz�ti�I v fU Renton Renton 2X(0JCL LCaJC%AfU`— �b� I��r S �} 1Z5�( Renton Renton 0011 {w jolk , �n6✓ g529 S I I a 6''<�- W r13 Renton Renton Renton Renton UI ' F.j Renton 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. 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 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar.($]) 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. 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 ham 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: 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. Name Of Canvasser: Date Canvassed: Canvasser Email and Phone Number: 1 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 61c 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 Sanr�iEe9/oten Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton 16'1V d) I Z %� S " �fi�vl fi���y Renton 1-12 Z,S Z -"/ 7q 3. `v� /' - � b��11U qo) jv�- 1ti21 4. 5. �G 1 6. 7. E 1) syyvtk ��ll Renton �� ✓� .L�C�(��� 1 U C) S`z PQAfc wsti C7e Renton Renton Renton vl Z� ? ! 7 L� v"l� 177�C '�✓iI is�i(f'�G%Renton �(J(0-�`%zyzc/�y Z216 S� )i�NUy14s1 Jai LZV3 Renton i(2 1:-6" O I.) N/� S 1!✓11�5'C>N (o� 1 - Renton 10.�•�h 'je- 5 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. 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 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 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 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 rightsunder 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 j urisdiction 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 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. 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 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: 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 Sakee`Uot�c Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org o 2 3. !/ 2c.� To, S "VC.- +0 1 Renton Date 4/10/2023 7(/ / /-?3 7- Renton L' -L q 15b" $ � I d-) (J- S47_ Renton k ZS-'10) q / c)`+ -63 P!L5 4. � �lT L. B,2o03ede-o" +`I �� Renton �nrhloov,4461�r o0f/flog 7�r�L3 Renton e 6. 7 a 0 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. ® Q.EM5 + 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 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. 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. 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 employers that did not have gross revenueduring 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 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 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 trader 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 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 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. 1. 2. 3. 4. 5. 6. 7. 8. %W� 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 Saoo¢e`(/atm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org Renton "q f�>qlpw- �de Renton 2�*-77q-y3ga 30 VL)tjW01^4 Vo NC tti Renton "(a q.'-ib L'I Renton (v'. - 4y4( z(el r Renton W'S ir4_ Date 4/10/2023 6/�j I U�dU l � 11�1uJi Renton qls-414�q 4S1r�i ��ls�J-3 koru" )U39 5E 0+r i Renton 9Z5 91q-`Ok — ;% LV' Wow Renton ��(Q At(&N1 Ili Zug q ►NJ_ic a�dr_ c Renton I/V/114 IAI& W G to �� �r l r rr 1) � In'ei 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 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 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 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 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 forth 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 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 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 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 hems 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 affiliates derives income or profit from a person who enters into a franchise agreement with the,graritbr. "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 Z. 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. >,.�?, fl 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'dn 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 .sevetable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the application thereof to anyM 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 samA& 1� Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. Lat ww ✓- r�j_e/�t7 (_ _S C— I _ c I r%JSt Kenton N FA 3. 4. 5. rol 7. C-rJv�, SRN) ALL t LAN t) Ell a 10. 5D02- t4f�_ g I I/1 PL Renton Renton Qv�> -,1."3 Renton , ro v323 D(Vi J UV Renton �211� [00) sJA ;�4k PZ-- Renton qZ j - 1 / 9 -1 1-1-7 Renton 253 - l tom- 1 - Wt 7 G S /L Z /Z'? ('[ZC113 6/vA 3 'rl4 j &1CA- (��L7 S /et=- Sfr c e Renton (ja 7111, ���� �0,11%.;.t� ��cynSGt�! �z�lo lyt��s w� dvF Renton vnif umdh(A ��1� N �l m J+ 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 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 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. 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, 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 underjoint control by one of those entities or a separate entity. The factors to consider in making this assessment include, butare 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 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 S `laem 17 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. �� � f^'1!q �— „ , .., M LI � ►�2�eP 5-�-- Kew-���--, � 2. '1 ci a o 2L-+l00- �(f odcOe pi vte Renton L425",-�&3& G4V11� 3. Aq( Renton ZS 3 7-10 07 s- 4. 5. 6. 7. 8. 9. 10. 7s Renton 2()G"¢70_cM2 -1/ ( /'Z 3 7 /, ,p Cc—' / I / I Renton Tp 2-+11✓ I� l - /� Renton 7� / --- ` \ `7 ,\�� �� Renton 'W �� ZZ4?�� W[7v'nC f t�l Zp ct I / ZS� �ti � 1� Renton �Sj / -819 %���7ccS 6✓�� ' � ash. C 1� . V\I/n V!� KJ� 1� V� I. Renton �9ti 711/2 V300 [uq(t� RAv � -16R O Renton `7X O 09Ag1'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. 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 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 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 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 hoursoutside 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 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 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. 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'OA&-1/0&Z Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. 2. 3. / r� 4. 5. 6. 7. 8. 9. 10. oanru�lCe�ay_fElSq Renton Z53-7-2Z-7$(03 � a J 1 S � 'N Uri fi'o )- "4 51 pay. z)s Renton %l 6'b'Ig9 03 S 30 Dut SIC a 41� �)_6 �_ Renton ZVu 35 1--u 1 1 3 ) S"5- (4 6v� Renton �i� ral ZQ 2S !-4n wt —) yQAft - to,,, 06-28-'13 l C-f Renton i Jahn Renton ]23 J r✓ LO1 rt4 < . c (ram ���rJ` w ��'yU� G`� �/G� S Renton �tf Am CawL hl�F7 Renton .o2�Z3 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 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 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: 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 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 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 Filo 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: Raising The Minimum Wageln 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 Sa�ulQe?/oten Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org ;oo Mbinfi1(, A ��, Alb r Apt Oq Renton t�l�" i��I-l�`iiZ f(kV(Y\CCJt�c�IG� (\c� y(I40. to /✓I 2. - Leese�_ 3. 1�55� S� t35�-H Pl. 6V&,eti� 4 dkf 4 qkg ltt6 5v4t,� 1�5 LvP -M Renton Renton ; Z (j7(-0 .35 -�;; - '-Z� ak-7 Renton 5_1'OL5� Renton 20be-7oZg( ''�i--�j (Jf�suL�j PR�IS M�4S�1�h�DIZFPt �6©3/ 132�,eS.� Renton y25:23�56d'72 /i �l •� I iS (��l f 2j SI" Renton CZet� ZS� 3(�Q� 6'-/L S% C.� b �' S �a I Renton Renton a` G � U /' Ct� d� 2�l y�22 �7(it ( 7lil�l�� �Pd,►�rv� ['1"%4Renton Date 4/10/2023 7/2/Z�oZ3 7/277,213 �lU, Jt _�/zJz3 cuti� 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 whenhe or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ®= �o�,�ar 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 ($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 yew 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 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. 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 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 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. Raisins The Minimum Waae In Renton 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 SaHt/zPe�l/ot�n1 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 l�- \"o 15'Zv5 � Lkc` ija1 5f- �1��1s 2,— / 137) So"' r 3/'�'d Don+'n Renton( Renton Renton Renton (y25) y (I - t SS `l J iho`"i SZo (rJjllitGMsf�l/�'�K Renton Z-t�3—fiC7T Renton hl�� Yyg i0'�lvifvvvi 61yd h Renton 141,t, �i�/iv�v�J� 1�3 �i �f��rA�`�/ Renton ��6 �1� 3IiL Renton N:c Z; �7 7i-3�Z_z C,)n \ /'>117? �/5/Ls 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 M,o� 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 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 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. 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. I. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, covered employers must offer additional horns 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 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 aunum 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 authoriy 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 ordinanceshall 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: 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 ti� 1. LV-4jV 2. 3. 4. 5. 6. 7. s. 9. 10. Printed Name Printed Name IV "V t/t bVt-- Street and Number City Phone Number Email Date 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 t( S Renton �� cw .� V� o-va� 1u� e i i(� �o� ►9 Ke N Renton Renton C.4r, i�P Q��lA14t06 `(� Gl1 o-s \\ l Q� l 4' I A %/ Renton ��1 e Ey-)&i Tj�_ oc>'15 NE C)b4t" P(C Cs� Renton Vlip (61y-u( I�U-T FA S Renton _ C/J""" ti�� Cfjyl)L)� �WVI° �� IS70S Iq�'` S� t (77�° Renton IVON N r✓ IWONvI IM ktU RA�W 4vF- Nf�- Renton 1nn�l �1v V�h (bD2 SEZ Renton 10 D— `6b 6 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 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. 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,�pd.by October 15 of each year thereafter, the Finance Department shall establish and publish the applicable A, ly 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 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 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 derivesincome 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. r. "Large Employer" means all employers that employ more than 500 employees, regardless of where those employee's 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: 2. 3. 4. RaisingThe Minimum Wage'' In Renton INITIATIVE PETITION FOR" BMISSION 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 tiorm z ryvvv Printed Name Printed Name IJD r�Lc�_--�j2,► �-S Street and Number 1234 Anywhere St. i ow e M ct,& AVE r Jc City Phone Number Renton 206-555-1234 �06 - qq2 Renton Renton Email maria@something.org �Vtct Date 4/10/2023 (/ y'/�Osd�� tiG���s tT G yr S Renton `to25 �Yaddo 3 �a�3 I11Renton gn _ �2oG��l 33�� S`f— Z-0 35� 7 I r � Renton c l 4h (\NC I. I, o0 t_i'zbe l� Zerwt ciyo Renton Renton Renton 405-a70 -d—i 56- 1.3 a3 LA 1-5 5Z.3—�gj f 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 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 worker 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. 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. 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 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. Aperson 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'nrles and procedures. *r 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 statementof 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. 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 L ar1Ce)1'lr� � E 11) 51 A 531 Renton 0V✓ /'V1 v'V ��i iw�liti�S � � / ��� � Renton c­�Z� - 220 43q', bCil U v., yin � �C �i���6#,f,'ie� 4. (/' vim. %y� 2 5. 6. �. '� 1 (� 1 VicN-4" cl 8. 10. Renton 7oh 17� 7r-Z), 3t Renton q Rentonp- Renton Renton S� Renton Renton 266- 659 —12 72 Renton \a S 84Pi J 31 z3 G J 7�3�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. ® `cccnaT 933-M /BWCI0.10MfIM'MO 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 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 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 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 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 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 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 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. Name Of Canvasser: Date Canvassed: Oser Email and Phone Number: 1. 2. 4. 5. 6. S 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 Date 5awA&1/rm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 �IVI 101A50 311�c1C J Renton �� �i7U-�Jrl3 if D�t1�' va ? 3 2O23 Renton -Yv\o�'cmp6 2_22 Renton 2_ e7 /bV G Renton if%'dIGdS lZ A,f� Renton i Yt� 4' I� �r\ Vr 7--Rentonb 12�' u Sq Renton j [1 -1 }v\ ( P, Renton (�%rJ �i�(,_ rA-? : POC k/ Mi I y wIP/G113It�v. 6� 0?7�.`Z, l 4_vl N ` ;Lr 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. 0 �-6CC/IBT� 9" ,awuo.��,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 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 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 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 trader 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 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 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.I60(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: 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,ePe`Ua% / Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. lw. e,�r w.ah It f S, v�`� ��' Renton a9a—�BGz 2. �t/,t1`C So-r)J rcs L. �Jo ('Icmq ,-) I cogol�Ma /z Vaj (2 CJ .433 Renton (iigs-� 5� 3-27Sz/ s(workMC el�lG ins 3. eti wv�ti'v� J�S� 'S }fie Gf o1(�vY'�e Renton 2C��j 3603� TOSte`.-� �-G --�4.0 �I Ve SW Renton )Y/i0y Fct�oj 173d2� '73✓d pVe SF Renton �Z 05 —G- J�3-2Z3 5. Renton 7. ' fCAEY6 EI Renton 8. CAvi� AC,UC,b :U a St (00` )- Renton /VQ a 76 o14z -7 9. %/G� �'l©L i� V7 u5�l��� \ Renton 26LO 10. ` Y �61\` \`- Vy jS18 SQ✓K �w L (J� 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. ® cccney 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 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 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 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 yen 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 yen, 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 yen will be calculated based upon the gross revenue for the previous yen. 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 we 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 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 competentjuisdiction 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 ratepermitted 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, 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 Y. 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. 5. W 7 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 SaHr*-710&& Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org z k\ Renton SO.vv( tua(\ja 11113 Se I iSi� `fir) �j"j+}_ VIOZ Renton 90?- gq0-tll4/{a Date 4/10/2023 Z 123 7/2f :2,� tl 1 CJGirvlre C�rc�+u� Renton /bTk Renton ll(�� llI1K �, L>Renton 6-7� � �Zc1 Renton -Y" i'- , � S UO Renton Renton (4 10. 2TId rvF_.` 1) S35-I w yii, CT Renton 6W us 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 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 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 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 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 .5 tiore& EPA .i AA M; Printed Name Printed Name /1l, T, 0 �� fefei tAl Street and Number 1234 Anywhere St. 5�3 tom, c_0 �7� U City Phone Number Renton 206-555-1234 J Renton NO Email Date maria@something.org 4/10/2023 n 7 jjG Renton Renton 7/S /23 tG%S 5 �= Renton It600 Renton 12,62. Iv 16 "PL A0+ 131y Renton L'rAl V4 S� Renton rT P- 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. > I 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 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. 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 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 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 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 S`Ua&4 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 l9/5�'- 5'�— Renton 2,GG� (5i'ha n.'c 7 e. /�'ns cS /OZnd �S� Renton 20 G-7G9- S3 3 G Renton �— 2 4. r i l b5I l - Renton S 3 l /x)ro T / �°Zb G > Renton 5. LI S '} I 1 CLvl v kw , i2rs�Z Renton J J012 6. 7 /� 7. CU� �lC,� �S )2 I y I S Renton J 3��7i3 g• r� Renton G 9. �,Hb►.�U ��(�Z6�1� Z�o�j M��(21sI�IU(�S Rentonj((�=71Z-�E`��� s-3U Z3 10. �—I" ��f �" \�`J )Gl� 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. 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 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 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 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 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 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 SeaTm, 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. 5. 6. 7. 8. 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® cc. 933-M Iegggo164 GR1M�� 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 `Vmn Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org r cok-j PHVC4 5 )732f 3 CW 0 2�_ �T (D(� Renton�� I��✓�Smev��,�✓l�� S. Renton Renton 1 Renton Renton Renton .S0_v\ Wo'- (,6 S S*N1 Renton (f _S"�4 C4111 'WV1 L �Iw vvw iqq , ( l60136 fwtl Renton V,-.ah4 I -A SP 6T Renton �Zob -ill a- 7774 Date 4/10/2023 /7-�3 3l z3 S/i� lz3 s�1�123 (� I-2a 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. 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 bows 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 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 bows 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 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 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 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 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; g 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 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 bows. 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, it i catening, 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 bows 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 competentjwisdiction 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 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 them 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 Canvasse. Date 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: 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. _711Signature " -- Printed Name Street and Number City Phone Number Email Date saw* °( &Z Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 [YAW 1. �(� SL' `E�� Renton s. 9. 10. A)7T ��VA fWrZ Renton Ct NE pe1�6n1 Renton J Y�It�Y�I�uRent Renton Jj0qZpL, Renton Renton i r` N GIB i i^ l o d b N ?7 r� Renton YtQN1Y���IVvCA�s t'�)i7i) Renton �0,,77 SW ketiYW S� Renton 5�3,ZU 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/IBTr.; 933-m 'azacw.aurc�.mr° 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 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 we 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 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 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 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 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 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 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. 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 .Same IlMn 1. L'^ 2. 3. Printed Name Printed Name E Street and Number 1234 Anywhere St. \�Db i.C1.Oj1Z Q;� 4• CtiGC't 5. 7 91 city Phone Number Email Renton 206-555-1234 maria@something.org 'Dr 5 Renton N Renton Renton EK Renton v Renton �r V\� V '�fc 'Se� C T-ix t�j Renton Renton Renton Date 4/10/2023 7/I I z 3 -71 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 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 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. 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 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. S. 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 m 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: 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. 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: ® ilm. eT 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 Satiofe Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. �1. ��L 1.1%iiAyI0,.V 0 GPI 04, Lw-w' Renton 2&(l'S)`l-(7Z) I.t.10I(1 1L®tle�6t �Cdly\ 2. Jl �. L>/ �}( ui% �,f TO h Ilc � ��- l ! /J 5 7 .� ., Renton �� nton3. 4. ?"SD � IWnton cS—Wd fZ,�:% 5. `.1 l Ixk e 'r (ln AJ , (7 Renton 4 5. i, %Y��(n�( (� 2 ' 7. Renton r� ��(�� Renton 8. i f �, ,vim 3Jv �i h �l�enton 9. 10. 4n,�� f �,a¢�I !zl, ti�� �. �� ;� ��?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. j 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 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 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 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 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 constmed 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 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 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 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 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. Date Canvassed: 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 Date saotA&Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 2.. " "4d" / 3. KW WA, U 4. c 5. 6. 7. 8. 9. 10. lbtih Jvhn I • t/ l� 36 -1t r� , e, 1 �044 SFl l l( SE- 19ow./ Sf. 161s3- Z.ZiL'� �SOn, i 1w IS�OD sc 155t(\ PL uhtri(f AU-5 - �ee✓e P 1500 r� 2046 5d-O3055- C�erie /Vioc-aI25 Igoo ,j 20+b S; O'3 Renton Renton -11;3-AkUW"7-b ,j. Renton 270 "�Z(,2G JQ(Y��WI41/lavl,CcA�t Renton )L6 9 :F2 3 oi.o t Renton Renton Renton Zo( -4&-f -0 97- Renton Renton ockn,r_ah l,St5D 0 `tAD",5}- P30(Dd Renton J�C-ts (-' o y—�) �j—� I C--%. Ca�+�c�-•l�us+�r rPer�s G'-72 -).-C-7'9 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 gruilty of a misdemeanor. ® GCCflB l' 9334A 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 Lending 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 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 you 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 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. 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 ham 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 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 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 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 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 income 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. 5. 6. I 7. 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 s2/CaT Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Sd Ot \\b(-) wy-e W f)OUVO P)\40\ vl` Renton (v) (7 R D 4-" /141�Gy�'G � �U�I�� ilv i��'vtr/�^ i7l bb riv Gj� Renton e Renton Renton /-i ,)/-/, � rr 8. C�ek �_ h 1,306 N 2 c �`S /�'- �OyU Renton ��✓ 3S�—Z(G r�aRenton9. �VJA,J6� 10. R4 X r mi t'41lo Z,ct vc, 1303 V ZO Ph 13loo6 Renton V X 1/i�>70'.xtor MUx (A z(AV , j l_y_Z3 7—�-2,� j/51z3 i I 7-15/Z 3 E 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 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 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 yen 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 in 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 thew 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 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 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: 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 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 Printed Name Street and Number 1234 Anywhere St. City Phone Number Renton 206-555-1234 Renton 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. 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 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 =net 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 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 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 5-5-4 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 a; 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 SaHf; &Mote' Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. 9ec L, ft�4, D>n�"r, 1_. Pevn1,&) (t7J-�-i L)94'� 1-N 5P Renton 2. 3. 4. � 5. / 6. --- 7. 8. 9. 10. 2c7)4 ( 1 p2aal /�vF Sf� Renton ZotC - `tI"- Ik-/2 * 'Wjwda&�tS�� Renton J ^- -- k t Lt t,.s It'" . 'a CPU �Uq� NI 114 Z Renton Renton 4�5,_36/_%03 3 ,-7 alzl:�rt Renton Renton �tao� Renton N Renton a�r1v ) S+�- Av-,e- S. Renton 2Qo-5(9-03) 7 /k r-A A�DI r 71 0 41Zu23 -?/Y/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 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 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. 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 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 (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 R3d 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 3 4. 5. i 0 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 5a00&'?/0rM Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 z Renton (�-W 853 —"I Tj 97q3 (rz� A" �S Renton mA ,.. -:�-/5_17_3 � _5_Z3 I��h / �, �L �Z Renton 5/43 ICJ mod✓ - ` Renton iM �Gth� 0� ��9 Renton Z� l0b1 114an S�� S �lf� S� Renton /OA 9. 10.Ghl/l�� D�b, �0O Z�`Z� Renton ��k !i+ Renton 20� '" ` ` vlJ `5 l-btvt Vla �S G-UU�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 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 cue, 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 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 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 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 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 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. 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 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 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 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 `veaT Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 11�1�(�11J11 ltM �1� i rnka w /ql7 N/-,- 2. 4. X�71 SIX v to. Jr% V'Y„ u is - .ra-irTi WAVAUZIA:Ai 1-� W c,, _S Renton Renton Renton Renton Renton Renton Renton rJ��( CSC '�sK 4CI_) Renton Renton COWG"-f' o f Date 4/10/2023 � - Z q --vj u 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 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 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($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 you 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 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 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 confine 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 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 NumbAMMIM City Phone Number Email Date Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 t• C �l�wl "� '—l�c2t t- �Renton 0-51 2-_,Zlr 2. "»� ,. ,—� J'q'g� c2-03 Renton 3. v Renton �l�✓ -�`�/G �,w a ) 1 c 4. -ter A f C'��ti l2 13re-uv�e✓da.n ig� Renton 8i3 t�', Z 3 �� 7/5/Z3 s. Cr\�� I (� (U GYIS�j �# lV CU�{{l �r ram`- �vCo�2 Aj� \ `sf__F� ��f�o' Renton 20L - 372-6L4* T�S�z3 k 7. 2iWa Renton 4A5 � tq I q,-:7+ AU Renton 8. 9. o '0 I"Z 10. C_�Uif ref_ ze f ec, ( (Z6(5 (Gat_k a„ Renton t) Renton 'f �.i Renton `fL7 - P, 7/5/2_,� 7/5l2 3 G3 7/S1Z3 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/IBT^- 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 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 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 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 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 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 O£Canvasser: x Date Canvassed: umbe 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 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 L haSL 1ctsGc� gal Wna`r�S v� N Renton ace&-G�iv-3�2� � yi (, 2i b S f Z"'� S 1- Renton Renton -71Li / 2, V 33(a �SS'Y.-zz Renton C�1147/ N 6 VC)) Renton '�73 6( 0'`' 1,�V6 Renton 30 �?o C)� 7� '1, C-f-- Renton wl- apt 5. �i�on�t n 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. 74--7' 6 lo f 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 familles 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 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 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 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 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: Raising The Minimum Wage In Renton rtj INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® 15PP 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 Sae`Uot� Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org A v( 2) CJ1 :W�.M 2 Renton Renton Renton &Oc� u b c3 �t non i Renton '� b �A oc(_ J Ck'v` I �� N 0;M- ]tea 0 161O^ 8. V'Ck C 0 S�1 9. (Ny 10. ���vr�i /iXrvrr_wtYVC ._ni/ k Renton a /- Renton Renton 6� (o,t.gz O16-1 0 bo � 14e,A 1 J- Z 0 6 Renton w 0 bt K- vt Renton Renton Date 4/10/2023 OX --�- �4/1Z3 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 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 ensue 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 we 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 order 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 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 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. it. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or theujob titles or other means of classifying employees differ in ways that are umelated 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 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 minimun 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. 10 Name Of Canvasst Date Canvasse 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: ® 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. , Printed Name Street and Numbe City Phone Number Email Date `Uotes Printed Name 1234 Anywhere St Renton 206-555-1234 maria@something.org 4/10/2023 1. j�.n.atu 1 % =1 I .��., .... Renton J ] S.- bVISgto tEx 6 1' 1 2. 50\K)" l+n"df" 73 51 12 �f I Renton y IJI/i J r% 12 41J6 Renton L - I L _' _� > 3. 1, s a J .i 4. vv :� - Renton Z3 J �v 12 Renton �l 5 Z3 .: Renton 6. 7. ,�_Jt L L'4 /i- a 4 A�aP � z Yr � r�_IQ � � � Renton Z� � J 8. 1/V,� / "A- lam_ Il` _ 1 &e _ I �iQ l<� �rL' _ �_..G ta Renton 7 ` 7 / / J 9, / f w Renton 10.i`"C, 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 of jobs, 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 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 ensue 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 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, 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 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 yen, 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 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 immigmtion 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 mourn or the maximum rate permitted under RCW 19.52.020. 2. For purposes of determining membership within a class of persons entitled to bring m 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: 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 me employed, and all franchisees associated with a franchisor or a network of franchises with franchisees that employ more than 300 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. rName Di Ivasse, Email and Ph 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 NumberI City Phone Number Email Date saattz&llotnx Printed Name 1234 Anywhere St. " Renton 206-555-1234 maria@something.org 4/10/2023 1. �-e �/l Vt �7iUwr4jD Renton }tee-V,hvl� Fe9 V br5k ,cow Z6? 610 1/0 02- '3 2. JMYI — 1 "T� 7b 1 1 ��n�t� Renton GIY��� 'k�`�G o� 6�g�a"3 3. ` V / c Z �) �y� 4)—v S' �%] Renton 4. e AAoL. Mlnl5ki�wt� s yG.Z . �/??~ ST Renton ��� 36(o,o f C9.2 (.Z.�j 5. Renton 6. � i l y c)M%I$ �I b MD/7 S -Avt Renton AYA rt9!'+'tz, Coyi t 7. ��G� /r/1C/�L. �6a3�11Z61iH/S�fvr's Renton 8. Mprrc5 Ave, S Renton aw�bv Sr�,cbmCt�ST n2 �o Z� 9. �� U' /�/O /• �0' S� Z �{`7 �jT Renton 10. t� � YLDCq�-� —lUt � , S� - r�c'Ve- Renton �I'%✓� ''rJt� �I � �L� 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. ® <M 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. 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 bows; 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 RC W 49.46.160 except those that, pursuant to RC W 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 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 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 RC W 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 a; 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 RC W 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 RC W 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 wherethose 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 change" is defined as set forth in RC W 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 RC W 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 Can asser. - 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 Printed Name Street and Number City Phone Number Email Date Sake ° Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 SawsQ 6NQ�l� �� RentonMLIA Renton S �Co (Q(u 3 InIVlOeCuv rvr C,2/1i d l�v Renton g� an� Renton Renton LOU2/ q`t lcc %/5�a� �(li7H[d ILl�1 131655 ��Z �L Renton_7)�-@� \ �1CIL�z G3@� I(SIJ CCN� 1-7�`j�Z% tf i Rentorr' �a -�` �3� ✓ ( ��� Y w��,j� VQVI Renton �V (�li k r10>) •— J� Go iSvELo 4A\tln1D0 4v\b� C vu j'1a0ca3 (�-TI ((el g� Renton y� 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. @ =�833-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. I. 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 personabout 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 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 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, a; 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 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: j. Date Canvassed: Canvasser Email and Phone Number: 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 .3awlZ&2/ Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. �lV iM�i6) Y �N \�Jv �� t�o � ` �� Renton %6 .5�1 . i 1J�(2� Z. w'm�n C�,n►2C�sc� 1 �5'D 9k J! P 4- Renton ��-,q -- ` Q; lfS A3 3. YASaS�uf� t,ana� _C>ek, o2-� 44� 1305$ SE llvls% s% Renton ytS--o(715-43 4. S� I�oaS' S E l�o�� l Renton ��� - -79 5-�Z7S JS/Z� / �1� Renton�1�" 5.�J�'/'� c/ �{ 6. /[�J 13053 I �A� �(..S� Renton Zc� � �i�b6G63 G J` �J 7. Lei�(Lsl ✓ `� v �� �y'�.q,� {ZY�tI���� �o S•� s� / bo rtif�C�P. �. Renton 7�b�1 23 / ` p� t3o3"a 5� l�o-f�- (olac--�- 8. C�CI �r�r/1 GC �P�U`S lc3Q S�C� lti� Renton �ZS. Z'Zr3 y. 2a-7 LeSIi e V�/a�er� / 6 'SE 166 Renton (�25-{ � 76, 1- - a3 10. �� . v �C� r /EsU�° % 36S S' �lLa/ 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. ® -5,0VE 31BTU 9 3 3 - 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 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 horns 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 isthe 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: 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 staling 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 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 apenalty 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: 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 Y. 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. 1. 2. 3. 4. S. 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 Sa'0 '?1a&4 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 N I7 E. /,�554. Renton Cf21y/t/• 7_06_6C3_2,763 M . CO-T ICAS /, Qh . iifdhk- Ck¢17�y� i$. (LAP-K y[vitNL� 1� ' Pt. Renton �Pu,i'' SN 4v� fLS S'3 ��r-V-LS� Ave, Renton 2� � _gt `I -S`fb) Renton �10_o/g3 T �' <wT %LS 5%lf Renton 2-53' - 6 tot S D6� ILL Renton 7V\A6 Nwvq(2/v) I-�o�3 Iz3r01 AotS 6 q ­�X 1-2 S tip (- Renton Renton ci --zo3-17 C I \t , (v v�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. 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 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 MIthose hours; and (3) adopting enforcement requirements. - Section 3.1,arge 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. py, voters in*ovember 2022, adjusted for 2024 by the annual rate of inflation.. 2. On January 9 2025, aQ on'eachdanuary 1 thereafter, the hourly minimum wage shall increase by the`ahnual 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 to1CW 49.46-.160, are itemized as not being payable to the employee or employees servicing the customer. Pips 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 minimpm,wage c 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 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 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. A No employer or any other person shall communicate to a person exercisingg,,t�}ghts protested under gris chapter, -directly or indirectly, the willingness to inform a government employee that'fhe person is not lawNIly 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. .- - 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 weentily acting on their behalf, may bring a civil action in a court of competent jurisdiction against the empl6yer"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 Trobili teduetaliation. 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 pfirposes'of determining membership within a class of�rersons 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 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 (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 i the business of offering, selling, or distributing, goods or services under a marketing plan prescribed or suggested Ksubstantial part by the grantor or its affiliate;.. 2. The operation of the business is substantially associated with a trademark, servicemark; 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, directlyor indirectly, a franchise fee. The to ; "franchise fee" is meant to be construed brgradly to include any instan&0in which the grantor or its affiliate dives income or profit from aperson who entersanto 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. "Largd Employer" men all emp,}oyers that employ more than 500 employees, regardless of where those employees are employed, and all franchlseee33 associatedwith a franchisor or ametwork 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). e "Tips" means a verifiable sum to be presented by a customer as a gift or gratuity in recognition recognition of some service performed for the customer by the employee receiving'the tip. 7 "Wage" is defined as set forth in RCW 49.46.010. Section 11. Other Legal Requirements. This ordinance shall not be eonstrued o pireirnpt, 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 oiVinance 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'ssubject "concerns labor standards for certain employers." See No 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 soLerable. 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 Date Sau,Ce`Uotnn Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Z Z 1c�('i9"'►'l �Gl'a�7_ �`� +� 4V <�E �Ob�g�p J`�� Z,iLio�J«���(4l coo -7/: �? A, w%� tQA ' 01- SE Renton 1Y N k4V_1� Renton Oa ,, Renton Renton l 2cx elq(; _Cxlee 1, q2p52Y Y38 hojt(C4s2& lr 1.c:o� Renton - U'�l^it��n116t�i S� Renton 1 ! l harp; �L5�, t V� %�i Renton %t S3 t—N b L �'Jr�wS(�rY IlfVn �� 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. 71 "1 E ® GCC/IBT,r 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 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 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 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-harf 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 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 (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 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 Canvasses Date Canvassed: 5 ,"Z<2� k_�) oRaising 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. Il'GZ ill��?i C i�i ✓'�ZGL �yL ��f!3 /yE'Z . fie Renton 2.t, ri F ' °' r"Z Renton 3. - �C Y lZ7 ,tiC 2� / Renton %/J (`�S`l 4.�` "d /0 L- Renton V`46 Dj j� mn� 0►" r j�k �� NH KUs_ ��S/Z3%�VlSN OoJ Rtz661�N 5. �36 V<iSFic,, C;i . N 6. y 7x� JC�l��cL /VorrAAJDlL-�ans Renton 7. �l /ail ZL- I � �i�� �1 � � �Le V- I � ZI�y �� � l2:/)j � � Renton Z-0 U_ Ll �P_Z`65G 8. /% ` bst�v✓� j]�{(� �((0� r,� 2Zwl a Renton gl�— 9. ` G l � ir7 /IG / Renton �2(��G � c12_D Vev,h I G��/GtG— �1 �� (�✓t i _ S 1— Renton �� ZJr— �� �(GS3 v/cJ 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 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 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 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 -mid -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, mid/or the person's legal counsel or any oilier 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 involveany 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 an provision of this chapter has been violated may also be resented t i p y p p y p o the C ty 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 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: vassec Email and Phone Number: ° 3 tea^ 1 Raising The Minimum Wage In Rentonf-� INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: W 933.M IegggWBMYxm"' J l 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&`UOter Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1 17 Iy9 fvA AvL Renton -ZZS3-3/6 4�9a`5 z.�r�o 1, !) Renton Date 4/10/2023 �/iz V) Z 3. i// ////j K-Xm ��I CA�' Renton 4. /t'v� �� ty—fr 5. 6. Lit �kt,% 61t-A 3 IN Renton �eG� � Renton ���i«�G 10. v C - �J e" `�dry cJc ►lG3c s� l�?�� �,-r Renton III Ai c 1 F_ E '� Renton _3v _'? 5(y Renton 1 7 z- 1 Renton ` Zj — 2-2—? - (i`P�3D Renton 2DCr _ �2e `fig 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. 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 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, =us] 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. l . 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 meant, 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 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 AA 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 5400&`U Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 Renton d Renton jAEI 3. ..�%Iz .� �,., 1 Renton 4. 5. 6. 7. 8. 9. if%� i /Zisr �; �, . ✓�� ; > > j 2—el Renton �.. S _ 17 3 Renton iLlvi a Renton } in rl 7 J J I `� k Renton �L y j e"Itc J C L �J/I i / Renton Z Renton I'm 10. % d.0 02 Renton %/„ _'4()c,_ 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. UF 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 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, 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 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 minimwn 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 similm 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 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 howl 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 bows 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, atsome 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 fiction 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)(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 mid 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 howl). Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Renton Municipal Code. Section IS. 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. FF Name Of Canvasser: Date Canvassed: �Uasser Email and Phone Number: R A -ng The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL 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 jl� \ 1Z6 /`i 10 iti �12Qzr� SSa �bN-7 2 Ic ��sS;�ec+�rnr i 71�ZOz3 1• i / Renton yy % 2. �� �. (itiV l �I L� rNE �� acales a.441&a /v Renton C- u i.' jpv r>7 3. A tZK f� IZf" �� d `Tt7� 4tAw i4 7/5 (� 4.S C� U sl b SF ( S ` Renton Ls 5. Renton ev 7l� 2 6. Vl\U z/a�^j ) L03 ;j► O'�` ��I� Renton ? I l � 5 2� 7. �D j r__rvdoJc, CjlCiV I,— Renton 1 s. �aU,I-C(N✓ 1� �i S�• 1tJ� Renton l/l)lF -KY� _�yjj 7�s 3 9. �\9 �:�(vduq\ k� Rentona'o(fi ���� /`fOS A). -Xkh � �Z Renton �i�ln/eed(cZ8 /mom � �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 of a misdemeanor. t 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 0 GCC/I6T-- 933-M election when he ors e is no , _ �� ��� 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 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 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 a job or promotion, demoting, terminating, failing to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, engaging in unfair immigmtion-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 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 patty 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 provide, let this chapter are cumulative and are not intended to be exclusive of any other available remedies or penalties, icluding 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 "concems labor standards for certain employers." See File 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. Name OfCanvasser' Date Canvassed: t vasser Email and Phone Number: 41110 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 5400& 11mm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 1. 2. 3. j' 4. 5. .W 7 8. a k((y Dono((som (OO-f [; s _ /Wl S Renton 702-3?_73-507�— Date 4/10/2023 V0V e,-t- A PT=G\ -S I � DD ARenton s%�� _ LI 1^t127 , / 37 � //�(/ s fi Renton c/� Renton � -77 7 s�/ I -�'/ -7,v CL�z C IGtU�IU Cf, V11 Z � /�)� j20-' Renton 7I37/3/2-5�Atne � 3er �A 2Q Renton �1 �Kd�O �y�5 �+v� S 2 S I � 3 J 2 3 `7(Obd di�%jo +�(JL `t`3D� Renton ��cP v 1 � dy dbRenton 21L�-6 2�6 `2" >}wnaa� tIW 7(-,rfs Ax'y < >; 1-o 426'11 Renton yu=Z85-59" GU u C�drJI�VC S ��� /d6a Renton Os3_ 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. 7/j)/23 3v 9-3 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 is 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 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. 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 more, 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 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: ®—cccnei� 933-M aMc�wnp�vnM��' 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`L0 q Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 �✓,` J-61NI1 Renton I% - - (,St Sigh or Q hlfiJ- o � 7.e� ��(,��`'" �l� / It�i�IG UI/(�(� �S� (D` h�ii 6; n �✓ '�°� Renton I " Renton Renton [� �✓ 1, / gle Renton \ r Renton aJ�O \%(l liype as n�1 //G��" L�{«✓r�PPnCL� U D w �Ir10�l'IV{/S Renton Renton ReRten Idea-tenRemtem 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 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 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 yew 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 apprdpriate, 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 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 Canvasserc1c--- l 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: 0 i ccuiaT 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 Printed Name Street and Number 1234 Anywhere St. City Phone Number Renton 206-555-1234 Email Date maria@something.org 4/10/2023 n LJ rl/ . 5 C 13 /Vl o 6Zk_F'5 I n s 8D DN L V ; r>A109rjrr��co,� Renton Renton 2.�� . � 4 Ill ! !v- Rcii vrr- 1 /2 3. - .. 4. nlc'� 1NI �5 �18`l N6 q4h lar Renton 5A03 h�L ale Renton !ji L,-)� 5. Vj? S Renton __ Renton 8. �/ V��l lI� Renton 5/ (71 / 9. � l oFJ� Q4_6 Renton J Z. lo_? ✓ G-<?orS•Pk'a49°�Sfi i �^,11 Zv�02 '�t 191p7j r Renton t� 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 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 Dollm ($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 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 me 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 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 we 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 Canvas oil Date Canvassed: vasser Email and Phone Number: Raising The Minimum Wage In Renton INITIATIVE P TION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ® ccciier 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 Sa�yiCe`Uot� Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 fl4f�l.�iv �cra��a,�i g�l�id / -. l i 2 o z 3 1. Renton /. Renton 5��//� 7 ,JG, P/ NE Renton - 4. �� (; ��Zilrr% ��I�t�i� L s�✓ lg Gf�+Jio,vrc / 7%� Renton 3 � )LRenton 5. "4'� NE Renton 6. 7 C! �7e�. /eXandr:ci Tct„g S20 --nd Renton /z 3 SG Renton-/� 9 Z 3ak Renton cs//1 /W 10. Renton jf—!I )-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 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 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 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 yew 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 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 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. Anew 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. Raising The Minimum Wage In Renton 2. 3. 4. 5. 6. 7. s. 9. 10. INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: O i E.0.r 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 Printed Name Street and Number 1234 Anywhere St. City Phone Number Renton 206-555-1234 Renton Email maria@something.org Date 4/10/2023 P (NYw/ V\J /"UV (l S� �` i Renton Z,/l%V�JZ_i L z �� 2r/ > ✓r�l 5� f� �' ������ C, 7 Renton g1Z3�� G�r>1 J 172� b N C A� s�—��,t�, Renton 2� 23 MIcffOL,E eSee-A p0i3-sX 26PIS I2CcrcJri Renton 1207,2 Renton •7�jlZ.J ��a3 ia3 ( Sr Uri S a � S� Renton Q,� �� iI �/ �j(Xj3 S Zu �� Renton �— \%�r72/ Renton �SZG(qUffi 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 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 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 you 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 their job 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. 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 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 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. Raising The Minimum Wage In Renton INITIATIVE PETITION FOR SUBMISSION TO THE RENTON CITY COUNCIL TO: The City Council of the City of Renton: ®e ccamT— 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 s v0AM 1 Printed Name Printed Name I (� 3.A k�JV-� 4. C� -� 5. a 7 P] San Street and Number 1234 Anywhere St. yUL l0 5e- 3 �- a \ �-t N Tt City Phone Number Renton 206-555-1234 Renton Renton Renton ace — Renton Renton Email maria@something.org Date 4/10/2023 N/z21/0"T 23.'9- _� 4� z3 Z3 11aCQ�`j'&` /� ��°i� S �o�/l ��3 KK S'� Renton _3/a-� S Renton 9. f (wd<co Aue Renton 10. I (Nvly �I n (� 1'J r�uv Q1 � or 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. 23 /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 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 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 year 4. For the purposes of employer classification, separate entities will be considered a single employer if they form an integrated enterprise or they we 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 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 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. 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 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 thew 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 par 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. 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 -�ccnsr, 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 .Sa"O&,/atan Printed Name e C v -- 4 WkQ VW Street and Number 1234 Anywhere St. RN (%Y t135'. rL(('P^5 4 City Phone Number Renton 206-555-1234 Renton Renton Renton Renton Renton Renton /' P/ Renton 1 St__ Renton Email maria@something.org Date 4/10/2023 q; Z1Za�_ �/ 23� ? ,2 L/ 25 2 3 �r2 3 >2 �3 7 d z�la3l 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 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, bealthcare, 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 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shalt pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($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 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 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 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 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: 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 Of Canvasser: g 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: 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 s40`eel Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. 3d Renton 103 2.GV4ft-Ad. Renton 3. Jeo 17yey, S S - Renton 4. �b v� �^ Qi { �0( ;3( i�CstF'` S� Renton �1'�6A Renton ��/� 1/23 6. 7R k 2 -Ulf Renton I Go 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/IBT •- 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 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 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 he 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; Is. 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 sohdy 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 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 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. 5. N. 7 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 S2i°t� Printed Name 1234 Anywhere St. enton 206-555-1234 maria@something.org 4/10/2023 1c c56)4sa�F- /Ca 75 7 Cag-� I%Vc_ J, E, Renton`f- Renton Z/y,� Renton �60_ ✓! _ 5 04 Renton 2�c. 21���(�(y�u1—��i c«s� •a-eF C�/\y'� (J I"VlptrLe�1P Mard l�il'1 1�� i ( SC [631f V Renton 520-(CGZ— SZy2 Renton '! ),5 Z-41 L<1_2 Z l / ,Ail.. k_nc I-nr7-A-4 'i /+ // 07 Jh Qnntnn ,1 h 51_-�e c/- /-11 / 1n CP&n 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 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, regardlessof 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 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 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. 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 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 5a'ftA&`?1arM Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. 1'z4 PL_ Renton �? z a� 2. SRf .�—iL�� ' l(oCo2s 1Z� �L Renton �12�7 �Z3 3. C �(( `� 1(s(0 �Z �O�h *t Renton '�( 2 4. 30 /�6 �h lq'<' e Renton � zz� Z� \+� Renton / RentonJ— Renton �2z6' '1? 16'�ey &0 )6 l 16Y s�— Renton 11 - Iii" Avt ,6 Warning Renton Renton yS 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 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($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 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 fights 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, atsome 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) 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 1. 2. 3. 4. 5. 6. 7. 8. 9. 1c 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 S-?/0&T Printed Name Street and Number 1234 Anywhere St. City Phone Number Renton 206-555-1234 Email Date maria@something.org 4/10/2023 L,�1yl,�Q 5i� J WOOD 5 --z� f� -0_1K_ k �f iprT" Renton (1I�Q �/ (6Mt .5.L 4 � li oIll/ i.�R/ l (�/ Zoy / %* ?V775-6-- Renton I '5rer,4,e__ dye. G.i�j 71-O0- Renton 4i !Y- Gnu E r` lob%d7 Sc /�y `s Ln V3°� Renton / Renton 17 -�;02 lL'i b a- 1 n s r 1,9 vs�9' Renton cv'111, fl�k�uZi S f L�tJ S�ocj Renton Em SC 17s� LN APTCO-03 Renton 71zIZ Renton -�-- �,--�-- ' J�_l u )�I us SC j75� LA�_ � L 7� w�5 y.; � �I �� C� 1 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 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 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 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) 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 arenot 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 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 S'ao,*llote4 Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org I' 24-2_,j D-,(+, A•-, NE- 2. 'qo VY-) 91S0s� /{tnlo✓y L✓ 0. / b� S4- IC—C�Y� 4Cb Renton (zu'e C-Lt- Q Nl3 14" x -Cowes Renton ( yA5) K Date 4/10/2023 q2(1)N?-3 Renton a�% u ��.,w� ��w� J c 5C L4 6 Renton 3-D$ 3�g-oo�2 Sc�2��18� �wx (• �v Renton ��5` �W_^ 1�S5- �l AA-1 �CIS 1M I� _)-t v-1, Renton ( � S 322'�iK� jq S� 0et,n H+ T5 rt�U WcLu s� Renton - -- c �✓� IS $12- (Zyth +116/ 5f, J Renton (Nr , 10� �'�` /'z� 2AC/23 702_ (o . yLati _ _ w G rjvvl �^ i Renton 2° b 62/_< 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 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 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. 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 terms and conditions of employment, 4. No employer or any other person shall communicate to a person exercising rights protected order 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 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 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: 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 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 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 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 1. 2. 3. 5. 0 7 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 samA&`7/orm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org Date 4/10/2023 16 % S,=,— Renton :7 r I -dGI.o✓'L'd e)c;z O�tdlL1�� '�%J ,A, &YA2 y✓ie CVDWAC"— I102- Si 110 -Renton 2r(o•22-7.�q;12V KCqH 2-K69'Z4v4rAn1,Cw� 2-7�uKQ_2_c2 d ZZC 7 A A-() e Renton Renton Renton B y - .S/ 7- F0 gIsc-5 ;Z91 lti `Cd. Renton Renton ?_a`� — �,51-06¢( 20 t 5 T�i ��� �J, S Renton �`'( 6/Z b/2: Pill INI 05 Renton 31 F - l J� 1�J4 6/2�/ z3 l 1 1 4(/ Renton Ll°``�ar , S' � . �? d �) 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. 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 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 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: 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. 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. 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 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. Anew 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 SaHt�e`Uot�c Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 1. Jo��t �<. C'g074 123��� L �� RentonZ5 2. v`�'� �� �_ Renton l 3�53 (�u12� �JLjI Z� 3. c�/¢ ZZID SE %Z ` sf Renton ` y f �4 Renton- �PI ZJ /Z 5. 72 / 6 I�� S Renton 9 f' � Renton 6. 2PA Y�V1� I r 7. CT �-1J (L� T J � Z � / ✓�' j � Renton /2 I A S Renton 9. ��/ I lD. v(✓ SL Renton 10. 4 UiD 01. rC�G /%�� �Jfz. _ Jh�rA F' �. S YJ •C� D, 15� /1/ llo o i�G1 ��2,�n. 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 933 M guilty of a misdemeanor.® wG g B~ 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 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 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 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 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 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. 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 distributtag 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 anetwork 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 t Date ( 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 s p�0&% Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org M i:AMAV#/nMlL�9011E 10. /05C 4�'i Lr AzS ?e- C�- Renton ZO3 i�/L Renton `;l3$��ft 5 ,1-C Soo3 NE L �? 4 c-� Renton V ,15 3 o 6 76 7 C ;�z SZoZ NC fsf>n Pig 5��/y ti Renton " _ (P ( �L G9 Renton �/�/_ �'/_ sz% 7far-XiWerg nton 5& 17-1 -C N- S-r. ART G-[o7 Rento Renton zv("4�� 2 I .4- 2 qq1 Date 4/10/2023 2 a/2/z 6�, as . a3 C+?/2A/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. -a$ - .�3 AN ORDINANCE concerning labor standards for certain employees. Section 1. Findings. 1 r , 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 ($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 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 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: 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 1 2. 3. 4. 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 SaHa/iFe`Uoten Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 TIg 511Ca✓t I 225 L69fiV2 AVV S kpr 2(1 Renton '13ZO ,i Renton �0�13�23 1"t " as, Nc� tub Pr, 56 2 3 5 3 rt tea 0- � 6. 9. 10 Renton Renton Renton RZs race ,,oft CPgOE Renton Renton Renton r ODD Renton Renton Z53 -2.?3 —0(00 &0 9 -3o(p 2yo z V//3).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- in g of a misdemeanor. sign, or who makes herein any false statement, shall be election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to Q ����—,g�.,� 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 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 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 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 competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shell 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 fors 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 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: Phone Number: Raising The Minimum Wage In Renton 1 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 Sa�u/z�e9/or�c Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 lzo� VA W rh P L Renton S�Cj V ��Y1 Renton N — 00 Gi k 2 4 011m4 T ( CP23 j Renton (01Z) 4. Renton Renton s. 6. 7. s. 9. 10. /2 3/Z tu�23J2�i A4fiG� �9t l+evNBtyt �b?.D Q�Py��pn Q j S Renton �Li3J ��. y��� G(23r23 C�l��✓ ` �Vi OS��illVRenton 1Z�L_%�L2I'� J" !,t"rI; x � 4 -2�-'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. ®==GCCflBTr- 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 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 petty 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 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 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 It. 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°I/m?'T Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 N Il�s�l`1S�hLr�Y, 10 Ip%q Renton p)-)—Po3 Ce ton A Renton )nto l l2 6 Z Ar—ZD 4 �'� s� V Renton es� a.5 (o �� S 2 7 e Cv/l��_ell 0Cb t4AA Renton Renton Renton Renton �� 7 �� Olril1 lit V—�I Renton ✓� "�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 larastjob 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 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 revokeany 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 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 beseparate 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 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 I. X /-6wjit Y) L.e.Ld&_= I/eyy ✓l15D �_C)v\e `k'5 4022, G�-k �_ye S,J Renton 2. 3. 4. 5. 6. 7. 8. 9. 10. Renton�7,3b�23 v I Renton S/ 36/l�' Renton 3a I Renton �40( / l�OkA(�� �_jZyjco1 1 1D00 S�, 2 Z VO V Renton 5I30/z 3 f K C,J-'7'rCt4v /e��_ S Renton Renton S66 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. 21 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 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 we 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 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 5.5.4 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 Wa9-e In Renton sv; 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 sawlzz& teem Printed Name 1234 Anywhere St. I. ' lAd ll)" UPGY­� t--A ck 6 � City Phone Number Renton 206-555-1234 Email maria@something.org r� p Renton -1t - 1 -)4 rnr r-' .,..",nn�z F Ak- I- P 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. ® GCC/IBT 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 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 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. i;v... - 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 hadat least one employee. For employers that did not have any employees during tke 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 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 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 perforance 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 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-relateda.ryt, 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. :ti)•Q, 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' acpess 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.ininimum 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: 40 Raising The Minimum Wage In Renton 1. 2. 3. 4. 5. 6. 7. s. 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 s`U0 Printed Name Printed Name Street and Number 1234 Anywhere St. 2 a 5. City Renton Renton Phone Number Email 206-555-1234 maria@something.org Date 4/10/2023 •� P ( �v n Renton �Q9'7� ! . 3 •Z3 Renton 7< V I C6VI Renton asa 7�1�1 3 lJIA0,5paQ rZ04 61 SIC vjL`i 6 Renton -7 l F O 31� S� Renton ZQIoS - 1j2z 3 �3 14(.036 1�i2� Sqq} Renton �- LI `a ` S 5 3 �G Renton Q (. 1. /�— •— C.�v� 1�Y1 Q S1�Cr �Wo� �� ���, SLR I'd �Sf. Renton 9-ru t9 fl g 1-Aka-v a• Ai ., 5 -}v`7 /31(d.w.) At u Renton ID ?i2$ li G 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 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 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 rateof 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 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 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 thenjob 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 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 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 04s;� 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 .Sa,Aec%rm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org � M C241 . i Renton o� t� Renton -7r't 3(--1 3sro 5 Date 4/10/2023 iI21Qs �g��/ /7 -7 /CV, -3 Renton 2.94 - 21-1 1( �> � lei Un i , V 1 v� 0— eykd� �' l �e 1 � 3 4. ft(vt 7'e4 u - 4U'V-F1f1K (91P7(. SP l 56'— Renton Z.o (- 4f 8y Z297 Lkk'c,�v�14 4 vl Renton 6.//��_�' CJ�G Mac✓ 7 e ra 530 wtor.5 4\jj- 5 Renton &'UVlc�.M wl &U'60. ecl 7 Renton Yf0( LU '7� � 1Z T F'a�z Se �Q1 Renton (Z�3) �'3� � yt3ucuaYiCa� wta,�,CP1Wi I'3 0`3°�,ea�r„n,czce_Q6)uL,,_ �t�gnne�a�'�I-��s ITZ2 Morrise� Renton 7 -'Z3 10. VWhA / W I hv1 V'1t 'S W a' �'111( S �I D l-lh Ceti &M Sr Renton 4W "�2I 5*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 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 ($2) per hour. 2. Effective July 1, 2025, other covered employers shall pay employees not less than the hourly minimum wage established under Section 3 minus One Dollar ($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 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 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 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 aperson 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. Rulemoking. 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 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: 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 Saco&-G°tT , Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 lw!wzff" 3. m 5. 6. 7. 8. 9. 10. R�' N�Qvi v � - 5-V,/l e," s t6 �w� p'� Renton U� ��_37 Renton Renton L 0-5q I- 3531�/' ' 'j V-\ Sa Go\. Co' -� 1)a)-3 s/--�/�— /��. ��c^✓/ems ���� ail+% �1 rl. Renton 1- &Ql I 1WL ( )/�i�1i I 1f/ ' I (L Renton of �� , /S L14 N I1744i Renton 6$ 250 1 73� Cocjr � % 2 gZo Renton f S �k� Renton 0(94�"O I b fr Renton t0- qw- W) 1 �h I L) 10FRenton 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 eam 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 lean 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 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. 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 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 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 1. 2. 3. 9 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 S ti0z�z Printed Name Printed Name PA m N Au,:E N Street and Number City Phone Number 1234 Anywhere St. Renton 206-555-1234 I ✓imt� AUK. Pt Renton �MvwwUVVWV sip � ' �1414 OIL Renton Email maria@something.org Date 4/10/2023 195134(pl Ik1fN(A1AjP -0.Coh-. 4?/lz%3 Renton (�"r'- f �D- 75� f��12�23 I'fj Z A��% �`Y� \. 51` _ �L�� Renton o) �—517z"p- /S f / ''r t ✓7d °,v 0'(i Genton 40 S� 4V1 '� 95 l� E L� J C7 (Renton (Renton ' j( oo %; 5 Z�s�'- C,6-1 (Re 0 V Al- kO Renton ZLl( /2°I-6C�- 622-1 C— Imo- z 66 Iz )23 0(d U-. V' 6 A > rn2 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 hows; 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 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 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 constmed 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. - 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 5-5-4 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 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: Canvasser Email and Phone Number: 40 Raising The Minimum Wage In Renton 1 3. 5. 6. 7 E 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 Date S7l0rm Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 P]_ Renton Renton v1 ZS— 1 07 - 7 / 7 Renton r II Renton 6 C.rin�rl�in 5 -I zG o%/ J9I �� J Renton 7� Renton � t Renton Altk CLOPffrt �-\E%y �0� �A/44LAf /V 0�7y Z9652 �(nn l GY to �1nt�� �Zo5 ►J J04, V�� RB� 21°5 Renton J�/�()� �t \GYM �AC1�J�✓ I II oL Renton `-%—`��`,l G✓E �jCGVIGIM �� N �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. 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. 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. 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 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 5-5-4 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 beans 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 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 Sa.wj�Fe'Uate� Printed Name 1234 Anywhere St. Renton 206-555-1234 maria@something.org 4/10/2023 i 1. % �� v" l (,GC a-c� li¢! e SL Renton � 2. / -tj`-4 Renton IV\t� tG55�� v . C� �^^ r�,, JI a ' )"") f1 ��3. � C'i 0 � C `a Oe" ! b o i u v(, -d (l I Renton _ ) Z �jy rJ 6 e_y ll�— %00 Z_UI4e we, , , le-( VvIlito Q�/ C6 r(, Renton %fob Renton Renton &)?�L u 0 ey, Renton Renton y-23 ' '` Renton �3—�5',��l��h ��yJ/T/� � �; i23 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 die 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, mid 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 One 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; mid 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 Seett'on 3 minus One Dollar ($1) per hour. 3. Effective July 1, 2021, 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 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; mid C. Seek similar forms of relief. d. Employees shall not be considered dissimilar solely because their claims seek damages that differ in amount, or thew 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: 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 SeaTae, 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 mid 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: 4 Date Canvassed: vasser Email and Phone Number: