Voters approved Everett Initiative 24-01 in the Nov. 5 general election. Under the Everett Charter, the initiative became law upon certification of the election on Nov. 26.
While the minimum wage increases in Initiative 24-01 do not take effect until July 1, 2025, sections such as the requirement that part time employees shall have fair access to additional hours, retaliation prohibited, and enforcement took effect Nov. 26.
You can find the full initiative language here. Please familiarize yourself with the following sections in particular:
Part-time employees shall have fair access to additional hours (Section 5)
Employers must offer additional hours to existing employees who, in the employer's good faith and reasonable judgement, have the skills and experience to perform the work before hiring new employees or subcontractors.
Employers shall use a reasonable, transparent and nondiscriminatory process to distribute the hours of work among those existing employees.
Employers are not required to offer additional hours to an employee if it would lead to overtime.
Retaliation prohibited (Section 6)
Employers may not interfere, restrain or deny the exercise of, or the attempt to exercise any right protected under the ordinance.
Employers may not take an adverse action against an employee exercising his or her rights or indicate to the employee an employer will contact authorizes about potential immigration status issues.
Enforcement (Section 7)
A person alleging a violation of the ordinance may bring a civil action in a court of competent jurisdiction.
If the plaintiff is successful, they are entitled to attorney fees and costs.
Remedies include payment of unpaid wages plus interest, liquidated damages in up to two times the unpaid wages, compensatory damages and a $5,000 penalty if the aggrieved party was subject to retaliation. Interest accrues from the date the unpaid wages were first due at the higher of 12% per year or the maximum amount permitted under RCW 19.52.020.
Includes class action language.
In addition to state records retention requirements, the city may require additional records to confirm compliance with this ordinance. If the employer fails to retain the records, there is a presumption, rebuttable by clear and convincing evidence, that the employer violated the ordinance for the period of missing records.
In addition to city enforcement, the city may designate representatives, including city contractors and representatives of unions or worker advocacy organizations, to access the worksite and relevant documents.
The city attorney may enforce the ordinance and may contract with state, county or other municipalities.
The statute of limitations for enforcement is five years.
Reminder, the initiative does not apply to employers that either (1) employ fewer than 15 employees regardless of where those employees are employed, or (2) have an annual gross revenue of less than $2 million.
If you have additional questions, please contact John Lane, Director of Local and Federal Government Affairs at johnl@wahospitality.org.
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