A Charter Amendment Prohibiting City Wage Regulation.
The People of the City of Seattle, exercising their power to amend the City Charter by popular vote under Article XX Section 2 of the City Charter, enact the following amendment to the Charter of the City of Seattle.
Section 1. A new Article XXIV entitled "Freedom of Association and Contract," is added to the Charter of the City of Seattle as follows:
Sec. 1. Findings and Resolution:
Whereas the minimum wage paid employees inside Seattle is already controlled by a state law enacted by voters in 1998. That wage is adjusted for inflation every January and now rests at $9.32/hour;
Whereas Washington State's $9.32/hour is the highest state minimum wage in the United States;
Whereas it is the right of every American worker and job creator to freely negotiate and agree upon a mutually beneficial wage; and
Whereas City of Seattle interference in wage agreements would harm small employers, charities, non-profit organizations, and eliminate many employment opportunities for those most in need; now, therefore, be it
Resolved that city regulation of wage is unnecessary and would damage our city.
Sec. 2. Wage Regulation Prohibited.
The City of Seattle possesses no authority to regulate, nor shall it regulate, a minimum or a maximum employee wage. The City of Seattle shall not regulate employee wages.
Sec. 3. Wage Regulations Repealed.
All wage regulation ordinances are repealed.
Sec. 4. Definitions.
A. "Agency" shall mean the Seattle Office for Finance and Administrative Services.
B. "Employee" shall mean any individual employed by an employer, and shall include traditional employees, temporary workers, and part-time employees.
C. "Employer" means any person who has one or more employees, or the employer's designee or any person acting in the interest of such employer. For purposes of this act, "employer" does not include any of the following:
1. The United States government;
2. The State of Washington, including any office, department, agency, authority, institution, association, society or other body of the state, including the legislature and the judiciary;
3. Any county or local government other than the City of Seattle.
Sec. 5. Notice and Posting.
A. The City of Seattle shall give notice that it possesses no authority to regulate wage level.
B. The Agency shall create and make available to employers a poster and a model notice, hereinafter referred to as the "Notice," which contains the notice:
"The City of Seattle possesses no authority to regulate, nor shall it regulate, a minimum or maximum employee wage. The City of Seattle shall not regulate employee wages."
The poster shall be printed in English, Vietnamese, Chinese, Japanese, Spanish and any other language that the Agency determines are needed to notify employees and employers of their protection from wage regulation under this Charter. The model Notice
will be printed in English. The model Notice will declare "Amended to the Charter of the City of Seattle by Citizens in Seattle, [year]." The Notice will be printed on paper of the same size and font as the City of Seattle Business Licence and will be
mailed along with every business license. The Notice will be made available for download from the Agency website.
C. Employers may display the Agency's poster in a conspicuous and accessible place in each establishment where employers and employees labor together for mutual benefit.
D. Employers may also include the Notice in employee handbooks or other written guidance to employees concerning employee benefits, if such written materials exist, or by distributing a copy of the Notice to each new employee upon hire. In either case,
distribution may be accomplished electronically.
E. An employer who does not post the Notice or an employee who does not read the Notice will be in violation of absolutely nothing.
Sec. 6. Construction Clause.
The provisions of this Article are to be liberally construed to effectuate the intent, policies, and purposes of this Article.
Sec. 7. Severability.
If any provision of this Article is declared illegal, invalid or inoperative, in whole or in part and/or in any particular circumstance, by the final decision of any court of competent jurisdiction, then all portions and applications of this Article not
declared illegal, invalid or inoperative, shall remain in full force or effect to the maximum extent permissible under law.
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