Burien Business Owners Grapple with Conflicting Minimum Wage Laws

Burien Business Owners Grapple with Conflicting Minimum Wage Laws

by Katie Kresly.

Burien business owners are confused about what they are required to pay their workers because there are two conflicting minimum wage laws in Burien. On February 11, 2025, voters passed Proposition 1 “Raise the Minimum Wage Burien,” which bumped up against Burien’s already active minimum wage law.

One law, Burien Municipal Code (“BMC”) Chapter 5.15, was passed by the city council in 2024 and went into effect January 1, 2025; it created a 3-tiered minimum wage based on a collaborative community effort.

A second law (Prop 1 initiative), which created the conflict, was passed by Burien voters in a special election on February 11, and it is set to go into effect soon, but the exact date is unclear.

The initiative-based law includes stiff penalties for non-compliant businesses, so business owners we spoke with are understandably concerned about “When?” “If?” “How much?” And importantly, “How can I not get sued?”

Owners have been asking each other, the City of Burien, and Burien council members for guidance, but no one seems to know, and if they did, they are not at liberty to share. 

At the March 24 city council meeting, City Manager Adolfo Bailon answered Councilmember Alex Andrade’s question, acknowledging the confusion based on the conflicting wage laws. He said that because the city was waiting for guidance from the courts, the only advice he could give was for business owners to seek their own legal counsel.

Early on, the City of Burien warned about the potential conflict and the confusion it may bring. They included the following advisory in their Prop 1 Initiative Explanatory Statement:

“Because Burien has a minimum wage law, and Measure 24-001 is not a referendum, if enacted, Burien would have two minimum wage laws. This will likely result in confusion and potentially expensive litigation. Additionally, Burien residents, workers, businesses, and the Burien City Council would lose the right to determine minimum wage-related laws based on RCW 35.17.340, since petition ordinances cannot be repealed or amended except by a vote of the people. Tukwila would control Burien’s minimum wage.”

On February 21, King County Elections certified that Proposition 1 had passed. 

On February 25, 2025, the City of Burien filed a complaint against the Transit Riders Union and Katie Wilson (sponsors of Initiative Prop. 1), asking the courts for injunctive relief and a decision on which law to follow. 

See this article for further details on the legal challenge.

While the city, employers, and employees wait for a court ruling, everything appears to be on hold, but it is nerve-wracking for Burien business owners who want to comply with the law. 

According to a local business owner who prefers to remain anonymous, “If a business owner doesn’t start paying the minimum wage on the date the initiative goes into effect, then they can be sued and pay twice the unpaid wages, compensatory damages, penalties, and attorney fees.”  The business owner further said their attorney recommended erring on the conservative side to avoid getting sued.

Even the start date is slippery. It could be as early as March 23, as stated by Raise the Wage advocate Jennifer Fichamba at the March 24 council meeting, or late as April 12, depending on how the term “effective date” is interpreted.

This is an ongoing story; we will update you as more information becomes available.


See this article for further details:

https://burien.news/government/city-of-burien/city-of-burien-seeks-clarification-over-conflicting-minimum-wage-laws/

One Response

  1. Thank you very much to the “people” who think everyone owes them something and that everything should be free and also to the “people” who have this endless grudge against the City Council and think that doing “this” and everything else they possibly can is going to hurt the City Council but in all reality it hurts all who live and work in the City of Burien.

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