Washington, D.C., Initiative 82, Increase Minimum Wage for Tipped Employees Measure (2022)

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District of Columbia Initiative 82

Flag of District of Columbia.png

Election date

November 8, 2022

Topic
Local wages and pay
Status

ApprovedApproved

Type
Initiative


Washington, D.C., Initiative 82, the Increase Minimum Wage for Tipped Employees Measure, was on the ballot in Washington, D.C., as an initiative on November 8, 2022.[1] The ballot measure was approved.

A "yes" vote supported increasing the tipped minimum wage from $5.35 in 2022 to match the minimum wage of non-tipped employees in 2027.

A "no" vote opposed increasing the tipped minimum wage from $5.35 in 2022 to match the minimum wage of non-tipped employees in 2027.


Election results

District of Columbia Initiative 82

Result Votes Percentage

Approved Yes

132,925 73.94%
No 46,861 26.06%
Results are officially certified.
Source


Aftermath

Implementation

On January 17, 2023, the D.C. City Council passed legislation to postpone the implementation of Initiative 82 until May 1, 2023. According to the Council’s Legislative Information Management System (LIMS), the implementation date of Initiative 82 was March 8, 2023.[2]

Measure design

See also: Text of measure

Initiative 82 was designed to increase the minimum wage for tipped employees from $5.05 to match the minimum wage of non-tipped employees in 2027. As of July 1, 2021, the minimum wage for non-tipped employees was $15.20. The initiative established the following minimum wages for tipped employees:[1]

  • $6.00 per hour by January 1, 2023;
  • $8.00 per hour by July 1, 2023;
  • $10.00 per hour by July 1, 2024;
  • $12.00 per hour by July 1, 2025;
  • $14.00 per hour by July 1, 2026; and
  • equal to non-tipped employee minimum wage by July 1, 2027.

The increase did not apply to employees of the District of Columbia because their wages were governed by the Minimum Wage Act Revision Act of 1992, which established the minimum wage at $15.00 on July 1, 2020, and tied it to inflation.[1]

The act took effect after a 30-day period of congressional review following voter approval.[1]

In 2018, voters passed a ballot measure, Initiative 77, to increase the minimum wage for tipped employees. The D.C. Council voted 8-5 to repeal Initiative 77 on October 16, 2018.[3]

Text of measure

Ballot title

The ballot title was as follows:[1]

Initiative Measure No. 82
District of Columbia Tip Credit Elimination Act of 2021

Under current law, employers of employees classified as “tipped workers” may take a credit against tipped wages received by workers to satisfy the minimum wage guaranteed to all workers by law. The Initiative would gradually eliminate the credit, such that the mandatory base wage (currently $5.05 per hour, indexed to inflation) paid by employers shall increase until 2027, when the mandatory base wage matches the minimum wage established by District of Columbia law (currently $15.20 per hour, indexed to inflation). Tips continue as property of employees and will be in addition to the statutory minimum hourly wage.[4]

Full text

The full text of the ballot measure is below:[1]

Support

Yes on 82 2022 dc.jpeg

The DC Committee to Build a Better Restaurant Industry led the campaign in support of Initiative 82.[5]

Supporters

Officials

Candidates

Political Parties

  • Democratic Socialists of America (DC Metro area)

Corporations

  • Dr. Bronner's Magic Soaps

Unions

  • SEIU 32BJ

Organizations

  • DC Marijuana Justice
  • DC Women in Politics
  • DC for Democracy
  • Many Languages One Voice
  • National Center for Lesbian Rights
  • National Employment Law Project
  • One Fair Wage
  • Open Society Policy Center
  • Our Revolution
  • Patriotic Millionaires

Individuals

Arguments

  • Adam Eidinger, the campaign's treasurer: "This is where the citizens get to write the law. If the Council's not gonna help restaurant workers, a restaurant worker can write the law, propose it and put it directly to the voters."
  • Councilmember Janeese Lewis George: "There are seven states right now, including California, Oregon, Washington and Nevada, all who require full minimum wage with tips on top, and these states are faring very well. They have a higher restaurant job growth rate. What you're seeing is states who do have a one fair wage for workers are faring better. Their restaurant industry is growing, and their employment rate is steady."


Opposition

No on 82 DC 2022.jpeg

No to I82 led the campaign in opposition to Initiative 82.[6]

Opponents

Corporations

  • Darden Restaurants
  • Farmers Restaurant Group
  • Lettuce Entertain You Enterprises Inc.

Unions

  • Restaurant Association of Metropolitan Washington

Organizations

  • National Restaurant Association PAC (Restaurant PAC)


Campaign finance

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through July 20, 2022.


Ballotpedia identified one committee, DC Committee to Build a Better Restaurant Industry, registered in support of Initiative 82. The committee reported $309,302.88 in cash and in-kind contributions. One committee, No on I82, was registered to oppose the initiative. The committee had reported $312,635.99 in cash and in-kind contributions.[7]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $228,986.88 $80,316.00 $309,302.88 $303,585.07 $383,901.07
Oppose $291,059.00 $21,576.99 $312,635.99 $271,009.74 $292,586.73

Support

The following table includes contribution and expenditure totals for the committee in support of the measure.[7]

Committees in support of Initiative 82
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
DC Committee to Build a Better Restaurant Industry $228,986.88 $80,316.00 $309,302.88 $303,585.07 $383,901.07
Total $228,986.88 $80,316.00 $309,302.88 $303,585.07 $383,901.07

Donors

The following were the top donors who contributed to the support committee.[7]

Donor Cash Contributions In-Kind Contributions Total Contributions
Open Society Policy Center $206,000.00 $0.00 $206,000.00
Mintwood Strategies $10,000.00 $80,316.00 $90,316.00
Adam Eidinger $10,000.00 $0.00 $10,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the measure.[7]

Committees in opposition to Initiative 82
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
No to I82 $291,059.00 $21,576.99 $312,635.99 $271,009.74 $292,586.73
Total $291,059.00 $21,576.99 $312,635.99 $271,009.74 $292,586.73

Donors

The following were the top donors who contributed to the opposition committees.Cite error: Invalid <ref> tag; invalid names, e.g. too many

Donor Cash Contributions In-Kind Contributions Total Contributions
National Restaurant Association $100,000.00 $21,576.99 $121,576.99
Restaurant Association of Metropolitan of Washington $50,700.00 $0.00 $50,700.00
Darden Restaurants $25,000.00 $0.00 $25,000.00
Farmers Restaurant Group $20,000.00 $0.00 $20,000.00
Lettuce Entertain You Enterprises Inc $20,000.00 $0.00 $20,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the initiative.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org

Opposition

  • The Washington Post Editorial Board: " We opposed Initiative 77 in 2018. This year’s Initiative 82 is even riskier, given the fraught economic climate. ... Furthermore, the proposed system would almost certainly guarantee higher menu prices at a time of sky-high inflation and rising food costs. That would put more financial pressure on D.C. residents and deprive working families of opportunities to dine out — or even order takeout — on special occasions. Tipped workers are also increasingly speaking out about their qualms: Many stand to earn less if customers tip lower amounts or restaurants institute mandatory service charges, which are shared with backroom workers."


Path to the ballot

Process in Washington, D.C.

See also: Process for qualifying an initiative or referendum in Washington, D.C.

In Washington, D.C., the Board of Elections is responsible for overseeing the ballot initiative process. After the D.C. Board of Elections approves a petition for a ballot initiative, proponents have 180 days to gather a number of signatures equal to at least 5 percent of the voters registered citywide. Signatures from 5 percent of registered voters in five of eight city wards are required to meet the city's distribution requirement. Once signatures are filed with the Board of Elections, staff have 30 days to count and review the signatures.

Stages of this ballot initiative

On September 20, 2021, the D.C. Board of Elections concluded that the proposal conformed to the district's laws and published the ballot title.[1] On October 13, the Board adopted and issued the circulating petition for Initiative 82, allowing the campaign to begin collecting signatures. Signatures were due on February 22, 2022, for the initiative to appear on the ballot for June 21, 2022.[8]

On February 3, 2022, the campaign announced that more than 26,205 signatures were collected.[9]

On February 22, the campaign submitted 34,000 raw signatures to the D.C. Board of Elections.[10]

On March 7, Valerie Graham, a local bartender, filed a challenge to the validity of the initiative petition with the D.C. Board of Elections. The Board had 20 days from the filing date of the challenge to make a decision. The Board's decision can be appealed to the D.C. Court of Appeals.[11]

On March 24, 2022, the D.C. Board of Elections considered the results of random samples of signatures for the initiative. The board voted to conduct a full check of signatures from Ward 6.[12]

On April 6, the D.C. Board of Elections announced that the campaign had submitted 27,026 valid signatures and that the initiative would appear on the November ballot rather than the June primary ballot.[13]

On August 31, a panel of three D.C. appellate judges ruled against plaintiffs who argued the signature verification process had procedural errors, maintaining the initiative would appear on the ballot.[14]

On September 4, the plaintiffs requested that the full court of appeals rehear the case. On September 8, the court rejected the request.[15]

How to cast a vote

See also: Voting in Washington, D.C.

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Washington, D.C..

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 D.C. Board of Elections, "Initiative 82," accessed December 22, 2021
  2. DCist, "D.C. Council Votes To Delay Minimum Wage Increase for Tipped Workers To May," January 17, 2023
  3. WTOP, "DC Council Again Contradicts Voters' Will on Tipped Worker Wages," October 16, 2018
  4. 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. DC Committee to Build a Better Restaurant Industry, "Homepage," accessed December 22, 2021
  6. Vote No on 82, "Home," September 10, 2022
  7. 7.0 7.1 7.2 7.3 D.C. Office of Campaign Finance, "Financial Reports," accessed April 13, 2022
  8. DC Committee to Build a Better Restaurant Industry, "DC Board of Elections Issues Circulating Petitions for Ballot Initiative 82," October 13, 2021
  9. DC Committee to Build a Better Restaurant Industry, "Initiative 82 Organizers Have Gathered Enough Signatures to Qualify for the DC Primary Election Ballot," February 3, 2022
  10. NBC Washington, "DC Tipped Wage Initiative Likely to Go on Ballot — Again," February 22, 2022
  11. Washington City Paper, "Bartender Challenges Initiative 82 Signatures, Marking a Renewed Fight Over the Tipped Minimum Wage," March 10, 2022
  12. D.C. Board of Elections, "Special Board Meeting 3-24-2022 Part 3," March 24, 2022
  13. DCist, "D.C. Elections Board Says Tipped-Wage Initiative Can Appear On Ballot, But Later Than Expected," April 6, 2022
  14. Washington Post, "D.C. tipped wage initiative remains on ballot after appeals court ruling," August 31, 2022
  15. Washington Post, "D.C. I-82 foes hope last-ditch appeal will keep measure off ballot," September 4, 2022
  16. D.C. Board of Elections, "Election Day Vote Centers," accessed May 5, 2023
  17. 17.0 17.1 17.2 District of Columbia Board of Elections, "Register/Update Voter Registration," accessed May 5, 2023
  18. D.C. Law Library, "Code of the District of Columbia § 1–1001.07. Voter," accessed May 5, 2023