Photo by kelly bell photography.

The D.C. Council has now officially repealed Initiative 77, the measure approved by voters in June that would have gradually eliminated the tipped wage.

What began as a protracted and oftentimes contentious battle during the primary season ended with a whimper in legislative session on Tuesday. The vote was 8-5, with the same councilmembers who voted against the measure two weeks ago similarly opposing the second vote: Ward 1’s Brianne Nadeau, Ward 3’s Mary Cheh, Ward 6’s Charles Allen, and At-large Councilmembers Robert White and Elissa Silverman.

In addition to repealing Initiative 77, the Tipped Wage Workers Fairness Amendment Act of 2018 also requires employers of tipped workers to be trained on the topics of sexual harassment and wage-theft laws, and to use a third-party payroll system that submits data to D.C.’s Department of Employment Services. That employment agency must also create a website with information about the city’s wage and hour rules, and the mayor must set up a tip line for workers to report wage theft.

Now, the repeal needs the mayor’s signature, which Mayor Muriel Bowser has said she will provide, and a standard 30-day Congressional review period to become law.

While 55 percent of voters came out in favor of Initiative 77 during the June primary, the council moved quickly towards repealing the measure, which faced strong opposition from the restaurant industry.

Right now, tipped workers earn a separate minimum wage (currently set at $3.89 an hour) and employers must make up the difference if their total earnings don’t equal the full minimum wage ($13.25 hourly). But advocates in favor of eliminating the tipped wage say the system is too complicated and makes it easy for bosses to commit wage theft.

However, opponents say that the measure would drive up costs for establishments, leading to lost jobs, higher prices for customers, and the shuttering of restaurants.

None of the councilmembers calling for the repeal spoke from the dais, but some opponents did.

“I want to be clear that today we are overturning the will of the voters,” Silverman said. “We are not protecting some of our residents who are most vulnerable to not getting paid fairly, and that’s what it is.”

This is the first time the D.C. Council has overturned a ballot initiative since 2001, when it repealed a term limit law.

Previously:
D.C. Council Votes To Repeal Initiative 77, The Tipped Wage Increase
As Some Councilmembers Push For Repeal Of Tipped Wage Initiative, Others Look To Compromise Bill
Seven Councilmembers Co-Introduce Bill To Repeal Tipped Minimum Wage Ballot Initiative
D.C. Voters Approve Initiative 77, Ballot Measure That Eliminates Tipped Wage