On February 25, 2025, the City of Burien filed a complaint in King County Superior Court seeking a declaratory judgment on Burien Initiative 24-001 (“Initiative 1”). Voters approved Initiative 1 in the February 2025 special election.
The following is Burien’s legal position regarding Initiative 1 and the rationale for Burien initiating a declaratory judgment action in King County Superior Court.
- Before Initiative 1 was submitted to King County Elections, Burien established a citywide minimum wage in Burien, which went into effect on January 1, 2025.
- The complaint alleges that Initiative 1 did not repeal Burien’s existing ordinance and failed to mention it as required by law. Thus, based on the complaint’s allegations, Burien voters unknowingly voted to have two competing or contradictory ordinances. As a result, Burien has asked a court to determine which ordinance applies.
- More specifically, the complaint alleges Initiative 1, in Section 3, states, “every large employer must pay to each employee an hourly wage of not less than the “large employer minimum wage rate” in effect in the City of Tukwila pursuant to Tukwila Municipal Code Section 5.63.” The complaint then notes that Tukwila Municipal Code Section 5.63.040 states that large employers shall pay “an hourly wage of not less than the 2022 ‘living wage rate’ in the City of SeaTac” under “SeaTac Municipal Code Section 7.45.060.” Finally, the complaint asserts that SMC 7.45.060 does not state or describe a minimum wage; it addresses additional labor standards for hospitality and transportation employees and fails to provide a minimum wage.
- The complaint also asserts that even if Initiative 1 provided the publicized minimum wage, in Initiative 1, Section 11, the initiative states it does not preempt a law “that provides greater wages or compensation.” Burien argued that based on Initiative 1’s language, Burien’s preexisting ordinance that provides at least a higher wage for larger employers would be the applicable law.
Understanding that Burien residents, employees, and employers require absolute clarity on Burien’s minimum wage law, Burien has asked the Superior Court to provide guidance. Burien will continue to inform its community about these proceedings.
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