Update on Jurisdictions Exceeding Washington State’s Minimum Wage in 2025: Burien and Everett

As we discussed in a previous blog post, the Washington State minimum wage increased to $16.66 per hour on January 1, 2025. This new state wage also impacts the salary levels for the white-collar exemptions from the minimum wage.

In a separate blog post, we also discussed the minimum wages in multiple jurisdictions within Washington that exceed the Washington State minimum wage, and which also increase each year to account for inflation, including Bellingham, Renton, SeaTac, Seattle, Tukwila, and unincorporated King County.

These updates continue as Burien voters recently approved a ballot measure to align Burien’s minimum wage ordinance with Tukwila’s ordinance, and Everett joined the jurisdictions increasing their minimum wage to exceed Washington State’s minimum wage.

Burien

Beginning January 1, 2025, Burien has a new minimum wage ordinance (“Ordinance”) that was enacted by the Burien City Council. But very quickly thereafter, the landscape became confusing for employers because in February 2025, Burien voters passed a ballot measure that enacted a separate minimum wage law that took effect on March 13, 2025 (“Ballot Measure”).

Many aspects of the two different laws are inconsistent, at best. So much so, in fact, that the City filed a complaint in King County Superior Court asking the court to prevent the City from adopting or enforcing the ballot measure. While we anticipate that at some date the differences will be reconciled, until that happens cautious Burien employers are advised to comply with the requirements of both the Ordinance and the Ballot Measure.

Some of the key differences between the two laws that Burien employers should be aware of include different methods for counting employer size, different pay rates, availability of tip credits, requirements to offer hours to part-time employees, and whether small employers are covered. One thing that is true of both: the rates will increase each year for inflation.

Existing Ordinance

The required 2025 Burien minimum wages for nonexempt employees under the Ordinance:

Size of Employer	Ordinance 2025 Minimum Wage
Large: 500+ FTEs in King County, or franchisors who in the aggregate have 500+ FTEs	$21.16 per hour
Medium: 21-499 FTEs in King County	$20.16 per hour

Employer size under the Ordinance is determined by total FTEs in King County.

The Ordinance does not apply to employers with 1-20 FTEs in King County.

The Ordinance permits employers to credit tips and medical plan expenses as an offset against the portion of the Burien minimum wage that is greater than the state minimum wage.

Under the Ordinance, employees who believe they are not being paid correctly must provide notice to the employer and a chance to cure before they can file a lawsuit.

There is no requirement under the Ordinance to offer additional hours to part-time employees before hiring new employees.

New Ballot Measure

The required 2025 minimum wages for nonexempt employees under the Ballot Measure:

Size of Employer	Ballot Measure 2025 Minimum Wage
Large: 500+ employees worldwide, or franchisors who in the aggregate have 500+ employees	$21.10 per hour
Medium: 16-500 employees, worldwide, or franchisors who in the aggregate employ 16-500 employees	$19.10 per hour
Small: 0-15 employees worldwide	$18.10 per hour

Employer size under the Ballot Measure is based on total number of employees (both exempt and nonexempt, full-time and part-time) worldwide, not FTEs in King County like the Ordinance.

There is no small employer exemption under the Ballot Measure.

The Ballot Measure does not allow a tip/medical expense offset against the higher Burien minimum wage.

There is no requirement that employees provide notice and chance to cure under the Ballot Measure.

Additionally, beginning September 9, 2025, the Ballot Measure requires employers with 16 or more employees worldwide to offer additional hours (up to 40 in a week) to part-time employees before hiring additional employees, contractors, or temp agency/staffing employees.

“Which Burien minimum wage do I pay?!”

It could be difficult for some employers to determine which minimum wage they must pay. Employers need to evaluate their status under the Ordinance and the Ballot Measure separately to determine which minimum wages apply to them, then pay the higher applicable minimum wage. Consider the following examples:

• An employer has a total of 20 employees, but all are part time and there are 10 FTEs. This employer has no minimum wage obligations under the Ordinance, but under the Ballot Measure must pay Burien employees $18.10 per hour in 2025.
• An employer has 25 FTEs in King County. Under the Ballot Measure, the applicable 2025 minimum wage is $19.10 for medium-sized employers, but under the Ordinance it is $20.16 per hour. This employer will have to pay at least $20.16 per hour to its Burien nonexempt employees in 2025.
• An employer has 550 employees total, but only 400 FTEs in King County. Under the Ordinance, this employer is a medium-sized employer required to pay $20.16 per hour in 2025, but under the Ballot Measure, this employer is a large employer required to pay $21.10 per hour. This employer will need to pay its Burien nonexempt employees $21.10 per hour in 2025.

Everett

Everett voters recently adopted an Everett minimum wage law. Effective July 1, 2025, the applicable minimum wage that must be paid to nonexempt employees working within the city limits of Everett varies by employer size and annual gross revenue:

• Large employers (those with more than 500 employees worldwide) must pay Everett nonexempt employees at least $20.24 per hour.
• Employers with 15-500 employees worldwide, or have annual gross revenues over $2 million, must pay Everett nonexempt employees at least $18.24 per hour.
• Employers with 1-14 employees, and gross revenues less than $2 million, are exempt from the Everett ordinance. They must of course pay Everett nonexempt employees at least the state minimum wage of $16.66 per hour.

The Everett minimum wage will increase each year for inflation. For employers with 15-500 employees or annual gross revenues over $2 million, the full Everett minimum wage is being phased in over two years. By July 1, 2027, all employers with 15 or more employees or $2 million in gross revenues will be required to pay the full Everett minimum wage.

Employer size is determined based on the number of employees worldwide, regardless of whether they are full- or part-time employees, and the employer’s gross revenues.

There is no tips or medical expenses set-off against the higher Everett minimum wage.

Additionally, Everett’s minimum wage ordinance requires employers with 15 or more employees worldwide to offer additional hours (up to 40 in a week) to part-time employees before hiring additional employees, contractors, or temp agency/staffing employees.

The legal issues impacting this topic are and will continue to be ever-changing (Employment Law in Motion!), and since publication of this blog post, new or additional information not referenced in this blog post may be available.

This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.