(1) An employer that imposes an automatic service charge related to food, beverages, entertainment, or porterage provided to a customer must disclose in an itemized receipt and in any menu provided to the customer the percentage of the automatic service charge that is paid or is payable directly to the employee or employees serving the customer.

     (2) For purposes of this section:

     (a) "Employee" means nonmanagerial, nonsupervisory workers, including but not limited to servers, busers, banquet houseman, banquet captains, bartenders, barbacks, and porters.

     (b) "Employer" means employers as defined in RCW 49.46.010 that provide food, beverages, entertainment, or porterage, including but not limited to restaurants, catering houses, convention centers, and overnight accommodations.

     (c) "Service charge" means a separately designated amount collected by employers from customers that is for services provided by employees, or is described in such a way that customers might reasonably believe that the amounts are for such services. Service charges include but are not limited to charges designated on receipts as a "service charge," "gratuity," "delivery charge," or "porterage charge." Service charges are in addition to hourly wages paid or payable to the employee or employees serving the customer.

[2007 c 390 § 1.]