In a dramatic late-night move, and by a slim 4-3 majority, the Burien City Council voted on Monday, May 18 to repeal its own established minimum wage ordinance (Chapter 5.15 BMC).
This was an attempt to clarify the legal standing of a voter-approved initiative. However, the decision has left local business owners, workers, and legal minds deeply divided over what the city’s actual minimum wage is today.
According to City Communications and Public Engagement Manager Devin Chicras, the new ordinance aims to “repeal the minimum wage ordinance passed by council and clarify the ordinance passed by voter initiative (5.16).” The city is currently rushing to post compliance information to its official website ahead of the ordinance’s formal publication on Friday, May 22.
While the city administration views this as a path to enacting the voter-approved Initiative 1, local critics argue the move has backfired, creating an immediate legal vacuum.
The $17.13 Question: Did Wages Just Drop?
The central controversy rests on a pending lawsuit against the voter initiative. Because the city’s original ordinance is now gone, but the voter initiative is still tied up in court, stakeholders believe Burien’s minimum wage has effectively plummeted to the Washington State baseline.
One business owner who requested anonymity argues that the council cannot simply legislate away the ongoing confusion.
“The city can adopt rules to administer Initiative 1, but it cannot use rule-making to rewrite it as it is attempting to do,” the owner stated. “If the initiative does not clearly set a wage, which it does not, the council cannot simply pick one and call that clarification. Until the court determines whether Initiative 1 is valid and enforceable, Burien employers are left without clarity, and if no local wage law is enforceable, the default appears to be the Washington state minimum wage, currently $17.13 per hour. So effectively the City Council just lowered the Burien minimum wage back to $17.13 per hour for all sizes of employers.”
Local Businesses Left in the Dark
The lack of concrete answers from city hall has taken a heavy toll on the local business community. While the city’s official recommendation for confused employers is to hire private lawyers, many independent establishments say that is completely unrealistic.
Another Burien small business owner who requested anonymity expressed deep frustration with the city’s leadership and the total lack of guidance for mom-and-pop shops.
“The city of Burien has failed to provide reasonable guidance on minimum wage since the voter initiative passed,” the anonymous business owner said. “Most businesses do not have access to affordable legal guidance. Now it seems that Burien does not have a legally binding minimum wage law which means businesses can do whatever they want within the scope of state law. It appears that the majority of the city council has no idea what they are doing, they lack a clear strategy for the future of downtown Burien, and there isn’t even a city lawyer to ensure they are following any laws themselves.”
The Legal Knot: Administrative vs. Legislative Power
The core of the legal gridlock stems from how Initiative 1 was drafted. When the Transit Riders Union pushed the initiative forward, Burien already had its own minimum wage ordinance on the books.
The city previously argued in court that the initiative was invalid on 12 distinct points, notably citing unconstitutional vagueness and a violation of the Washington State Constitution by attempting to change city code merely by referencing outside laws (specifically tying Burien’s wage to Tukwila and SeaTac codes).
Furthermore, Washington case law heavily limits what local initiatives can do. Under the landmark 2025 Washington Supreme Court ruling Jewels Helping Hands v. Hansen, voters can pass new legislative policy via initiative, but they cannot use an initiative to interfere with or dismantle an administrative policy scheme that a city council has already adopted. Opponents argue that because Burien already had a wage system in place, Initiative 1 legally overstepped its bounds.
What Happens Next?
For now, city officials are advising confused employers to seek independent guidance, with Chicras noting that “any further questions about interpretation of the ordinance should be directed toward private legal counsel.”
Mayor Sarah Moore acknowledged the rollout complexities, stating that implementation details are currently being fully vetted by city staff to ensure accurate information reaches the public. As Friday’s publication deadline approaches, Burien businesses and workers are left waiting to see if the courts—or the city’s upcoming website update—can finally provide a definitive dollar amount.
