EPLI for Restaurants and Hospitality in Washington and Idaho

Restaurants and hotels face more harassment claims, including from customers, plus wage claims that EPLI excludes. Washington has no tip credit, so tipped staff earn the full $17.13 state minimum in 2026 ($21.30 in Seattle); service charge percentages paid to staff must be disclosed; and breaks are required. Idaho allows a $3.35 tipped wage. Restaurants should buy EPLI with third-party coverage and fix wage practices that EPLI will not cover.

By Trella Commercial · Updated October 5, 2026

The short version

  • Harassment is the core EPLI risk in restaurants and hotels: late shifts, alcohol, and constant contact with the public. Third-party EPLI covers claims involving customers.
  • Washington has no tip credit. Tips and service charges cannot count toward minimum wage. The state minimum is $17.13 in 2026 and $17.73 in 2027; Seattle's is $21.30 in 2026.
  • Tips belong to employees. Washington allows employer-required tip pools among qualifying employees, but exempt managers and supervisors cannot share in them.
  • Service charges must be explained. Menus and itemized receipts must disclose the percentage of an automatic service charge paid to employees.
  • Breaks and minors are wage and hour issues that EPLI generally excludes, and frequent sources of complaints.
  • Hotels with isolated housekeepers must provide panic buttons, training, and a harassment policy under RCW 49.60.515.

Washington wage rules for restaurants

RuleDetailSource
Minimum wage$17.13 in 2026, $17.73 in 2027; 14- and 15-year-olds may be paid 85%L&I
Seattle$21.30 in 2026, $22.14 in 2027Seattle Office of Labor Standards
Tip creditNone: tips and service charges cannot be used toward the hourly minimum wageRCW 49.46.020; L&I
TipsMay not be used by the employer except to administer a valid tip pool among qualifying employees; exempt managers and supervisors may not be in the poolL&I policy ES.A.12
Service chargesItemized receipts and menus must disclose the percentage of an automatic service charge paid to the employee; the rule covers charges labeled gratuity, delivery charge, and similarRCW 49.46.160
Rest breaksAt least 10 minutes on the employer's time for each four hours; no more than three hours without a breakWAC 296-126-092
Meal periodsAt least 30 minutes, starting between two and five hours into the shift; no more than five consecutive hours without oneWAC 296-126-092
Paid sick leaveOne hour per 40 worked for nonexempt staff, including part-time and seasonalRCW 49.46.210; see paid sick leave

Minors

RuleDetail
PermitA minor work permit endorsement is required for each location before employing a minor (WAC 296-125-041)
School weeks, under 16Up to 3 hours on a school day, 16 hours a week, between 7 a.m. and 7 p.m. (WAC 296-125-101)
School weeks, 16 and 17Up to 4 hours on a school day, 20 hours a week, until 10 p.m. before a school day
Prohibited dutiesCooking and baking occupations are prohibited for workers under 16
BreaksUnder-16s need a meal break within four consecutive hours; rules were renumbered effective July 1, 2026

Idaho

RuleDetail
Minimum wage$7.25, tracking the federal rate
Tipped employeesDirect wage of at least $3.35, with the employer making up any difference to $7.25
Tip poolsTips an employee pays into a pool are not counted as tips that employee received
Discrimination lawThe Idaho Human Rights Act applies at five or more employees; see Idaho employment law

The EPLI risks specific to restaurants and hotels

RiskExampleCoverage
Harassment by a manager or coworkerA server reports a kitchen managerEPLI
Harassment by a customerA regular repeatedly harasses a bartenderEPLI, if the policy covers it; confirm
A customer alleges harassment or discrimination by staffA guest says they were refused service because of a protected classThird-party EPLI
Retaliation after a pay complaintA server who asked about the service charge split is cut from the scheduleEPLI (retaliation)
Tip pool or break violationsA class claim over missed breaks or manager tip sharingUsually excluded as wage and hour
Isolated hotel housekeepersMissing panic buttons or trainingStatutory penalties, not covered

A short compliance and coverage checklist

  1. Buy EPLI with third-party coverage, and ask how it handles harassment by customers.
  2. Audit tip pools to remove exempt managers and supervisors, and write the policy down.
  3. Disclose service charge percentages on menus and receipts.
  4. Schedule breaks and record them; a missed-break practice usually affects many employees at once.
  5. Get minor work permit endorsements for every location and train managers on minors' limits.
  6. Train managers on harassment and retaliation, and use the insurer's HR hotline before terminations.
  7. For hotels, comply with the isolated worker law for housekeepers and room service attendants; see workplace harassment.

See our restaurant insurance page for property, liquor liability, and the rest of the program.

Common questions

Can Washington restaurants pay tipped employees less than minimum wage?

No. Washington has no tip credit. Tipped employees must be paid the full state minimum wage, $17.13 in 2026, and tips and service charges cannot count toward it. Some cities, including Seattle, set higher minimums.

Can managers share in tip pools in Washington?

Exempt managers and supervisors may not participate in a tip pool, under L&I's administrative policy. Employers may require tip pools among qualifying employees.

Do restaurants have to tell customers where service charges go?

Yes. Washington requires menus and itemized receipts to disclose the percentage of an automatic service charge that is paid to the employee (RCW 49.46.160).

Does EPLI cover a customer harassing my employee?

Many EPLI policies cover employee claims that the employer failed to address harassment by customers, but confirm the wording. Claims by customers against your business require third-party EPLI.

Does EPLI cover tip and break claims?

Usually not. Tip pooling, break, overtime, and minimum wage claims are wage and hour claims, generally excluded from EPLI or limited to a defense sublimit. See the wage and hour gap.

Sources

This page is general information, not legal advice. Wage rates and rules were checked in October 2026; confirm current requirements with L&I or your city.

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