March 18, 2016
Practice Group:
Labor, Employment
and Workplace Safety
Don’t Get Fooled on April 1 – Ensure You Meet the
City of Seattle’s April 1 Deadline for New Employee
Information and Posting Requirements
Labor, Employment and Workplace Safety Alert
By Suzanne J. Thomas
The City of Seattle recently amended four labor standards ordinances: Paid Sick and Safe
Time, Fair Chance Employment (previously Job Assistance Ordinance), Minimum Wage, and
Wage Theft. The Labor Standard Ordinances are enforced by the Seattle Office of Labor
Standards (OLS). OLS summarizes these ordinances as follows:
•
Paid Sick and Safe Time1 – requires employers to provide Seattle workers with paid
sick and paid safe time for use when an employee needs to take time off from work
for the employee’s or family member’s illness or a critical safety issue, including
domestic violence, sexual assault, or stalking.
•
Fair Chance Employment2 – restricts how employers can use conviction and arrest
records during the hiring process and employment.
•
Minimum Wage Ordinance3 – sets the minimum wage in Seattle. It will gradually
increase to $15/hour.
•
Wage Theft4 – allows OLS to investigate workers’ complaints of nonpayment of
wages and tips. It also requires employers to provide written notice to employees of
their wages, tips, how they get paid, and other information.
Some of the recent amendments require Seattle employers to provide employment
information to workers, and post new workplace posters regarding the amendments, by
April 1, 2016.
Requirement 1 – Employment Information Must Be Provided to All Employees
Under the Wage Theft Ordinance, a worker information sheet must be given to exempt and
nonexempt employees. Employers must provide employees with written information that
includes pay itemization, including gross wages, earned tips, pay basis (hour, shift, day,
commission), and other information listed below. This information must be provided in
English and in the primary language of the employee(s) receiving the written information.
Employers must give this written notice at time of hire and before any change to such
employment information, or as soon as practicable for retroactive changes to such
employment information, pursuant to rules issued by OLS. Effective April 1, 2016,
1
Seattle Municipal Code 14.16 et seq.
Seattle Municipal Code 14.17 et seq.
3
Seattle Municipal Code 14.19 et seq.
4
Seattle Municipal Code 14.20 et seq.
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Don’t Get Fooled on April 1 – Ensure You Meet the City of Seattle’s April 1
Deadline for New Employee Information and Posting Requirements
employers must give this written notice to all employees who work for the employer as of that
date and to all future hires. If an employer fails to give this written notice, the failure will
constitute evidence weighing against the credibility of the employer’s testimony regarding the
agreed-upon rate of pay. The following information must be provided.
1. Name of employer and any trade (“doing business as”) names used by the employer;
2. Physical address of the employer’s main office or principal place of business and, if
different, a mailing address;
3. Telephone number and, if applicable, e-mail address of the employer;
4. Employee’s rate or rates of pay, and, if applicable, eligibility to earn an overtime rate
or rates of pay;
5. Employer’s tip policy, with an explanation of any tip sharing, pooling, or allocation
policies;
6. Pay basis (e.g., hour, shift, day, week, commission);
7. Employee’s established pay day for earned compensation due by reason of
employment; and
8. Pursuant to rules issued by OLS, other information that is material and necessary to
effectuate the terms of the Wage Theft Ordinance.
Each time compensation is paid, employers must give written notice that contains the
following information:
1. All hours worked, with regular and overtime hours shown separately;
2. All rates or rate of pay, whether paid on hourly, salary, commission, piece rate, or
combination thereof, or other basis during the pay period. Workers paid on rates
other than hourly or salary are entitled to a detailed printed accounting of
commissions, piece rate, or other methods of payment earned during the pay period;
3. Tip compensation;
4. Pay basis (e.g., hour, shift, day, week, commission);
5. Gross wages;
6. All deductions for that pay period; and
7. Pursuant to rules issued by OLS, other information that is material and necessary to
effectuate the terms of the Wage Theft Ordinance.
Requirement 2 – Employers Must Post a New Workplace Poster Issued by the
Office of Labor Standards for All Labor Standards Ordinances
Effective April 1, employers must post a workplace poster for all employees in a conspicuous
and accessible place at the job site. The poster must be in English and in the primary
language(s) spoken by employees. OLS will make a poster available that complies with this
requirement by April 1, 2016, and will begin to enforce the new poster requirement at that
time.
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Don’t Get Fooled on April 1 – Ensure You Meet the City of Seattle’s April 1
Deadline for New Employee Information and Posting Requirements
Requirement 3 – Employers Must Give Written Notice of Its Paid Sick and Safe
Time Policy
Effective April 1, employers must give employees written notice of the employer’s policy and
procedure for meeting the requirements of Seattle’s Paid Sick and Safe Time Ordinance,
including, but not limited to, the employer’s choice of benefit year; tier size; rate of accrual,
use, and carry-over of paid sick and paid safe time hours; manner of providing employees
with an updated amount of available paid sick and safe time hours each time wages are
paid; and notification requirements for absences and requesting leave. OLS will create and
distribute a model policy that employers may use for complying with this notice requirement.
This is No April Fools’ Joke – Employees and Others Can Bring a Private Right
of Action for Violation of Most of the Labor Standards Ordinances
As of April 1, employers with 50 or more employees are subject to a private right of action
under the Paid Sick and Safe Time, Minimum Wage, and Wage Theft Ordinances.
Employees or their representatives may file labor standards complaints with a court of law,
instead of filing a complaint with OLS. The private right of action goes into effect on April 1,
2017, for smaller employers.
OLS Takes Its Enforcement Powers Seriously
OLS will be proactive in enforcement efforts. The amendments increased OLS’s authority,
enforcement powers, and penalties for failing to comply with any of the Labor Standards
Ordinances. K&L Gates Seattle Labor, Employment and Workplace Safety group can help
employers navigate through the amendments to help them avoid traps for the unwary.
Author:
Suzanne J. Thomas
suzanne.thomas@klgates.com
+1 206 370 6642
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