Washington Employment Law Update – September 2016

Washington

Seattle Secure Scheduling Ordinance

On September 19, 2016, the Seattle City Council approved the Secure Scheduling Ordinance. The intent of the ordinance is to establish predictable work schedules for certain retail and food service employees.

The ordinance applies to retail and food service establishments with more than 500 employees worldwide, and “full service restaurants” with more than 500 employees and 40 full-service restaurant locations worldwide. Key provisions of the ordinance include:

  • Employers must give employees their schedules 14 days in advance. If an employer adds hours, the employee is paid for one additional hour of “predictability pay.”
  • If an employee is scheduled for a shift and sent home early, the employee is paid for half of the hours not worked.
  • A good faith estimate of workers’ hours is to be provided upon hire.
  • Employees have a right to decline any shift added to their schedule within the two-week notice period without fear of retaliation from their employer.
  • If the gap between a closing and opening shift is less than 10 hours, an employee is entitled to be paid time-and-a-half for the difference (addressing so-called “clopenings”).
  • The “access to hours” measure requires that employers give notice and offer hours to qualified current employees of new, additional hours available before hiring additional staff.
  • On-call protections measure, whereby employees will receive half-time pay for any shift they are on-call and do not get called into work.

The ordinance also has posting and recordkeeping requirements.

The ordinance goes into effect on July 1, 2017.

Read the Ordinance