Beginning July 1, 2017, Seattle has a new Secure Scheduling requirement for hourly employees who work at large food services and retail establishments within Seattle city limits. The law requires employers to provide secure schedules and to offer any additional available hours to existing employees before hiring external employees.
The Seattle, WA Secure Scheduling Ordinance applies to:
- Employees that work for a covered employer at least 50% of the time within City limits.
- Retail and food service establishments with 500+ employees worldwide.
- Full-service restaurants with 500+ employees and 40+ full-service restaurant locations worldwide.
The Ordinance requires employers to:
- Provide a good faith estimate of the median hours an employee can expect to work per week.
- Post employee’s work schedule two weeks in advance of work.
- Engage in an interactive process to discuss employees’ schedule requests.
- Grant schedule requests related to a “major life event” (transportation, housing, other jobs, education, caregiving and serious medical condition).
- Keep from “clopening” (scheduling shifts separated by less than 10 hours). Pay time and a half for clopening shifts requested by employee.
- Post notice of availability of additional hours 3 days before, except that an employer may offer additional hours on shortened notice by a mass communication or in person offer when a scheduled employee is not able to work.
- Pay a premium for schedule changes (pay 1 hour extra when hours are added, pay for half of the hours when hours are subtracted).
- Exceptions to premium pay: 15 minute additions or subtractions, employee shift swaps, disciplinary subtractions, and business interruptions.
- Display the Secure Scheduling workplace poster in a conspicuous and accessible place at the worksite. Employers must display the poster in English and the employees’ primary language(s).
Employees have the right to decline unscheduled hours. Employers are prohibited from under-scheduling and retaliation. The Office of Labor Standards (OLS) provides technical assistance and training to employers and enforcement services to employees. Contact information for OLS is provided.