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SEATTLE OFFICE FOR CIVIL RIGHTS

Seattle Office for Civil Rights Rules
Chapter 70

 

EMPLOYEES                                  

SHRR 70-040 Alternative and limited Seattle schedules

  1. Employer location. Employees who perform work in Seattle are covered by the Ordinance regardless of where their employer is located.
  2. Telecommuting in Seattle. Employees who perform work for an employer by telecommuting are covered by the Ordinance for hours that they telecommute in Seattle.
  3. Telecommuting outside Seattle. Employees who perform work for an employer by telecommuting are not covered by the Ordinance for hours that they telecommute outside of Seattle.
  4. Work outside of Seattle. Employees who perform work outside of Seattle, even if the employer is based in Seattle, are not covered by the Ordinance for hours worked outside of Seattle.
  5. Occasional basis. Employees who typically perform work outside of Seattle but work in Seattle on an occasional basis are covered by the Ordinance if they perform more than 240 hours of work in Seattle within a calendar year.
    1. Employees who perform work in Seattle on an occasional basis are distinguished from traditional employees, temporary workers and part-time employees with a reasonable expectation of performing more than 240 hours of work in Seattle.
    2. Once an employee who performs work in Seattle on an occasional basis is covered by the Ordinance, that employee shall remain covered by the Ordinance for the current and following calendar year.
    3. The requirement to track hours of occasional basis employees starts on the date this Ordinance goes into effect, September 1, 2012.
      1. Tracking hours worked in Seattle may be delegated to employees if the employer meets Ordinance requirements for notice and posting and provides employees with a reasonable system for tracking hours.
      2. Tracking total hours worked, rather than hours worked in Seattle, is permitted if the employer meets Ordinance requirements for provision of paid sick/safe time regardless of where work is performed.
  6. Stopping in Seattle. Employees who travel to Seattle and make a stop as a purpose of their work (e.g., to make pickups, deliveries, sales calls, etc.) are covered by the Ordinance for all hours that they perform work in Seattle, including travel within the city to and from the work site(s).
  7. Travelling through Seattle.
    1. Employees who travel through Seattle, but do not stop in the city as a purpose of their work (e.g. to make pickups, deliveries, sales calls, etc.) are not covered by the Ordinance for the time spent travelling through Seattle.
    2. Employees who travel through Seattle and only make incidental stops (e.g. purchasing gas or changing a flat tire) are not making a stop as a purpose of their work.

SHRR 70-050           Temporary workers

  1. In general. Temporary workers are covered by the Ordinance if they perform work in Seattle. See 14.10.010(J).
  2. Off assignment. If a temporary worker is not on assignment in Seattle, an employer is not required to permit his or her use of paid sick/safe time..
  3. Staffing Agencies.
    1. In general. A temporary worker supplied by a staffing agency or similar entity, absent a contractual agreement stating otherwise, shall be an employee of the staffing agency for all purposes of the Ordinance except as provided in SMC 14.16.010(T)(4)(b) to determine employer tier size. See SMC 14.16.010(J).
    2. Tier size. Temporary workers supplied by a staffing agency shall be counted for tier size of the staffing agency and the contracting employer.
    3. General responsibility. Absent a contractual agreement stating otherwise, a staffing agency is responsible for complying with the Ordinance's requirements for providing paid sick/safe time.
    4. Situational responsibility. Absent a contractual agreement stating otherwise, the contracting employer is not responsible for providing paid sick/safe time if a staffing agency is not a covered employer under the Ordinance (e.g. a staffing agency is a federal, state or other local government employer).
    5. Assignment. After a temporary worker uses paid sick/safe time, the staffing agency may return the temporary worker to the original assignment or the next available assignment if the original assignment is no longer available. A staffing agency's inability to provide a temporary worker with an assignment immediately following use of paid sick/safe time shall not be presumed an adverse action unless there is evidence of retaliation or discrimination due to the temporary worker's good faith exercise of rights under the Ordinance.

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