Administrative Rules Proposed for City of Seattle Secure Scheduling Ordinance
Office of Labor Standards invites public comments until March 28
The Seattle Office of Labor Standards (OLS) has proposed Administrative Rules for Seattle's Secure Scheduling Ordinance (SMC 14.22). Members of the public have until Tuesday, March 28 to comment on these proposed rules.
Seattle Office of Labor Standards
810 Third Ave., Suite 750
Seattle, WA 98104-1627
Attn: Karina Bull, Senior Policy Analyst / Secure Scheduling Rule Comment
The proposed Administrative Rules clarify several issues raised by the Secure Scheduling Ordinance, including:
- Bona fide business reason: Clarifies that a bona fide business reason for declining an employee's request for work schedule preferences includes a work schedule change that would require an employer to pay additional compensation under the Secure Scheduling Ordinance, the Fair Labor Standards Act, the Minimum Wage Act, or the employer's own written policy(e.g. holiday pay).
- Employee coverage: Clarifies that the ordinance does not cover employees who work in hourly administrative or professional, non-customer facing positions (e.g. human resources, payroll, and receptionist positions).
- Good faith estimate: Clarifies that a "significant change" to the work schedule occurs when "there is a difference of at least 30% between the good faith estimate and the median number of hours in the written work schedules."
- Interactive process: Clarifies the timeline and documentation requirements, and suggests content for the interactive process following (1) a significant change to the good faith estimate; or (2) a request for input into the work schedule.
- Compensation for work schedule changes-grace period: Clarifies that employers have a 15-minute grace period before additional compensation (i.e. premium pay) is due for employer-requested work schedule changes. Under this rule, an employer-requested work schedule change that adds or subtracts 15 minutes or less would not result in a requirement for the employer to pay additional compensation (i.e. premium pay).
- Compensation for work schedule changes-exceptions: Clarifies that an employer's use of the mass communications and in-person group communications exceptions to additional compensation requirements must convey that:
- (1) Accepting the additional hours is voluntary and the employee has the right to decline; and
- (2) By accepting the hours, the employee will not be entitled to additional compensation (i.e. premium pay) for a work schedule change.
In addition, mass communications must include language conveying that the message is a "mass communication."
- Temporary services, staffing agencies, contractors, and subcontractors: Clarifies that:
- (1) Joint employers are individually and jointly responsible for the provision of a good faith estimate;
- (2) Employees of temporary services, staffing agencies, contractors and subcontractors may be considered "new employees" upon assignment to a covered employer and may be immediately added to the currently posted schedule; and
- (3) Employers are not required to place employees provided by temporary services, staffing agencies, contractors and subcontractors on any access-to-hours list.