The Domestic Workers Ordinance, which was enacted last year, goes into effect on Monday, July 1, 2019. This landmark ordinance will impact thousands of domestic workers and hiring entities throughout the City.
Last year, Seattle became the first city in the United States to enact a Domestic Workers Bill of Rights giving basic labor protections to an estimated 33,000 domestic workers in Seattle, including nannies, house cleaners, home care workers, gardeners, cooks and household managers.
Under the ordinance, domestic workers have the right to:
- Seattle minimum wage
- Uninterrupted meal and rest breaks, or extra pay if you don’t get a break
- One day (24 hours) off after working six consecutive days, for workers who live or sleep where they are employed
- Keep documents and personal effects
- Protections against sexual harassment and discrimination
The protections are extended to both employees and independent contractors who perform the specified job functions. Individuals, households, and traditional employers are covered “hiring entities” under the law and subject to its requirements.
The Office of Labor Standards (OLS) will begin enforcing the ordinance on July 1 and continue to conduct outreach and education to domestic workers and hiring entities.
Since May 2019, OLS has held numerous meetings with stakeholders to gather feedback from domestic workers, households, other hiring entities and community organizations. The feedback will help OLS generate rules which will be available for public comment in September 2019. Final rules are expected to go into effect in October 2019.
OLS is here to help workers and hiring entities understand their rights and duties under this new law. For any questions, or to report violations, please call (206) 256-5297, or email laborstandards@seattle.gov. For detailed information about the Domestic Worker’s Ordinance please visit our website at http://www.seattle.gov/laborstandards/ordinances/domestic-workers-ordinance.
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OLS works hard to educate employers on their legal obligations under Seattle’s labor standards. One of those standards, the Wage Theft Ordinance, enforces certain Washington state wage law requirements. Below is important information for businesses that charge their customers automatic service charges:
Unclear Or Missing Service Charge Disclosure May Lead To Employer Liability
Under Washington state law, RCW 49.46.160, every business that uses an “automatic service charge” related to food, beverages, or porterage (i.e., delivery) must disclose to the customer the percentage of the charge that is paid to the employee providing the service. Prior to January 2017, the consequences of violating this requirement was not entirely clear.
Washington voters cleared up this uncertainty when they approved Initiative 1433 in November 2016. Under this law, an employer who violates the customer disclosure requirement will have to reimburse employees providing the service for the portion of the service charge that was retained by the employer. In other words, if the disclosure does not state who is to receive the service charge and the employer keeps any portion of the service charge, the affected employees may seek payment for the withheld portion of the charge. Employers who do not follow the disclosure requirement may be liable for violations of the Washington State Minimum Wage Act as well as Seattle’s Wage Theft Ordinance.
To learn more about Initiative 1433, which also increased the state minimum wage and imposed paid sick and safe leave requirements, please visit Washington State Labor & Industries and read their guidance on tips, gratuities, and service charges. To learn more about Seattle’s Wage Theft Ordinance requirements, visit our website.
Please call OLS at 206-256-5297 or email: business.laborstandards@seattle.gov for free technical assistance on any of Seattle’s labor standards. We are here to help!
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