For Immediate Release
October 19, 2017
Contact: Cynthia Santana/Communications Manager
206-256-5219
cynthia.santana@seattle.gov
New Administrative rules for conducting investigations and appeals – City of Seattle Chapter 140.
Seattle – (October 19, 2017) The Seattle Office of Labor Standards (OLS) announces the final Chapter 140 (SHRR 140) Administrative Rules for the practices and procedures in conducting City of Seattle labor standards investigations and appeals. Chapter 140 will provide the framework for all OLS investigations under Seattle’s labor standards laws. Currently, OLS enforces the following labor standards laws:
- Paid Sick Time and Safe Time (PSST), SMC 14.16;
- Fair Chance Employment (FCE), SMC 14.17;
- Minimum Wage (MW), SMC 14.19;
- Wage Theft (WT), SMC 14.20; and
- Secure Scheduling (SS), SMC 14.22.
To date, OLS has used procedures outlined in the Seattle Office for Civil Rights’ Chapter 40, which established procedures in investigations of illegal discrimination. The rules in Chapter 140 establish procedures for labor standards enforcement that reflect ordinance revisions from the Wage Theft Prevention and Labor Standards Harmonization Ordinance of 2015, including company-wide investigations that protect the identifying information of complainants and witnesses, directed investigations, and employee appeals. Members of the public had until August 4, 2017 to comment on proposed rule revisions. Key updates and clarifications include:
Directed Investigations
The Chapter 140 Administrative Rules address OLS’s planned Directed Investigations program, in which OLS will conduct investigations based on tips from the public and employees, information from other enforcement agencies regarding labor standards violations by national employers that operate in Seattle, and research on industries that employ large numbers of vulnerable and low-income workers, including workers of color, immigrant communities, women, and other groups.
To date, OLS has primarily initiated investigations after receiving complaints of labor standards violations. While OLS previously used directed investigations in a limited capacity for the Fair Chance Employment ordinance, the office will soon expand the use of directed investigations for all labor standards. Directed investigations for Secure Scheduling will not begin until at least July 1, 2018, one year after implementation of the ordinance.
Response time for Requests for Information upon Initiation of Investigation
Employers or witnesses responding to requests for information will have seven (7) days from the date of service of the Director’s initial request to provide documents, records, or other requested materials, and five (5) days to respond to all subsequent requests.
Employee Right to Appeal
The Chapter 140 Administrative Rules also clarify the employee’s right to appeal an OLS Director’s Order to the Hearing Examiner, a separate and independent office of the City charged with conducting fair and impartial administrative hearings. Employees can appeal on the grounds that OLS’s investigation was not supported by a preponderance of the evidence.
To develop aspects of these rules, OLS consulted with the Labor Standards Advisory Commission, a 15-member independent entity of the OLS that is comprised of business, worker advocate and worker voices.
For more information about OLS, visit http://www.seattle.gov/laborstandards or call 206-256-5297.
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