Secure Scheduling Ordinance: Underscheduling and recording

Secure Scheduling Ordinance: Underscheduling and recording

On Sept. 19, 2016, the Seattle City Council unanimously passed the Secure Scheduling Ordinance into law. We’re rolling out bite-sized pieces in the coming weeks to get you up to speed. Or, if you have some time and want to dig in, read our in-depth analysis here.

For today: Underscheduling and recording

Pattern or Practice of Underscheduling in Prohibited

The employer may not engage in a systemic pattern or practice of significant underscheduling where the hours that employees actually work are significantly above the hours in the written work schedule.

Notice and Posting Requirements

The Office of Labor Standards must create and distribute a poster giving notice of the rights afforded by the ordinance. It will be produced in English, Spanish and any other languages that are necessary for employers to comply with the ordinance. Employers are required to post the notice in a conspicuous place where it will be seen by employees.

Employer Must Retain Records for 3 Years

Employers must retain the following documents for at least three years:

  • Written good faith estimates of employee work schedules;
  • Written documentation regarding the employer’s bona fide reason for denying the employee’s request for a limitation or change in work schedule because of a major life event;
  • Work schedules;
  • Payroll records, including documentation of predictability pay paid to each employee;
  • Written documentation of employee-requested changes to the employee’s work schedule that do not incur predictability pay;
  • Written employer mass communications, provided to employees about the availability of additional hours, that do not incur predictability pay;
  • Written documentation of the incident leading to employee discipline that results in hours subtracted from the employee’s work schedule but does not incur predictability pay;
  • Written notices for additional hours of work available for employees;
  • Written records of employees who have opted out of receiving written notice of additional hours of work (i.e. access to hours list);
  • Written confirmation from all employees, or employees on the access to hours list, that they are not interested in accepting additional hours of work if the employer elects to reduce the notice requirements for access to hours; and
  • Pursuant to rules issued by the director of the city’s Office of Labor Standard, other records that are material and necessary to effectuate the terms of the ordinance.

Upon request, the Office of Labor Standards, in partnership with business and community organizations contracting with the city, will provide technical assistance to employers on implementation of this ordinance, including but not limited to review of employer record-keeping systems for documenting compliance.

Retaliation Prohibited

No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights protected under the ordinance.

Up Next:  Details about penalties are coming tomorrow.

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