Is your business complying with Seattle’s Office of Labor Standards (OLS) record keeping requirements?
General Documents:
Minimum Wage Ordinance and Wage Theft Ordinance:
Paid Sick and Safe Time (PSST):
Fair Chance Employment Ordinance:
Secure Scheduling Ordinance: (Retail & Food Establishments with 500+ employees worldwide; Full-service restaurants must also have 40+ full-service locations worldwide)
1 Employers are required to maintain these records under Washington state law. WAC 296-128-010.
2 This shall be the same name as that used for Social Security record or federal tax return filing purposes.
3 If the employee is part of a workforce or employed in or by an establishment all of whose workers have a workweek beginning at the same time on the same day, a single notation of the time of the day and beginning day of the workweek for the whole workforce or establishment is sufficient. If, however, any employee or group of employees has a workweek beginning and ending at a different time, a separate notation shall then be kept for that employee or group of employees.
- Prepare for enforcement actions by retaining these ordinance-required documents.
- During an investigation, OLS may request the following documents and policies. Unless otherwise noted, all documents must be maintained for a period of three years. OLS may request additional documents depending on the facts of a specific case.
General Documents:
- Notices of labor standards rights given to employees (workplace poster, employee handbook or workplace policies);
- Collective bargaining agreement and employee manual in effect at the time of the allegation;
- A list of employees who currently work and have worked for you in the past three years in the Seattle location of your business. The list must include the position, phone number, and address of these employees.
- Records of any employee discipline, warnings, performance improvement plans, demotions, reassignments, and pay rate or salary changes.
Minimum Wage Ordinance and Wage Theft Ordinance:
- Statement of the number of employees employed per year worldwide for each of the three previous years.
- List of current and former employees who work or have worked in Seattle, and for each employee, copies of:
- Written “Notice of Employment Information” (required by Wage Theft Ordinance) provided at time of hire and before any change in employment information;
- Original time cards which show the hours worked each day;
- Payroll records for each employee,1 to include:
- Employee’s full name, or the employee’s identifying symbol or number if this is used in place of name on any time, work, or payroll records; 2
- Home address;
- Employee’s occupation;
- Date of birth if employee is under eighteen years old;
- Time of day and day of week on which the employee’s workweek begins.3
- Dates of employment;
- Rate or rates of pay;
- Hours worked each workday (any consecutive 24 hours) and total hours worked each workweek;
- Total daily or weekly straight-time earnings or wages;
- Total overtime compensation for the workweek;
- Total additions to or deductions from wages paid each pay period;
- Total wages, including bonuses, commissions, and piece-rate, paid each pay period; and
- Date of payment and the pay period covered by payment;
- Records of tips, service charges, payments toward medical benefits, and the actuarial value of medical benefits provided to employees.
Paid Sick and Safe Time (PSST):
- Statement of the total number of hours worked by employee worldwide for each of the previous three calendar years
- Written PSST policies and other paid leave policies effective at any time during the previous three years;
- Records of employee’s accrual, use, and carry over of PSST;
- Notices given to employees of their PSST balance each time wages are paid; and
- Documentation collected from employees to support their use of PSST.
Fair Chance Employment Ordinance:
- All materials received, used, considered, and sent in employment decisions;
- All hiring policies effective at any time during the previous three years;
- Any policies and procedures for conducting, or using criminal background checks; and
- All job postings and job applications used at any time during the previous three years.
Secure Scheduling Ordinance: (Retail & Food Establishments with 500+ employees worldwide; Full-service restaurants must also have 40+ full-service locations worldwide)
- Written “Good Faith Estimates” of employee work schedules;
- Documentation of the business reason for denying an employee’s schedule change request;
- Work schedules;
- Payroll records showing additional compensation paid to employees as required by the Secure Scheduling ordinance;
- Documentation of employee-requested changes to the employee's work schedule;
- Mass communications regarding the availability of additional hours of work;
- Documentation of any discipline that resulted in a reduction of employee hours;
- Notices of additional hours of work made pursuant to the Access to Hours provisions of SMC 14.22.055;
- Documentation of employees who did not want to receive written notice of additional hours of work (i.e. access to hours list);
- Any written record of employees who declined additional hours of work.
1 Employers are required to maintain these records under Washington state law. WAC 296-128-010.
2 This shall be the same name as that used for Social Security record or federal tax return filing purposes.
3 If the employee is part of a workforce or employed in or by an establishment all of whose workers have a workweek beginning at the same time on the same day, a single notation of the time of the day and beginning day of the workweek for the whole workforce or establishment is sufficient. If, however, any employee or group of employees has a workweek beginning and ending at a different time, a separate notation shall then be kept for that employee or group of employees.
Do you have the Record Keeping Checklist?