Seattle Mun. Code § 14.16.005 Short title
14.16.005 - Short title
This Chapter 14.16 shall constitute the "Paid Sick and Safe Time Ordinance" and may be cited as such.
(Ord. 124960, § 1, 2015.)
PAID SICK TIME AND PAID SAFE TIME
SEA-MC tit. 14, ch. 14.16
in effectSeattle Mun. Code § 14.16.010 Definitions
14.16.010 - Definitions
For purposes of this Chapter 14.16:
"Adverse action" means denying a job or promotion, demoting, terminating, failing to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, engaging in unfair immigration-related practices, filing a false report with a government agency, changing an employee's status to nonemployee, or otherwise discriminating against any person for any reason prohibited by Section 14.16.055. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and condition of employment.
"Agency" means the Office of Labor Standards and any division therein.
"Aggrieved party" means an employee or other person who suffers tangible or intangible harm due to an employer or other person's violation of this Chapter 14.16.
"Business" and "engaging in business" have the same meanings as in Chapter 5.30.
"City" means The City of Seattle.
"City department" means any agency, office, board, or commission of the City, or any Department employee acting on its behalf, but "City department" does not mean a public corporation chartered under Ordinance 103387 as amended, or its successor ordinances, or any contractor, consultant, concessionaire, or lessee.
"Director" means the Director of the Office of Labor Standards or the Director's designee.
"Employ" means to suffer or permit to work.
"Employee" means any individual employed by an employer, including but not limited to full-time employees, part-time employees, and temporary workers. An alleged employer bears the burden of proof that the individual is, as a matter of economic reality, in business for oneself (i.e. independent contractor) rather than dependent upon the alleged employer.
"Employer" means any individual, partnership, association, corporation, business trust, or any entity, person or group of persons, or a successor thereof, that employs another person and includes any such entity or person acting directly or indirectly in the interest of an employer in relation to an employee.
1. More than one entity may be the "employer" if employment by one employer is not completely disassociated from employment by the other employer.
2. For purposes of this Chapter 14.16, "employer" does not include any of the following:
a. The United States government;
b. The State of Washington, including any office, department, agency, authority, institution, association, society, or other body of the state, including the legislature and the judiciary;
c. Any county or local government other than the City.
"Frontloading" means providing an employee with paid sick and paid safe time before it has accrued at the rate required by Section 14.16.025.
"Front pay" means the compensation the employee would earn or would have earned if reinstated to the employee's former position.
"Full-time equivalent" means the number of hours worked for compensation that add up to one full-time employee, based either on an eight-hour day and a five-day week or as full-time is defined, in writing or in practice, by the employer.
"Overtime eligible" means employees who are covered by the overtime provisions of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and the Washington Minimum Wage Act, chapter 49.46 RCW.
"Overtime exempt" means employees who are exempt from the overtime provisions of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and the Washington Minimum Wage Act, chapter 49.46 RCW.
"Paid sick time" means accrued hours of paid leave provided by an employer for use by an employee for an absence from work for any of the reasons authorized in subsection 14.16.030.A.1, for which time an employee shall be compensated at the employee's normal hourly compensation and with the same benefits, including health care benefits, as the employee would have earned during the time the paid leave is taken. Compensation shall only be required for hours that an employee is scheduled to have worked.
1. For purposes of determining eligibility for "paid sick time," "family member" means a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.
a. "Child" means a biological child, adopted child, foster child, stepchild, or a child to whom an employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.
b. "Parent" means a biological parent, adoptive parent, de facto parent, foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
"Paid safe time" means accrued hours of paid leave provided by an employer for use by an employee for an absence from work for any of the reasons specified in subsection 14.16.030.A.2, for which time an employee shall be compensated at the employee's normal hourly compensation and with the same benefits, including health care benefits, as the employee would have earned during the time the paid leave is taken.
1. For purposes of determining eligibility for "paid safe time" for absences that qualify for leave under subsection 14.16.030.A.2.c, "family member" means a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.
a. "Child" means a biological child, adopted child, foster child, stepchild, or a child to whom an employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.
b. "Parent" means a biological parent, adoptive parent, de facto parent, foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
2. For purposes of determining eligibility for "paid safe time" for absences that qualify for leave under subsection 14.16.030.A.2.d:
a. "Family member" means, as defined in RCW 49.76.020, any individual whose relationship to the employee can be classified as a child, spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship.
b. "Household members" means, as defined in RCW 49.76.020 and RCW 26.50.010, spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
c. "Domestic violence" means:
1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members;
2) Sexual assault of one family or household member by another; or
3) Stalking of one family or household member by another family or household member.
d. "Stalking" means stalking as defined in RCW 49.76.020.
e. "Dating relationship" means a social relationship of a romantic nature, as defined in RCW 49.76.020.
f. "Sexual assault" means sexual assault as defined in RCW 49.76.020.
"Rate of inflation" means 100 percent of the annual average growth rate of the bi-monthly Seattle-Tacoma-Bremerton Area Consumer Price Index for Urban Wage Earners and Clerical Workers, termed CPI-W, for the 12-month period ending in August, provided that the percentage increase shall not be less than zero.
"Respondent" means an employer or any person who is alleged or found to have committed a violation of this Chapter 14.16.
"Successor" means any person to whom an employer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course of the employer's business, a major part of the property, whether real or personal, tangible or intangible, of the employer's business. For purposes of this definition, "person" means an individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, corporation, business trust, partnership, limited liability partnership, company, joint stock company, limited liability company, association, joint venture, or any other legal or commercial entity.
"Tier 1," "Tier 2," and "Tier 3" employers are defined as follows:
1. "Tier 1 employer" means an employer that employs at least one employee and fewer than 50 full-time equivalents, regardless of where those employees are employed, on average per calendar week.
2. "Tier 2 employer" means an employer that employs at least 50 and fewer than 250 full-time equivalents, regardless of where those employees are employed, on average per calendar week.
3. "Tier 3 employer" means an employer that employs 250 or more full-time equivalents, regardless of where those employees are employed, on average per calendar week.
"Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the Director.
"Written" or "writing" means a printed or printable communication in physical or electronic format, including but not limited to a communication that is transmitted through email, text message, or a computer system, or that is otherwise sent and maintained electronically.
"Year" means calendar year, fiscal year, benefit year, employment year, or any other fixed consecutive 12-month period established by the employer or collective bargaining agreement, and used in the ordinary course of the employer's business for the purpose of calculating wages and benefits. Unless otherwise established by the employer in the written policy and procedure required by subsection 14.16.045.C, "year" is defined as calendar year. If the employer transitions from one type of year to another for the purpose of providing paid sick and paid safe time benefits, the employer must ensure that the transition process maintains the accrual, use, carry-over, and other requirements of this Chapter 14.16.
(Ord. 126056, § 2, 2020; Ord. 125499, § 1, 2017; Ord. 125203, § 5, 2016; Ord. 124960, § 2, 2015; Ord. 124644, § 1, 2014; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.015 Employment in Seattle
14.16.015 - Employment in Seattle
A. Subject to subsection 14.16.015.B, an employee is covered by this Chapter 14.16 if the employee performs work within the geographic boundaries of the City.
B. An employee who is typically based outside of the City and performs work in the City on an occasional basis is covered by this Chapter 14.16 pursuant to rules issued by the Director.
1. Once an employee who works in the City on an occasional basis is covered by this Chapter 14.16, all previous hours worked in the City during that year count toward the accrual of paid sick and paid safe time and the employee shall remain covered by this Chapter 14.16 for the duration of employment with the employer, provided, however, that separations in employment shall be governed by subsection 14.16.025.L.
2. Time spent in the City solely for the purpose of travelling through the City from a point of origin outside the City to a destination outside the City with no employment-related or commercial stops in the City except for refueling or the employee's personal meals or errands, is not covered by this Chapter 14.16.
(Ord. 125499, § 2, 2017; Ord. 124960, § 3, 2015.)
Seattle Mun. Code § 14.16.020 Employer tier determination
14.16.020 - Employer tier determination
A. An employee who is not covered by this Chapter 14.16 shall be included in any determination of employer tier.
B. The employment of at least one employee establishes coverage by this Chapter 14.16. The determination of employer tier for the current calendar year is calculated based upon the average number per calendar week of full-time equivalents who worked for compensation during the preceding calendar year for any and all weeks during which at least one employee worked for compensation. For employers that did not have any employees during the previous calendar year, the employer tier will be calculated based upon the average number per calendar week of full-time equivalents who worked for compensation during the first 90 calendar days of the current year in which the employer engaged in business.
C. To determine the number of full-time equivalents, all hours worked for compensation by all employees shall be counted, including but not limited to:
1. Work performed inside the City;
2. Work performed outside the City; and
3. Work performed in full-time employment, part-time employment, joint employment, temporary employment, or through the services of a temporary services or staffing agency or similar entity.
D. Separate entities that form an integrated enterprise shall be considered a single employer under this Chapter 14.16. Separate entities will be considered an integrated enterprise and a single employer under this Chapter 14.16 where a separate entity controls the operation of another entity. The factors to consider in making this assessment include, but are not limited to:
1. Degree of interrelation between the operations of multiple entities;
2. Degree to which the entities share common management;
3. Centralized control of labor relations; and
4. Degree of common ownership or financial control over the entities.
(Ord. 125499, § 3, 2017; Ord. 124960, § 4, 2015; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.025 Accrual of paid sick and paid safe time
14.16.025 - Accrual of paid sick and paid safe time
A. All employees of Tier 1, Tier 2, and Tier 3 employers have the right to paid sick time and paid safe time as provided in this Section 14.16.025.
B. Employees shall accrue paid leave, to be used as paid sick and paid safe time, as follows:
1. Employees of a Tier 1 or Tier 2 employer shall accrue at least one hour of paid sick and paid safe time for every 40 hours worked.
2. Employees of a Tier 3 employer shall accrue at least one hour of paid sick and paid safe time for every 30 hours worked.
C. An employer may provide paid sick and paid safe time in advance of accrual provided that such frontloading meets or exceeds the requirements of this Chapter 14.16 for accrual, use, and carry over of paid sick and paid safe time.
D. An employer shall not be required to credit paid sick and paid safe time for overtime exempt employees for hours worked beyond a 40-hour work week. If an overtime exempt employee's normal work in a work week is less than 40 hours, paid sick time and paid safe time accrues based upon that particular employee's normal work week.
E. Paid sick time and paid safe time as provided in this Section 14.16.025 shall begin to accrue at the commencement of employment.
F. Except as provided in Section 14.16.040, an employee shall be entitled to use accrued paid sick time and paid safe time beginning on the 90th calendar day after the commencement of employment. When an employee is separated from employment and rehired within 12 months of separation by the same employer, the previous period of employment shall be counted for purposes of determining the employee's eligibility to use accrued paid sick time and safe time under this subsection 14.16.025.F, provided that if separation does occur, the total time of employment used to determine eligibility must occur within three calendar years.
G. Unused paid sick time and paid safe time shall be carried over to the following year; however, no Tier 1 employer shall be required to allow an employee to carry over a combined total of paid sick time and paid safe time in excess of 40 hours, no Tier 2 employer shall be required to allow an employee to carry over a combined total of paid sick time and paid safe time in excess of 56 hours and no Tier 3 employer shall be required to allow an employee to carry over a combined total of paid sick time and paid safe time in excess of 72 hours.
H. A Tier 1 or Tier 2 employer with a combined or universal paid leave policy, such as a paid time off (PTO) policy, is not required to provide additional paid sick and paid safe time, provided that:
1. Available paid leave may be used for the same purposes and under the same conditions as paid sick and paid safe time as set forth in Section 14.16.030; and
2. Paid leave is accrued at the rate consistent with subsection 14.16.025.B.1; and
3. Any accrued but unused paid leave may be carried over to the following year consistent with subsection 14.16.025.G.
I. A Tier 3 employer with a combined or universal paid leave policy, such as a PTO policy, is not required to provide additional paid sick and paid safe time, provided that:
1. Available paid leave may be used for the same purposes and under the same conditions as paid sick and paid safe time as set forth in Section 14.16.030; and
2. Paid leave is accrued at a rate consistent with subsection 14.16.025.B.2; and
3. Any accrued but unused paid leave may be carried over to the following year; however no Tier 3 employer with a combined or universal paid leave policy shall be required to carry over unused leave in excess of 108 hours.
J. Nothing in this Section 14.16.025 shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued paid sick and paid safe time that has not been used.
K. When an employee is transferred to a separate division, entity, or location within the geographic boundaries of the City, or transferred out of the geographic boundaries of the City and then transferred back to a division, entity, or location within the geographic boundaries of the City, but remains employed by the same employer, the employee is entitled to all paid sick and paid safe time accrued at the prior division, entity, or location and is entitled to use all paid sick and paid safe time as provided in this Chapter 14.16.
L. When there is a separation from employment and the employee is rehired within 12 months of separation by the same employer, previously accrued paid sick and paid safe time that had not been used shall be reinstated. Further, the employee shall be entitled to use accrued paid sick and paid safe time and accrue additional sick and safe time immediately upon the re-commencement of employment, provided that the employee had previously been eligible to use paid sick and paid safe time. If there is a separation of more than 12 months, an employer shall not be required to reinstate accrued paid sick and paid safe time and for the purposes of this Chapter 14.16 the rehired employee shall be considered to have newly commenced employment.
M. When an employer quits, sells out, exchanges, or disposes the employer's business, or the employer's business is otherwise acquired by a successor, an employee shall retain all accrued paid sick and paid safe time and is entitled to use all paid sick and paid safe time as provided in this Chapter 14.16 for work scheduled within the geographic boundaries of the City for the successor employer.
N. Subject to terms and conditions established by the employer, the employer may, but is not required to, loan paid sick time and paid safe time to the employee in advance of accrual by such employee.
(Ord. 125499, § 4, 2017; Ord. 124960, § 5, 2015.)
Seattle Mun. Code § 14.16.030 Use of paid sick time and paid safe time
14.16.030 - Use of paid sick time and paid safe time
A. 1.
Paid sick time shall be provided to an employee by an employer. An employee is authorized to use paid sick time for the following reasons:
a. An absence resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; and
b. To allow the employee to provide care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care.
2. Paid safe time shall be provided to an employee by an employer. An employee is authorized to use paid safe time for the following reasons:
a. When the employee's place of business has been closed by order of a public official, for any health-related reason, to limit exposure to an infectious agent, biological toxin, or hazardous material;
b. When the employee's place of business for a Tier 3 employer has reduced operations or closed for any health- or safety-related reason;
c. When the employee's family member's school or place of care has been closed; and
d. For any of the following reasons related to domestic violence, sexual assault, or stalking, as set out in RCW 49.76.030:
1) To enable the employee to seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee's family or household members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking;
2) To enable the employee to seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking, or to attend to health care treatment for a victim who is the employee's family or household member;
3) To enable the employee to obtain, or assist a family or household member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;
4) To enable the employee to obtain, or assist a family or household member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee's family or household member was a victim of domestic violence, sexual assault, or stalking; or
5) To enable the employee to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family or household members from future domestic violence, sexual assault, or stalking.
B. Paid sick time and paid safe time shall be provided upon the request of an employee. When possible, an employee's request shall include the expected duration of the absence. An employer may require an employee to provide reasonable notice of an absence from work, and comply with the employer's usual and customary notice and procedural requirements for absences and/or requesting leave, provided that such requirements do not interfere with the purposes for which the paid sick and paid safe time is needed.
1. If the paid leave is foreseeable, the employee must provide a written request at least ten days, or as early as possible, in advance of the paid leave, unless the employer's normal notice policy requires less advance notice.
2. If the paid leave is unforeseeable, the employee must provide notice as soon as is practicable and must generally comply with an employer's reasonable normal notification policies and/or call-in procedures, provided that such requirements do not interfere with the purposes for which the leave is needed.
C. For overtime eligible employees, accrued paid sick time and paid safe time shall be used in hourly increments or, if an employer's payroll system tracks compensation in increments of less than one hour, in the smallest increment in which compensation is tracked. For overtime exempt employees, an employer may make deductions of paid sick time and paid safe time in accordance with state and federal laws. For overtime exempt public employees, paid sick time and paid safe time must be used in accordance with a pay system established by statute, ordinance, or regulation, or by a policy or practice established pursuant to the principles of public accountability.
D. When the use of accrued time is foreseeable, the employee shall make a reasonable effort to schedule the use of paid sick time or paid safe time in a manner that does not unduly disrupt the operations of the employer.
E. For use of paid sick time of more than three consecutive days for a reason set out in subsection 14.16.030.A.1, an employer may require reasonable verification that the employee's use of paid sick time is for an authorized purpose covered by subsection 14.16.030.A.1. If an employer requires reasonable verification, such verification must be provided to the employer within a reasonable time period during or after the leave. An employer's requirements for reasonable verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law. Documentation signed by a health care provider indicating that sick time is necessary, and other documentation authorized pursuant to rules issued by the Director, shall be considered reasonable verification.
1. An employer may not require that the documentation explain the nature of the illness.
2. For any employee who is not offered health insurance by the employer, the employer and the employee shall each pay half the cost of any out-of-pocket expense incurred by the employee in obtaining the employer-requested documentation. These expenses are limited to the cost of services provided by health care providers, the services of health care facilities, testing prescribed by health care providers, and transportation to the location where such services are provided. An employee who has declined to participate in the health insurance program offered by the employer shall not be entitled to reimbursement for out-of-pocket expenses.
F. For use of paid safe time of more than three consecutive days for a reason set out in subsection 14.16.030.A.2, an employer may require reasonable verification that the employee's use of paid safe time is for an authorized purpose covered by subsection 14.16.030.A.2. If an employer requires reasonable verification, such verification must be provided to the employer within a reasonable time period during or after the leave. An employer's requirements for reasonable verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law.
1. An employer may require that requests under subsections 14.16.030.A.2.a through 14.16.030.A.2.c be supported by verification of a notice of reduced operations or closure and the employee may satisfy this verification request by providing the notice, or a copy of the notice, in whatever format the employee received it.
2. An employer may require that requests under subsection 14.16.030.A.2.d be supported by verification that the employee or employee's family or household member is a victim of domestic violence, sexual assault, or stalking, and that the leave taken was for one of the purposes covered by subsection 14.16.030.A.2.d. An employee may satisfy this verification requirement by one or more of the following methods:
a. An employee's written statement that the employee or the employee's family or household member is a victim of domestic violence, sexual assault, or stalking and that the leave taken was for one of the purposes of subsection 14.16.030.A.2.d;
b. A police report indicating that the employee or employee's family or household member was a victim of domestic violence, sexual assault, or stalking;
c. A court order protecting or separating the employee or employee's family or household member from the perpetrator of the act of domestic violence, sexual assault, or stalking, or other evidence from the court or the prosecuting attorney that the employee or employee's family or household member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking; or
d. Documentation that the employee or the employee's family or household member is a victim of domestic violence, sexual assault, or stalking, from any of the following persons from whom the employee or employee's family or household member sought assistance in addressing the domestic violence, sexual assault, or stalking: an advocate for victims of domestic violence, sexual assault, or stalking; an attorney; a member of the clergy; or a medical or other professional. The provision of documentation under this Section 14.16.030 does not waive or diminish the confidential or privileged nature of communications between a victim of domestic violence, sexual assault, or stalking with one or more of the individuals named in this subsection 14.16.030.F.2.d.
G. Upon mutual consent by the employee and the employer, an employee may work additional hours or shifts during the same or next pay period without using available paid sick or paid safe time for the original missed hours or shifts. However, the employer may not require the employee to work such additional hours or shifts. Should the employee work additional shifts, the employer shall comply with any applicable federal, state, or local laws concerning overtime pay.
H. Nothing in this Chapter 14.16 shall be construed to prohibit an employer from establishing a policy whereby employees may voluntarily exchange assigned hours or "trade shifts."
I. An employer may not ask, or require as a condition of an employee taking paid sick and paid safe time, that the employee search for or find a replacement worker to cover the hours during which the employee uses paid sick and paid safe time.
J. Nothing in this Chapter 14.16 shall be construed to prohibit an employer from establishing a policy whereby employees may donate unused accrued paid sick and paid safe time to another employee.
K. Each time wages are paid, employers shall provide each employee with written notification stating an updated amount of paid sick and paid safe time available to each employee for use as either paid sick time or paid safe time. The updated amount shall include accrued paid sick and paid safe time since the last notification, reduced paid sick and paid safe time since the last notification, and any unused paid sick and paid safe time available for use. Employers may choose a reasonable system for providing this notification, including, but not limited to, listing available paid leave on each pay stub or developing an online system where employees can access their own paid leave information.
(Ord. 126056, § 3, 2020; Ord. 125499, § 5, 2017; Ord. 124960, § 6, 2015; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.035 Confidentiality and nondisclosure
14.16.035 - Confidentiality and nondisclosure
A. Except as provided in subsection 14.16.035.B, an employer shall maintain the confidentiality of information provided by the employee or others in support of an employee's request for sick or safe days under this Section 14.16.035, including health information and the fact that the employee or employee's family member is a victim of domestic violence, sexual assault, or stalking, that the employee has requested or obtained leave under this Chapter 14.16, and any written or oral statement, documentation, record, or corroborating evidence provided by the employee.
B. Information given by an employee may be disclosed by an employer only if it is:
1. Requested or consented to by the employee;
2. Ordered by a court or administrative agency; or
3. Otherwise required by applicable federal or state law.
(Ord. 124960, § 7, 2015.)
Seattle Mun. Code § 14.16.040 New employers
14.16.040 - New employers
The provisions of this Chapter 14.16 that are more generous than those provisions requiring paid sick leave under chapter 49.46 RCW and chapter 296-128 WAC, including but not limited to more generous requirements for carry over for Tier 2 employers under Section 14.16.025, shall not apply to Tier 1 and Tier 2 employers until 24 months after the hire date of their first employee. For purposes of this Section 14.16.040, employer tier shall be calculated based upon the average number of full-time equivalents who worked for compensation per calendar week during the first 90 calendar days following the hire date of their first employee.
(Ord. 125499, § 6, 2017; Ord. 124960, § 8, 2015; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.045 Notice and posting
14.16.045 - Notice and posting
A. The Agency shall create and distribute a poster giving notice of the rights afforded by this Chapter 14.16. The Agency shall create and distribute the poster in English, Spanish, and any other languages that are necessary for employers to comply with subsection 14.16.045.B. The poster shall give notice of:
1. The right to paid sick and paid safe time guaranteed by this Chapter 14.16;
2. The amount of paid sick and paid safe time and the terms of its use guaranteed under this Chapter 14.16;
3. The right to be protected from retaliation for exercising in good faith the rights protected by this Chapter 14.16; and
4. The right to file a complaint with the Agency or bring a civil action for violation of the requirements of this Chapter 14.16, including an employer's denial of paid sick time and paid safe time as required by this Chapter 14.16, and an employer or other person's retaliation against an employee or other person for requesting or taking paid sick and paid safe time or otherwise engaging in an activity protected by this Chapter 14.16.
B. Employers shall display the poster in a conspicuous and accessible location where any of their employees work. Employers shall display the poster in English and in the primary language(s) of the employee(s) at the particular workplace. If display of the poster is not feasible, including situations when the employee works remotely or does not have a regular workplace, employers may provide the poster on an individual basis in an employee's primary language in physical or electronic format that is reasonably conspicuous and accessible.
C. Employers shall provide each employee with written notice of the employer's policy and procedure for meeting the requirements of this Chapter 14.16.
1. The employer's policy and procedure shall include:
a. The employee's right to paid sick and paid safe time under this Chapter 14.16;
b. Whether the employer is using a year other than the calendar year for providing paid sick and paid safe time;
c. The employer's tier size under this Chapter 14.16;
d. The employer's rate of accrual and carry over of paid sick and paid safe time;
e. The authorized purposes under which paid sick and paid safe time may be used;
f. The manner of providing employees with notification of available paid sick and paid safe time each time wages are paid;
g. The reasonable notice requirements for requesting use of paid sick and paid safe time;
h. Prohibitions against retaliation for use of paid sick and paid safe time;
i. If applicable, explanation of:
1) Verification for use of paid sick and paid safe time for more than three consecutive days;
2) Use of frontloaded paid sick and paid safe time;
3) Universal paid leave policy;
4) Shared paid sick and paid safe time program in which an employee may choose to donate paid sick and paid safe time to a co-worker; and
j. Other information that is material and necessary to effectuate the terms of this Chapter 14.16, pursuant to rules issued by the Director.
2. The Agency shall create and distribute a model policy that employers may use for complying with this subsection 14.16.045.C.
C. Employers shall provide each employee with written notice of the employer's policy and procedure for meeting the requirements of this Chapter 14.16.
1. The employer's policy and procedure shall include:
a. The employee's right to paid sick and paid safe time under this Chapter 14.16;
b. Whether the employer is using a year other than the calendar year for providing paid sick and paid safe time;
c. The employer's tier size under this Chapter 14.16;
d. The employer's rate of accrual and carry over of paid sick and paid safe time;
e. The authorized purposes under which paid sick and paid safe time may be used;
f. The manner of providing employees with notification of available paid sick and paid safe time each time wages are paid;
g. The reasonable notice requirements for requesting use of paid sick and paid safe time;
h. Prohibitions against retaliation for use of paid sick and paid safe time;
i. If applicable, explanation of:
1) Verification for use of paid sick and paid safe time for more than three consecutive days;
2) Use of frontloaded paid sick and paid safe time;
3) Universal paid leave policy;
4) Shared paid sick and paid safe time program in which an employee may choose to donate paid sick and paid safe time to a co-worker; and
j. Other information that is material and necessary to effectuate the terms of this Chapter 14.16, pursuant to rules issued by the Director.
2. The Agency shall create and distribute a model policy that employers may use for complying with this subsection 14.16.045.C.
(Ord. 125499, § 7, 2017; Ord. 124960, § 9, 2015.)
Seattle Mun. Code § 14.16.050 Employer records
14.16.050 - Employer records
A. Each employer shall retain records that document compliance with this Chapter 14.16 for each employee including: the date of commencement of employment; hours worked including hours worked within the geographic boundaries of the City; paid sick and paid safe time accrued, and any unused paid sick and paid safe time available for use; paid sick and paid safe time reductions including but not limited to paid sick and paid safe time used, paid sick and paid safe time donated to a co-worker through a shared leave program, or paid sick and paid safe time not carried over to the following year; and pursuant to rules issued by the Director, other records that are material and necessary to effectuate the terms of this Chapter 14.16. Such records shall be retained for a period of three years from the date such hours were worked or such paid sick and paid safe time was used.
B. If an employer fails to retain adequate records required under subsection 14.16.050.A, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this Chapter 14.16 for the periods and for each employee for whom records were not retained.
C. Respondents in any case closed by the Agency shall allow the Office of City Auditor access to such records to permit the Office of City Auditor to evaluate the Agency's enforcement efforts. Before requesting records from such a respondent, the Office of City Auditor shall first consult the Agency's respondent records on file and determine if additional records are necessary. The City Auditor may apply by affidavit or declaration in the form allowed under chapter 5.50 RCW to the Hearing Examiner for the issuance of subpoenas under this subsection 14.16.050.C. The Hearing Examiner shall issue such subpoenas upon a showing that the records are required to fulfill the purpose of this subsection 14.16.050.C.
D. Records and documents relating to medical certifications, re-certifications, or medical histories of employees or employees' family members, created for purposes of this Chapter 14.16, are required to be maintained as confidential medical records in separate files/records from the employer's usual personnel files. If the Americans with Disabilities Act (ADA) or the Health Insurance Portability and Accountability Act (HIPAA) applies, then these records must comply with such confidentiality requirements.
(Ord. 127303, § 8, 2025; Ord. 125499, § 8, 2017; Ord. 124960, § 10, 2015; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.055 Retaliation prohibited
14.16.055 - Retaliation prohibited
A. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Chapter 14.16. An employer may not adopt or enforce any policy that counts the use of paid sick and paid safe time as an absence that may lead to or result in discipline against the employee.
B. 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 this Chapter 14.16. Such rights include but are not limited to the right to use paid sick time and/or paid safe time pursuant to this Chapter 14.16; the right to make inquiries about the rights protected under this Chapter 14.16; the right to inform others about their rights under this Chapter 14.16; the right to inform the person's employer, union, or similar organization, and/or the person's legal counsel or any other person about an alleged violation of this Chapter 14.16; the right to file an oral or written complaint with the Agency or bring a civil action for an alleged violation of this Chapter 14.16; the right to cooperate with the Agency in its investigations of this Chapter 14.16; the right to testify in a proceeding under or related to this Chapter 14.16; the right to refuse to participate in an activity that would result in a violation of city, state or federal law; and the right to oppose any policy, practice, or act that is unlawful under this Chapter 14.16.
C. No employer or any other person shall communicate to a person exercising rights protected in this Section 14.16.055, directly or indirectly, the willingness to inform a government employee that the person is not lawfully in the United States, or to report, or to make an implied or express assertion of a willingness to report, suspected citizenship or immigration status of an employee or family member of the employee to a federal, state, or local agency because the employee has exercised a right under this Chapter 14.16.
D. It shall be a rebuttable presumption of retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person's exercise of rights protected in this Section 14.16.055. However, in the case of seasonal work that ended before the close of the 90 day period, the presumption also applies if the employer fails to rehire a former employee at the next opportunity for work in the same position. The employer may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.
E. Standard of proof. Proof of retaliation under this Section 14.16.055 shall be sufficient upon a showing that an employer or any other person has taken an adverse action against a person and the person's exercise of rights protected in this Section 14.16.055 was a motivating factor in the adverse action, unless the employer can prove that the action would have been taken in the absence of such protected activity.
F. The protections afforded under this Section 14.16.055 shall apply to any person who mistakenly but in good faith alleges violations of this Chapter 14.16.
G. A complaint or other communication by any person triggers the protections of this Section 14.16.055 regardless of whether the complaint or communication is in writing or makes explicit reference to this Chapter 14.16.
(Ord. 125499, § 9, 2017; Ord. 124960, § 11, 2015.)
Seattle Mun. Code § 14.16.060 Enforcement power and duties
14.16.060 - Enforcement power and duties
A. The Agency shall have the power to investigate violations of this Chapter 14.16, as defined herein, and shall have such powers and duties in the performance of these functions as are defined in this Chapter 14.16 and otherwise necessary and proper in the performance of the same and provided for by law.
B. The Agency shall be authorized to coordinate implementation and enforcement of this Chapter 14.16 and shall promulgate appropriate guidelines or rules for such purposes.
C. The Director of the Agency is authorized and directed to promulgate rules consistent with this Chapter 14.16 and the Administrative Code. Any guidelines or rules promulgated by the Director shall have the force and effect of law and may be relied on by employers, employees, and other parties to determine their rights and responsibilities under this Chapter 14.16.
(Ord. 124960, § 12, 2015; Ord. 124809, § 2, 2015; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.065 Violation
14.16.065 - Violation
The failure of any respondent to comply with any requirement imposed on the respondent under this Chapter 14.16 is a violation.
(Ord. 124960, § 13, 2015.)
Seattle Mun. Code § 14.16.070 Investigation
14.16.070 - Investigation
A. The Agency shall have the power to investigate any violations of this Chapter 14.16 by any respondent. The Agency may initiate an investigation pursuant to rules issued by the Director including, but not limited to, situations when the Director has reason to believe that a violation has occurred or will occur, or when circumstances show that violations are likely to occur within a class of businesses because the workforce contains significant numbers of workers who are vulnerable to violations of this Chapter 14.16 or the workforce is unlikely to volunteer information regarding such violations. An investigation may also be initiated through the receipt by the Agency of a report or complaint filed by an employee or other person.
B. An employee or other person may report to the Agency any suspected violation of this Chapter 14.16. The Agency shall encourage reporting pursuant to this Section 14.16.070 by taking the following measures:
1. The Agency shall keep confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation. However, with the authorization of such person, the Agency may disclose the employee's or person's name and identifying information as necessary to enforce this Chapter 14.16 or for other appropriate purposes.
2. An employer must post or otherwise notify its employees that the Agency is conducting an investigation, using a form provided by the Agency and displaying it on-site, in a conspicuous and accessible location, and in English and the primary language of the employee(s) at the particular workplace. If display of the form is not feasible, including situations when the employee works remotely or does not have a regular workplace, employers may provide the form on an individual basis in the employee's primary language in physical or electronic format that is reasonably conspicuous and accessible.
3. The Agency may certify the eligibility of eligible persons for "U" Visas under the provisions of 8 U.S.C. § 1184.p and 8 U.S.C. § 1101.a.15.U. This certification is subject to applicable federal law and regulations, and rules issued by the Director.
C. The Agency's investigation must commence within three years of the alleged violation. To the extent permitted by law, the applicable statute of limitations for civil actions is tolled during any investigation under this Chapter 14.16 and any administrative enforcement proceeding under this Chapter 14.16 based upon the same facts. For purposes of this Chapter 14.16:
1. The Agency's investigation begins on the earlier date of when the Agency receives a complaint from a person under this Chapter 14.16, or the Agency opens an investigation under this Chapter 14.16.
2. The Agency's investigation ends when the Agency issues a final order concluding the matter and any appeals have been exhausted; the time to file any appeal has expired; or the Agency notifies the respondent in writing that the investigation has been otherwise resolved.
D. The Agency's investigation shall be conducted in an objective and impartial manner.
E. The Director may apply by affidavit or declaration in the form allowed under chapter 5.50 RCW to the Hearing Examiner for the issuance of subpoenas requiring an employer to produce the records identified in subsection 14.16.050.A, or for the attendance and testimony of witnesses, or for the production of documents required to be retained under subsection 14.16.050.A, or any other document relevant to the issue of whether any employee or group of employees has been or is afforded proper amounts of paid sick and paid safe time under this Chapter 14.16 and/or to whether an employer has violated any provision of this Chapter 14.16. The Hearing Examiner shall conduct the review without hearing as soon as practicable and shall issue subpoenas upon a showing that there is reason to believe that a violation has occurred if a complaint has been filed with the Agency, or that circumstances show that violations are likely to occur within a class of businesses because the workforce contains significant numbers of workers who are vulnerable to violations of this Chapter 14.16 or the workforce is unlikely to volunteer information regarding such violations.
F. An employer that fails to comply with the terms of any subpoena issued under subsection 14.16.070. E. in an investigation by the Agency under this Chapter 14.16 prior to the issuance of a Director's Order issued pursuant to subsection 14.16.075.C may not use such records in any appeal to challenge the correctness of any determination by the Agency of damages owed or penalties assessed.
G. In addition to other remedies, the Director may refer any subpoena issued under subsection 14.16.070.E to the City Attorney to seek a court order to enforce any subpoena.
H. Where the Director has reason to believe that a violation has occurred, the Director may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation or hearing, including but not limited to a deposit of funds or bond sufficient to satisfy a good-faith estimate of wages, interest, damages, and penalties due. A respondent may appeal any such order in accordance with Section 14.16.085.
(Ord. 127303, § 9, 2025; Ord. 124960, § 14, 2015; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.075 Findings of fact and determination
14.16.075 - Findings of fact and determination
A. Except when there is an agreed upon settlement, the Director shall issue a written determination with findings of fact resulting from the investigation and statement of whether a violation of this Chapter 14.16 has or has not occurred based on a preponderance of the evidence before the Director.
B. If the Director determines that there is no violation of this Chapter 14.16, the Director shall issue a "Determination of No Violation" with notice of an employee or other person's right to appeal the decision, subject to the rules of the Director.
C. If the Director determines that a violation of this Chapter 14.16 has occurred, the Director shall issue a "Director's Order" that shall include a notice of violation identifying the violation or violations. The Director's Order shall state with specificity the amounts due under this Chapter 14.16 for each violation, including payment of unpaid wages, liquidated damages, civil penalties, penalties payable to aggrieved parties, fines, and interest pursuant to Section 14.16.080. The Director's Order may specify that civil penalties and fines due to the Agency can be mitigated for respondent's timely payment of remedy due to an aggrieved party under subsection 14.16.080.A.2. The Director's Order may direct the respondent to take such corrective action as is necessary to comply with the requirements of this Chapter 14.16, including, but not limited to, monitored compliance for a reasonable time period. The Director's Order shall include notice of the respondent's right to appeal the decision pursuant to Section 14.16.085.
(Ord. 124960, § 15, 2015.)
Seattle Mun. Code § 14.16.080 Remedies
14.16.080 - Remedies
A. The payment of unpaid wages, liquidated damages, civil penalties, penalties payable to aggrieved parties, fines, and interest provided under this Chapter 14.16 are cumulative and are not intended to be exclusive of any other available remedies, penalties, fines, and procedures.
1. Effective January 1, 2017, the amounts of all civil penalties, penalties payable to aggrieved parties, and fines contained in this Section 14.16.080 shall be increased annually to reflect the rate of inflation and calculated to the nearest cent on January 1 of each year thereafter. The Agency shall determine the amounts and file a schedule of such amounts with the City Clerk.
2. If there is a remedy due to an aggrieved party, the Director may waive the total amount of civil penalties and fines due to the Agency if the Director determines that the respondent paid the full remedy due to the aggrieved party within ten days of service of the Director's Order. The Director may waive half the amount of civil penalties and fines due to the Agency if the Director determines that the respondent paid the full remedy due to the aggrieved party within 15 days of service of the Director's Order. The Director shall not waive any amount of civil penalties and fines due to the Agency if the Director determines that the respondent has not paid the full remedy due to the aggrieved party after 15 days of service of the Director's Order.
3. When determining the amount of liquidated damages, civil penalties, penalties payable to aggrieved parties, and fines due under this Section 14.16.080 for a Settlement Agreement or Director's Order, including but not limited to the mitigation of civil penalties and fines due to the Agency for timely payment of remedy due to an aggrieved party under subsection 14.16.080.A.2, the Director shall consider the total amount of unpaid wages, liquidated damages, penalties, fines, and interest due; the nature and persistence of the violations; the extent of the respondent's culpability; the substantive or technical nature of the violations; the size, revenue, and human resources capacity of the respondent; the circumstances of each situation; the amount of penalties in similar situations; and other factors pursuant to rules issued by the Director.
B. A respondent found to be in violation of this Chapter 14.16 shall be liable for full payment of unpaid wages due, provided that the employee is not entitled to payment for lost tips or commissions for paid sick and paid safe time as defined in Section 14.16.010, plus interest in favor of the aggrieved party under the terms of this Chapter 14.16 and other equitable relief. For a first violation of this Chapter 14.16, the Director may assess liquidated damages in an additional amount of up to twice the unpaid wages. For subsequent violations of this Chapter 14.16, the Director shall assess liquidated damages in an additional amount of twice the unpaid wages. If the violation is ongoing when the Agency receives a complaint or opens an investigation, the Director may order payment of amounts that accrue after receipt of the complaint or after the investigation opens and before the date of the Director's Order. Interest shall accrue from the date the unpaid wages were first due at 12 percent per annum, or the maximum rate permitted under RCW 19.52.020. For purposes of this Section 14.16.080, a violation is a subsequent violation if at least one Director's Order has issued against the respondent in the ten years preceding the date of the violation; otherwise, it is a first violation.
C. A respondent found to be in violation of Section 14.16.055 for retaliation shall be subject to any appropriate relief at law or equity including, but not limited to reinstatement of the aggrieved party, front pay in lieu of reinstatement with full payment of unpaid wages plus interest in favor of the aggrieved party under the terms of this Chapter 14.16, and liquidated damages in an additional amount of up to twice the unpaid wages. The Director also shall order the imposition of a penalty payable to the aggrieved party of up to $5,000.
D. A respondent who willfully violates the notice and posting requirements of Section 14.16.045 shall be subject to a civil penalty of $750 for the first violation and $1,000 for subsequent violations.
E. A respondent who willfully hinders, prevents, impedes, or interferes with the Director or Hearing Examiner in the performance of their duties under this Chapter 14.16 shall be subject to a civil penalty of not less than $1,000 and not more than $5,000.
F. For a first violation of this Chapter 14.16, the Director may assess a civil penalty of up to $500 per aggrieved party. For a second violation of this Chapter 14.16, the Director shall assess a civil penalty of up to $1,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. For a third or any subsequent violation of this Chapter 14.16, the Director shall assess a civil penalty of up to $5,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. The maximum civil penalty for a violation of this Chapter 14.16 shall be $20,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. For purposes of this Section 14.16.080, a violation is a second, third, or subsequent violation if the respondent has been a party to one, two, or more than two Settlement Agreements, respectively, stipulating that a violation has occurred; and/or one, two, ore more than two Director's Orders, respectively, have issued against the respondent in the ten years preceding the date of the violation; otherwise, it is a first violation.
G. For the following violations, the Director may assess a fine in the amounts set forth below:
Violation | Fine
Failure to provide notification each time wages are paid, an updated amount of paid time available for use as paid sick and paid safe time under subsection 14.16.030.K | $500
Failure to provide employees with written notice of rights under subsection 14.16.045.B | $500
Failure to provide employees with employer's written policy and procedure for meeting paid sick and paid safe time requirements under Section 14.16.045.C | $500
Failure to maintain employer records for three years under subsection 14.16.050.A | $500 per missing record
Failure to comply with prohibitions against retaliation for exercising rights protected under Section 14.16.055 | $1,000 per aggrieved party
Failure to provide notice of investigation to employees under subsection 14.16.070.B.2 | $500
Failure to provide notice of failure to comply with final order to public under subsection 14.16.100.A.1 | $500
The fine amounts shall be increased cumulatively by 50 percent of the fine for each preceding violation for each subsequent violation of the same provision by the same respondent within a ten-year period. The maximum amount that may be imposed in fines in any one year period for each type of violation listed above is $5,000 unless a fine for retaliation is issued, in which case the maximum amount is $20,000.
H. In addition to the unpaid wages, penalties, fines, liquidated damages, and interest, the Agency may assess against the respondent in favor of the City the reasonable costs incurred in enforcing this Chapter 14.16, including but not limited to reasonable attorneys' fees.
I. An employer that is the subject of a final order for which all appeal rights have been exhausted shall not be permitted to bid, or have a bid considered, on any City contract until such amounts due under the final order have been paid in full to the Director. If an employer is the subject of a final order two times or more within a five-year period, the contractor or subcontractor shall not be allowed to bid on any City contract for two years. This subsection 14.16.080.I shall be construed to provide grounds for debarment separate from, and in addition to, those contained in Chapter 20.70 and shall not be governed by that chapter provided that nothing in this subsection 14.16.080.I shall be construed to limit the application of Chapter 20.70. The Director shall notify the Director of Finance and Administrative Services of all employers subject to debarment under this subsection 14.16.080.I.
(Ord. 124960, § 16, 2015; Ord. 123899, § 16, 2012; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.085 Appeal period and failure to respond
14.16.085 - Appeal period and failure to respond
A. An employee or other person who claims an injury as a result of an alleged violation of this Chapter 14.16 may appeal the Determination of No Violation Shown, pursuant to the rules of the Director.
B. A respondent may appeal the Director's Order, including all remedies issued pursuant to Section 14.16.080, by requesting a contested hearing before the Hearing Examiner in writing within 15 days of service of the Director's Order. If a respondent fails to appeal the Director's Order within 15 days of service, the Director's Order shall be final. If the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall run until 5 p.m. on the next business day.
(Ord. 124960, § 17, 2015.)
Seattle Mun. Code § 14.16.090 Appeal procedure and failure to appear
14.16.090 - Appeal procedure and failure to appear
A. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases. The hearing shall be conducted de novo and the Director shall have the burden of proving by a preponderance of the evidence that the violation or violations occurred. Upon establishing such proof, the remedies and penalties imposed by the Director shall be upheld unless it is shown that the Director abused discretion. Failure to appear for a contested hearing shall result in an order being entered finding that the respondent committed the violation stated in the Director's Order. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear.
B. In all contested cases, the Hearing Examiner shall enter an order affirming, modifying or reversing the Director's Order.
(Ord. 124960, § 18, 2015; Ord. 123698, § 18, 2011.)
Seattle Mun. Code § 14.16.095 Appeal from Hearing Examiner order
14.16.095 - Appeal from Hearing Examiner order
A. The respondent may obtain judicial review of the decision of the Hearing Examiner by applying for a Writ of Review in the King County Superior Court within 30 days from the date of the decision in accordance with the procedure set forth in chapter 7.16 RCW, other applicable law, and court rules.
B. The decision of the Hearing Examiner shall be final and conclusive unless review is sought in compliance with this Section 14.16.095.
(Ord. 124960, § 19, 2015.)
Seattle Mun. Code § 14.16.100 Failure to comply with final order
14.16.100 - Failure to comply with final order
A. If a respondent fails to comply within 30 days of service of any settlement agreement with the Agency, or with any final order issued by the Director or the Hearing Examiner for which all appeal rights have been exhausted, the Agency may pursue, but is not limited to, the following measures to secure compliance:
1. The Director may require the respondent to post public notice of the respondent's failure to comply in a form and manner determined by the Agency.
2. The Director may refer the matter to a collection agency. The cost to the City for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the amounts due.
3. The Director may refer the matter to the City Attorney for the filing of a civil action in King County Superior Court, the Seattle Municipal Court, or any other court of competent jurisdiction to enforce such order or to collect amounts due. In the alternative, the Director may seek to enforce a Director's Order or a final order of the Hearing Examiner under Section 14.16.105.
4. The Director may request that the City's Department of Finance and Administrative Services deny, suspend, refuse to renew, or revoke any business license held or requested by the employer or person until such time as the employer complies with the remedy as defined in the settlement agreement or final order. The City's Department of Finance and Administrative Services shall have the authority to deny, refuse to renew, or revoke any business license in accordance with this subsection 14.16.100.A.4.
B. No respondent that is the subject of a final order issued under this Chapter 14.16 shall quit business, sell out, exchange, convey, or otherwise dispose of the respondent's business or stock of goods without first notifying the Agency and without first notifying the respondent's successor of the amounts owed under the final order at least three business days prior to such transaction. At the time the respondent quits business, or sells out, exchanges, or otherwise disposes of the respondent's business or stock of goods, the full amount of the remedy, as defined in a final order issued by the Director or the Hearing Examiner, shall become immediately due and payable. If the amount due under the final order is not paid by respondent within ten days from the date of such sale, exchange, conveyance, or disposal, the successor shall become liable for the payment of the amount due, provided that the successor has actual knowledge of the order and the amounts due or has prompt, reasonable, and effective means of accessing and verifying the fact and amount of the order and the amounts due. The successor shall withhold from the purchase price a sum sufficient to pay the amount of the full remedy. When the successor makes such payment, that payment shall be deemed a payment upon the purchase price in the amount paid, and if such payment is greater in amount than the purchase price the amount of the difference shall become a debt due such successor from the employer.
(Ord. 124960, § 20, 2015; Ord. 123698, § 20, 2011.)
Seattle Mun. Code § 14.16.105 Debt owed The City of Seattle
14.16.105 - Debt owed The City of Seattle
A. All monetary amounts due under the Director's Order shall be a debt owed to the City and may be collected in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies, provided that amounts collected by the City for unpaid wages, liquidated damages, penalties payable to aggrieved parties, or front pay shall be held in trust by the City for the aggrieved party and, once collected by the City, shall be paid by the City to the aggrieved party.
B. If a respondent fails to appeal a Director's Order to the Hearing Examiner within the time period set forth in subsection 14.16.085.B, the Director's Order shall be final, and the Director may petition the Seattle Municipal Court, or any court of competent jurisdiction, to enforce the Director's Order by entering judgment in favor of the City finding that the respondent has failed to exhaust its administrative remedies and that all amounts and relief contained in the order are due. The Director's Order shall constitute prima facie evidence that a violation occurred and shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under chapter 5.50 RCW containing evidence that the respondent has failed to comply with the order or any parts thereof, and is therefore in default, or that the respondent has failed to appeal the Director's Order to the Hearing Examiner within the time period set forth in subsection 14.16.085.B, and therefore has failed to exhaust the respondent's administrative remedies, shall also be admissible without further evidentiary foundation.
C. If a respondent fails to obtain judicial review of an order of the Hearing Examiner within the time period set forth in subsection 14.16.095.A, the order of the Hearing Examiner shall be final, and the Director may petition the Seattle Municipal Court to enforce the Director's Order by entering judgment in favor of the City for all amounts and relief due under the order of the Hearing Examiner. The order of the Hearing Examiner shall constitute conclusive evidence that the violations contained therein occurred and shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under chapter 5.50 RCW containing evidence that the respondent has failed to comply with the order or any parts thereof, and is therefore in default, or that the respondent has failed to avail itself of judicial review in accordance with subsection 14.16.095.A, shall also be admissible without further evidentiary foundation.
D. In considering matters brought under subsections 14.16.105.B and 14.16.105.C, the Municipal Court may include within its judgment all terms, conditions, and remedies contained in the Director's Order or the order of the Hearing Examiner, whichever is applicable, that are consistent with the provisions of this Chapter 14.16.
(Ord. 127303, § 10, 2025; Ord. 124960, § 21, 2015.)
Seattle Mun. Code § 14.16.110 Private right of action
14.16.110 - Private right of action
A. Effective April 1, 2016, for claims against employers that employ 50 or more employees and effective April 1, 2017 for claims against employers that employ fewer than 50 employees, any person or class of persons that suffers financial injury as a result of a violation of this Chapter 14.16 or is the subject of prohibited retaliation under Section 14.16.080, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this Chapter 14.16 and, upon prevailing, may be awarded reasonable attorney fees and costs and such legal or equitable relief as may be appropriate to remedy the violation including, without limitation: the payment of any unpaid wages plus interest due to the person and liquidated damages in an additional amount of up to twice the unpaid wages; and a penalty payable to any aggrieved party of up to $5000 if the aggrieved party was subject to prohibited retaliation. Interest shall accrue from the date the unpaid wages were first due at 12 percent per annum, or the maximum rate permitted under RCW 19.52.020.
B. For purposes of determining employer size for this Section 14.16.110,
1. An employee who is not covered by this Chapter 14.16 shall be included in any determination of employer size.
2. Employer size for the current calendar year will be calculated based upon the average number per calendar week of employees who worked for compensation during the preceding calendar year for any and all weeks during which at least one employee worked for compensation. For employers that did not have any employees during the previous calendar year, the employer size will be calculated based upon the average number per calendar week of employees who worked for compensation during the first 90 calendar days of the current year in which the employer engaged in business.
3. All employees who worked for compensation shall be counted, including but not limited to:
a. Employees who worked inside the City;
b. Employees who worked outside the City; and
c. Employees who worked in full-time employment, part-time employment, joint employment, temporary employment, or through the services of a temporary services or staffing agency or similar entity.
4. Separate entities that form an integrated enterprise shall be considered a single employer under this Chapter 14.16. Separate entities will be considered an integrated enterprise and a single employer under this Chapter 14.16 where a separate entity controls the operation of another entity. The factors to consider in making this assessment include, but are not limited to:
a. Degree of interrelation between the operations of multiple entities;
b. Degree to which the entities share common management;
c. Centralized control of labor relations; and
d. Degree of common ownership or financial control over the entities.
C. For purposes of this Section 14.16.110, "person" includes any entity a member of which has suffered financial injury or retaliation, or any other individual or entity acting on behalf of an aggrieved party that has suffered financial injury or retaliation.
D. For purposes of determining membership within a class of persons entitled to bring an action under this Section 14.16.110, two or more employees are similarly situated if they:
1. Are or were employed by the same employer or employers, whether concurrently or otherwise, at some point during the applicable statute of limitations period,
2. Allege one or more violations that raise similar questions as to liability, and
3. Seek similar forms of relief.
E. For purposes of subsection 14.16.110.D, employees shall not be considered dissimilar solely because their
1. Claims seek damages that differ in amount, or
2. Job titles or other means of classifying employees differ in ways that are unrelated to their claims.
(Ord. 124960, § 22, 2015; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.115 Encouragement of more generous policies
14.16.115 - Encouragement of more generous policies
A. Nothing in this Chapter 14.16 shall be construed to discourage or prohibit an employer from the adoption or retention of a paid sick and paid safe time policy more generous than the one required herein.
B. Nothing in this Chapter 14.16 shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan, or other agreement providing more generous sick and paid safe time to an employee than required herein.
C. Nothing in this Chapter 14.16 shall be construed as diminishing the rights of public employees regarding paid sick or paid safe time or use of sick or paid safe time as provided under federal or Washington state law or the Seattle Municipal Code.
(Ord. 124960, § 23, 2015.)
Seattle Mun. Code § 14.16.120 Waiver; Effect on collective bargaining rights
14.16.120 - Waiver; Effect on collective bargaining rights
A. A waiver by employees covered by a bona fide collective bargaining agreement of provisions of this Chapter 14.16 is permitted as follows:
1. Effective September 12, 2012 through December 31, 2017, the provisions of this Chapter 14.16 shall not apply to any employees covered by a bona fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms.
2. Effective January 1, 2018 through the later of: December 31, 2018; or the expiration of a collective bargaining agreement in existence on December 31, 2018; the provisions of this Chapter 14.16 that are more generous than those provisions requiring paid sick leave under chapter 49.46 RCW and chapter 296-128 WAC, including but not limited to more generous requirements for accrual and carry over for Tier 2 and Tier 3 employers under Section 14.16.025, shall not apply to any employees covered by a bona fide collective bargaining agreement to the extent that:
a. Such requirements are expressly waived in the collective bargaining agreement, or in an addendum to an existing agreement including an agreement that is open for negotiation;
b. The waiver is in clear and unambiguous terms and shall not impede the ability of the Office of Labor Standards to enforce any unwaived portions of this Chapter 14.16; and
c. Any labor organization that seeks to extend a waiver beyond January 1, 2018, files information on the pertinent collective bargaining agreement with the Office of Labor Standards. The information should include the name of the employer, the labor organization, the covered employees, the term of the collective bargaining agreement, and the language of the waiver. The information shall be filed with the Office of Labor Standards by the end of January 2018 or, for collective bargaining agreements ratified in 2018, within 30 days of the ratification date of such a collective bargaining agreement.
3. Effective on the later of: January 1, 2019; or the expiration of a collective bargaining agreement in existence on December 31, 2018; any waiver by employees covered by a bona fide collective bargaining agreement shall be deemed contrary to public policy and shall be void and unenforceable.
B. With the exceptions noted in subsection 14.16.120.A, any waiver by an individual of any provisions of this Chapter 14.16 shall be deemed contrary to public policy and shall be void and unenforceable.
(Ord. 125499, § 10, 2017; Ord. 124960, § 24, 2015; Ord. 123698, § 2, 2011.)
Seattle Mun. Code § 14.16.125 Other legal requirements
14.16.125 - Other legal requirements
A. This Chapter 14.16 provides minimum requirements pertaining to paid sick and paid safe time and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of sick or safe time, whether paid or unpaid, or that extends other protections to employees; and nothing in this Chapter 14.16 shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Nor shall this Chapter 14.16 be construed to preclude any person aggrieved from seeking judicial review of any final administrative decision or order made under this Chapter 14.16 affecting such person.
B. The paid sick and paid safe time required by this Chapter 14.16 is in addition to a contractor's obligations under 41 U.S.C. chapter 67 (Service Contract Act) and 40 U.S.C. chapter 31, subchapter IV (Davis-Bacon Act), or under chapter 39.12 RCW and contractors may not receive credit toward their prevailing wage or fringe benefit obligations under those Acts and Washington state law for any paid sick and paid safe time provided in satisfaction of the requirements of this Chapter 14.16. A contractor's existing paid leave policy provided in addition to the fulfillment of those Acts and Washington state law obligations, if applicable, and made available to all employees covered by this Chapter 14.16, will satisfy the requirements of this Chapter 14.16 provided that:
1. Available paid leave may be used for the same purposes and under the same conditions as paid sick and paid safe time as set forth in this Chapter 14.16; and
2. Paid leave is accrued at the rate consistent with this Chapter 14.16; and
3. Use of paid leave within any benefit year is limited to no less than the amounts specified in this Chapter 14.16; and
4. Any accrued but unused paid leave may be carried over to the following benefit year consistent with this Chapter 14.16.
(Ord. 124960, § 25, 2015.)
Seattle Mun. Code § 14.16.130 Severability
14.16.130 - Severability
The provisions of this Chapter 14.16 are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this Chapter 14.16, or the application thereof to any employer, employee, person, or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this Chapter 14.16, or the validity of its application to other persons or circumstances.
(Ord. 124960, § 26, 2015; Ord. 123698, § 2, 2011.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.16PASITIPASATIFetched: 11/1/2026