January - March 2019

Aacres WA, LLC, which provides supportive living programs and services to people with developmental disabilities, settled with OLS for alleged violations of the Minimum Wage and Wage Theft ordinances involving employees who occasionally performed work in Seattle. In settlement, Aacres agreed to pay a total of $120,050.39 to 377 current and former employees, and $73.10 to the City of Seattle.

• Takeaway: Employees must be paid the Seattle minimum wage for each hour worked within the City of Seattle even if they are principally employed outside of Seattle.

Ola Salon, a hair and beauty salon, agreed to settle with OLS for alleged violations of the Paid Sick and Safe Time (PSST), Wage Theft, and Minimum Wage ordinances. Ola Salon employs approximately 18 employees. In addition to alleged minimum wage violations, OLS alleged that some workers were not being paid for time spent cleaning on designated "cleaning days," that the PSST policy was out of date, and that the tracking of work hours of commissioned employees were insufficient. The total financial remedy was $4,850.37 to 18 workers. ·       

• Takeaway: All employees, including those paid on commission, must be paid at least the minimum wage for all hours worked.   

Gordon Biersch Brewery Restaurant ("Gordon Biersch"), which operated one Seattle location with 50 employees, closed in the beginning of 2019, settled allegations under the Secure Scheduling ordinance. CraftWorks Restaurants & Breweries Group, Inc., which has 32 Gordon Biersch locations, employs about 9,800 employees nationwide. OLS alleged that the restaurant failed to pay employees for work schedule changes and for back-to-back opening and closing shifts separated by less than 10 hours. Gordon Biersch agreed to pay a total financial remedy of $26,014.50 to 26 affected employees.  

Heigh Connects, LLC dba Heigh Connects, Poke to the Max ("Poke to the Max"), a company with one restaurant and three food trucks in Seattle, settled allegations under the PSST, Wage Theft, and Minimum Wage ordinances. Poke to the Max employs approximately 30 employees in Seattle and 65 employees worldwide. OLS alleged that the company failed to provide PSST until early 2018, systemically denied rest breaks to employees working on food trucks, unlawfully withheld tips, and paid some employees less than the minimum wage rate during some periods. The company agreed to pay a total financial remedy of $86,165.45 to 131 affected employees.

Lancer & Lace, a downtown salon that employs about six employees, settled issues related to the salon's failure to provide PSST to its employees since January 2018. The total financial remedy was $1,054.18 to 10 affected current and former employees.  

Metropolitan Market LLC, a grocery store that operates seven locations throughout the Puget Sound (three are in Seattle), settled allegations under the Fair Chance Employment (FCE) ordinance. In settlement, Metropolitan Market agreed to modify its practices related to background checks.  

Johnny RPS Delivery, a package delivery service that operates one location in Seattle and employs approximately 20 employees, settled allegations under PSST, Minimum Wage, and Wage Theft ordinances. The company agreed to pay a total financial remedy of $33,514.13 to 55 affected employees.  

Washington CVS Pharmacy LLC("CVS") operates five locations and employs 60 employees in Seattle. CVS settled allegations of retaliation under the Secure Scheduling ordinance. The company agreed to pay a total financial remedy of $2,050.64 to the affected employee.  

Target Corporation ("Target"), a company with more than 400 Seattle employees at three locations (and approximately 350,000 employees worldwide), settled allegations under the PSST and Secure Scheduling ordinances. Among other issues, Target had not paid employees using PSST at their scheduled rate (i.e., at shift differential pay) and had not complied with the "access to hours" requirements contained in the Secure Scheduling law. Target agreed to pay a total financial remedy of $40,117.58, which included $21,045.06 to 480 affected employees and $19,072.52 in penalties to the City of Seattle. ·       

• Takeaway: Pay for schedule changes under the Secure Scheduling ordinance, as well as paid sick and paid safe time under the PSST ordinance, must be paid at the employee's scheduled rate of pay, which includes any shift differentials where applicable.

Oil Express Inc dba Jiffy Lube #2051 ("Jiffy Lube"), which employees approximately 45 Seattle employees and 20,000 employees worldwide, settled allegations under the FCE ordinance. OLS alleged that when the complainant applied for a promotion at Jiffy Lube, the company ran a background check and failed to conduct a legitimate business reason analysis or hold the position open for two days to give the complainant an opportunity to respond or correct the information in his background check report. The total financial remedy was $533 to the complainant.

PeopleReady, Inc. dba PeopleReady and TrueBlue, Inc. dba Labor Ready,twostaffing agencies operating as a joint employer, settled allegations under the Wage Theft ordinance on behalf of a single complainant. Specifically, OLS alleged that the companies failed to pay wages to the complainant for at least three days of work. The total financial remedy was $1,746.13.