April - June 2019

Rylem LLC, a staffing business that places applicants primarily at Amazon, settled allegations under the Fair Chance Employment (FCE) ordinance. OLS alleged that Rylem failed to give the applicant the opportunity to explain or correct information in their background report and failed to conduct a legitimate business reason analysis. The total financial remedy was $533 to the complainant.

• Takeaway: All employers must follow the requirements of the FCE ordinance, including staffing agencies. If a criminal background is the sole reason for an adverse action, prior to taking the adverse action, the employer must (a) identify to the applicant the specific record(s) they are relying upon and (b) give the applicant an opportunity to explain or correct the record. In addition, in such a case, the employer must demonstrate that it has a legitimate business reason for its adverse action.

First & Goal Hospitality Inc., CenturyLink Field's in-house food and beverage company settled allegations under the FCE ordinance. OLS alleged the company failed to identify the criminal history record it relied upon in denying employment to the applicant, and also failed to provide the applicant an opportunity to provide information regarding rehabilitation. The total financial remedy was $533 to the complainant. 

CSH Queen Anne Lessee LLC dba Queen Anne Manor, a senior living residence that provides assisted living, settled allegations under the FCE ordinance. OLS alleged after running a background check, the company failed to provide the applicant an opportunity to explain or correct the information, and also failed to conduct a legitimate business reason analysis. The total financial remedy was $533 to the complainant.  

Lake Union Charters and Adventures LLC, a small business that sells sailing services to the public, settled allegations under the Paid Sick and Safe Time (PSST) ordinance regarding failure to provide PSST to its employees. In addition to reinstating PSST hours, the company agreed to pay a total financial remedy of $1,852.84 to 20 affected employees. 

Bon Appetit Management Co. dba Bon Appetit Amazon Met North ("Bon Appetit"), a catering and staffing company that employs over 250 employees in Seattle at over 15 locations, settled allegations under the Wage Theft (WT) and FCE ordinances. Specifically, OLS alleged that Bon Appetit failed to pay applicants for time spent working during the interview process, and that it failed to give applicants an opportunity to explain or correct information turned up in their background check. The total financial remedy was $4,586.94 to nine affected individuals.  

Staff Pro Inc., a crowd management, event staffing, and consulting company with over 500 employees worldwide, settled allegations under the FCE ordinance. OLS alleged that Staff Pro included categorical exclusions on its website ("We also perform criminal background checks ensuring there are no felony convictions on any new hire" and "prohibits employees that are on probation or have misdemeanor convictions related to theft, violence, crimes against children or forgery, from working within our organization"), and also failed to identify specific records it relied upon in denying the complainant a job. The complete financial remedy was $533 to the complainant.

Zeeks Pizza, which operates eight locations in Seattle, settled allegations under the WT ordinance. Specifically, OLS alleged the company was not disclosing on bills to customers the amount of service charges that went to delivery drivers. The total financial remedy was $285,150.85 to 257 current and former delivery drivers.

• Takeaway: Employers must disclose the percentage of the service charge that is paid to employees serving the customer. If any portion of a service charge is not clearly designated as being retained by the employer, it must be paid to the employees serving the customer.

Vendemmia LLC, a restaurant in the Madrona neighborhood with 10-12 employees, settled allegations under the WT ordinance. OLS alleged that Vendemmia illegally permitted the manager and owner to participate in the tip pool. The total financial remedy was $18,683.41 to 26 affected employees.  

United Parcel Service, Inc. dba United Parcel Service, UPS, United States Service-Redmond settled allegations under the PSST, FCE, and WT ordinances. The total financial remedy was $40,595.39, which included $39,529.39 to 15 affected employees and $1,066 to the City of Seattle.  

OLS issued a formal determination of a violation against MLV Enterprises, Inc. dba The Attic Alehouse, Attic Alehouse & Eatery; DMC Lake Stevens Inc. dba Attic Alehouse & Eatery (collectively, "Attic Alehouse"), a restaurant and bar located in Madison Park, under the Minimum Wage (MW), WT, and PSST ordinances. Specifically, OLS found Attic Alehouse failed to pay two employees for all hours worked, and also failed to pay overtime and minimum wage. The total financial remedy was $90,921.10, which included $86,721.10 to two affected employees and $4,200 in fines to the City of Seattle.  

Evergreen Adult Family Home LLC, an assisted living facility that operates homes and employs approximately 65 employees in Seattle, settled allegations under the WT and PSST ordinances. OLS alleged, among other things, that the company delayed payment of wages for multiple employees, and also retaliated against one employee who requested PSST by cutting the worker's hours. The total financial remedy was $10,337.62, which included $10,247.62 to 70 affected employees and $130 in fines to the City of Seattle.  

Security Industry Specialists Inc. ("SIS"), a company that provides security for corporations in over 19 countries and employs over 250 employees within Seattle, settled allegations under the FCE ordinance. OLS alleged that SIS failed to give an applicant an opportunity to explain information found in a background check and failed to conduct a legitimate business reason analysis. The total financial remedy was $533 to the applicant.  

PDK Services, LLC dba Gene Johnson Plumbing, Inc., a company that provides plumbing and heating installation services, repairs, and construction, settled allegations under the FCE ordinance. Gene Johnson Plumbing operates out of one office in the Green Lake neighborhood and employs approximately 20-25 Seattle employees. OLS alleged the company categorically excluded persons with criminal backgrounds in its apprenticeship program: as part of the hiring process, applicants were told not to complete the job application if they had a felony conviction or a DUI. In settlement, OLS arranged for all workers to attend a training on Seattle's labor standards conducted by Casa Latina, a partner in the OLS Community Outreach and Education Fund. The total financial remedy was $533 to the applicant.  

Coffee Tree & Poke Inc dba Coffee Tree & Poke ("Coffee Tree"),with two locations in Seattle and less than 20 employees, settled allegations under the PSST and WT ordinances. The total financial remedy was a $66 fine to the City of Seattle.   

Boyd Property Management, a property management company with several properties in Seattle and approximately ten Seattle employees, settled allegations under the MW and WT ordinances. In addition to minimum wage issues, OLS alleged that the company was not paying employees overtime for hours worked above 40 in a workweek. The total financial remedy was $21,800.92 to eight affected employees.

Universal Protection Service of Seattle LLC dba Allied Universal Security Services, LLC ("Allied Universal"), a company that employs over 200,0000 security employees across North America, settled second violations under the PSST, WT, and MW ordinances. Due to advocacy by their union, SEIU Local 6, the employees' claims for back pay were resolved prior to the closure of the OLS case. In settlement, the company agreed to have their management participate in training on Seattle's labor standards and develop internal procedures to ensure future compliance with these standards.