April - June 2020
Steaks of Washington LLC dba Steak N Shake ("Steak N Shake"), a large restaurant franchise that operates one (now indefinitely closed) location in Seattle, settled an intake negotiation under the Secure Scheduling ordinance. Prior to COVID-19, the restaurant had approximately 5-10 Seattle employees at a given time; at the time of settlement, Steak N Shake had no current Seattle employees. Steak N Shake was not complying with any elements of the Secure Scheduling ordinance. The total financial remedy was $5,666 to 20 affected employees.
Trades Labor Seattle LLC dba Trades Labor Corporation ("Trades Labor"), a temporary staffing agency with one location in Seattle, settled allegations under the Paid Sick and Safe Time (PSST) and WT ordinances. The number of employees at any given time fluctuates, with an average of 288 employees per week in 2018. OLS alleged Trades Labor failed to provide various notices to employees under the PSST and WT ordinances. The total financial remedy was $2,050 payable to the City of Seattle.
Crumble and Flake, a pastry shop in Seattle with one location in Capitol Hill, settled allegations under the PSST, WT, and MW ordinances. Specifically, OLS alleged the owner was participating in the tip pool, and the employer failed to provide PSST and sometimes paid below the minimum wage. The total financial remedy was $13,028.04 to 19 affected employees.
Microsoft Corp dba Microsoft Retail Store #13 ("Microsoft"), a large technology corporation which operates one retail store in Seattle, settled allegations under the Secure Scheduling ordinance. OLS alleged Microsoft failed to pay employees premium pay for schedule changes when employees stayed past the end of their shift to help customers. The total financial remedy was $11,931.70 to 47 affected employees.
GameStop, Inc. dba ThinkGeek #9114 ("ThinkGeek"), a large game store company that operated one location in Northgate and closed in July 2019, settled allegations of the PSST, MW, WT, and Secure Scheduling ordinances. Specifically, OLS alleged ThinkGeek failed to provide PSST, pay for schedule changes, and meal and rest breaks; failed to pay Tacoma-based occasional basis employees minimum wage for time worked in Seattle; and retaliated against an employee for inquiring about their rights. The total financial remedy was $19,592.77 to 26 affected employees.
OLS issued a Determination of Violation against MH Hospitality House of WA, Inc., dba Tribeca Kitchen & Bar, a full-service restaurant with approximately 40 Seattle employees. OLS found Tribeca Kitchen & Bar and Riviera failed to provide employees with PSST, and also failed to pay some employees minimum wage. The total financial remedy was $19,628.31, which included $15,554.50 to 22 affected employees and $4,073.72 to the City of Seattle.
Metsync Master LLC, a Metro PCS Authorized Dealer that sold cell phones and cell phone equipment at one retail location in Seattle, settled allegations under the Minimum Wage and Wage Theft ordinances. OLS alleged the company failed to pay the Seattle minimum wage for hours worked in Seattle, and failed to pay overtime at the required rate. As of 2017, Metsync Master no longer does business in Seattle. The total financial remedy was $7,121.76, which includes $6,981.76 to 7 affected employees and $140 to the City of Seattle. Separately, OLS also issued a Determination of No Violation against Metsync Master LLC and company owner Ambaresh Siddhantakar on retaliation claims. OLS determined that the company and Siddhantakar did not retaliate against the complainant for inquiring about his rights under the MW ordinance.
Mystic Kombucha LLC (collectively, "Mystic Kombucha") settled allegations under the WT and PSST ordinances. Mystic Kombucha, which employs 1-3 employees and operates one location in Seattle, sells kombucha to restaurants, stores, and to consumers directly at farmers markets throughout Seattle. OLS alleged Mystic Kombucha misclassified its entire workforce as independent contractors, resulting in, among other things, the failure to provide PSST, pay for all hours worked, reimburse for employer expenses, and provide meal and rest breaks. The total financial remedy was $31,956.81 to 16 affected employees.
In its largest settlement to date, OLS reached a nearly $2 million settlement with Macy's, a department store chain that previously operated two locations in Seattle with hundreds of Seattle employees and tens of thousands of employees worldwide, for alleged violations of the Secure Scheduling ordinance. OLS alleged the company failed to issue pay for schedule changes, failed to post schedules 14 days in advance in some instances, provided insufficient good faith estimates of hours to employees, provided insufficient notices of additional hours to existing employees, and failed to comply with the requirements around the right to request input into the work schedule for at least one employee. The total financial remedy was $1,999,839.35, which included $1,999,359.35 to 803 affected employees and $480 to the City of Seattle. On average, workers will receive around $2,500, and several workers will receive over $10,000. Most of the financial remedy represented back wages and damages for pay for schedule changes (premium pay). As of February 2020, Macy's no longer does business in Seattle.