July - September 2018
July
Phinney Ridge Painting, LLC, a Ballard company with approximately 21 employees in Seattle, agreed to settle allegations under the PSST, Fair Chance Employment, and Wage Theft Ordinances. The total financial remedy was $120,446, which included $78,728 in unpaid compensation, $28,926 in liquidated damages and $13,840 in interest to 32 affected employees. Additionally, Phinney Ridge revised its job application to comply with Fair Chance Employment Ordinance and gave every employee an additional 30 hours of PSST.
Heigh Connects, LLC dba Poke to the Max, a restaurant with two stores and two food trucks in Seattle, settled an investigation examining whether it had engaged in retaliatory termination of a worker. The company agreed to pay a total financial remedy of $17,767.50 to the complainant.
August
Robert Leonard Salon & Day Spa, a large employer operating a single location in Seattle, violated the Minimum Wage, Wage Theft, and PSST Ordinances. Specifically, the spa failed to pay wages to four workers for their participation in the company's Apprenticeship Program. The employer was cooperative, came into compliance, and completed OLS training prior to settlement negotiations. The total financial remedy in this case was $4,538.30, which included payments to four current and former employees and a penalty to the City of Seattle. In settlement, the spa also agreed to modify its PSST policy and provide written PSST notifications to its employees.
Skyline at First Hill, a private retirement home, was allegedly not in compliance with the PSST Ordinance. It was claimed that Skyline terminated a dining hall worker after the employee called out sick on multiple days in 2016. In settlement, the company agreed to pay $1,839.46 in back wages, interest, and monetary remedies to the former employee and $1,030 to the City. The company also agreed to non-monetary terms, including notice to management concerning unlawful PSST retaliation, and training for management about all Seattle labor standards ordinances.
Chipton-Ross, Inc., a nationwide staffing agency with approximately 10 employees in Seattle, settled allegations that it unlawfully deducted one hour of bonus pay for each PSST hour used. During the investigation, Chipton-Ross, Inc. changed its policies to come into compliance with PSST to ensure that employees' use of PSST did not impact their bonuses. The settlement also included an admission of a first violation and the distribution of the updated policy to employees.
Heartland Payment Systems, a worldwide provider of payment technology with approximately 11,000 employees worldwide, agreed to pay $8,902.28 to one former employee for alleged retaliatory termination following the company's execution of a prior settlement with OLS.
M Room Seattle, LLC dba M Room Barbershop, which is currently out of business but formerly operated three barbershops in Seattle, agreed to settle alleged violations of the Paid Sick and Safe Time, Minimum Wage, and Wage Theft Ordinances. In settlement, M Room Barbershop's former owner agreed to pay $10,000 in back wages to one former employee and $1,545 in fines to the City of Seattle.
One More Time, Inc. dba The Seattle Eagle, a bar that employs six people on Capitol Hill, Seattle, admitted to a violation of the Minimum Wage and Wage Theft Ordinances. It agreed to distribute written notices of employment information to workers, finalize and distributing a PSST policy, and regularly notifying employees of their PSST balance, accrual, and amount of PSST used. The employer paid $6,881.96 in back wages to correct minimum wage violations dating back to 2015 and 2016.
OfficeMax involving Secure Scheduling. OfficeMax took steps to comply with Secure Scheduling at three of its four Seattle locations, but was not complying with the law at its Ballard location. OfficeMax has thousands of employees worldwide. The total financial remedy was $12,558.28, paid to 33 employees who were employed between January and May 2018. In settlement, the company also agreed to create and distribute a written Secure Scheduling policy and update its PSST policy.
Derek's Auto Detail, a car dealership, had a non-compliant PSST policy and practice. Derek's was cooperative during the investigation and came into substantial compliance before the settlement was executed. The agreement provides for a total financial remedy of $6,210.87 distributed to 21 workers and over 300 hours in PSST accruals for 11 workers. The agreement also requires the employer to attend management training, develop a compliant PSST policy, and distribute written notices of employment information for all workers.
American Medical Response (AMR), a nationwide emergency medicine services company employing hundreds of workers in Seattle, settled a matter related to PSST. AMR had a practice of disciplining employees for using more than 72 hours of PSST in a year, in violation of current law's elimination of the cap on PSST accruals. AMR agreed to correct the practice, amend its PSST policy, and pay a total of $4,368.90 in back wages, interest, and penalties to employees.
Bright Horizons Children's Center is a child care and early education provider with nine locations and hundreds of employees in Seattle and thousands of employees at more than 1,000 child care centers worldwide. OLS settled allegations that Bright Horizons' failure to provide PSST to substitute teachers in its substitute pool and in-home caregivers. The total financial remedy was $50,065.95, comprised of $25,277.59 in unpaid compensation and interest, $18.888.36 in liquidated damages, and $5,900 in civil penalties and fines paid to aggrieved parties. 118 employees received monetary compensation and 41 employees received a total of 1082.63 hours in additional PSST accrual. The settlement agreement also required notice to employees of the investigation, posting of the OLS poster in nine languages spoken by employees, and modifications to Bright Horizons' policies to ensure compliance with PSST.
OLS issued a reasonable cause finding against American Healthcare Services, Inc. (AHS). AHS is a home healthcare agency with one location in Seattle and approximately 50 employees. The investigation involved alleged Minimum Wage, Wage Theft, and PSST violations, as well as a discrimination claim with the Seattle Office for Civil Rights. The investigation proved difficult due to poor record keeping and a lack of cooperation by the company. OLS's investigation determined that AHS should pay $7,021.19 to 11 employees, and a civil penalty of $500.00.
September
BNS Lounge LLC dba Billy Beach Sushi & Bar for violations of the PSST Ordinance. Billy Beach Sushi & Bar failed to implement a PSST policy or provide PSST to its workers until February 2018. In settlement, 102 current and former employees received a total of $39, 378.57 in PSST payout plus interest, liquidated damages, and penalties for April 2015 to February 2018. Billy Beach Sushi & Bar currently employs approximately 30 employees.
Compass One, LLC dba Eurest Dining Service, part of a worldwide corporation with one location in Seattle, provides staffing for food delivery, hospitality, and support services. OLS investigated the company's failure to implement a compliant PSST policy, to permit employees to accrue and use PSST as required, and to provide employees with PSST during their first 180 days of employment. During the investigation, the company developed a compliant PSST policy and adopted a payroll system to provide written notifications of PSST balances to employees as required. Finally, Compass One paid a total of $21,695.59 to former and current employees.
Mariane Ibrahim Gallery, LLC is a for-profit art gallery in downtown Seattle. On September 11, 2018, OLS issued a formal determination against Mariane Ibrahim Gallery, LLC, finding the employer had misclassified a worker as a student intern and, as a result, failed to pay minimum wage, provide rest breaks, reimburse incurred expenses, and pay overtime. OLS ordered a total remedy of $18,169.55, comprised of back wages, interest and liquidated damages payable to the complainant in the amount of $15,852.55, and civil fines and penalties to the City of Seattle in the amount of $2,317.
Kari Kennell 1996 Residence Trust operated one location in Seattle and at one time employed four workers. At the close of this investigation, the Trust reported it was no longer operating in Seattle. OLS investigated allegations concerning the Wage Theft Ordinance and failure to provide written notice of employment information, pay stubs, and PSST balance notifications. The Trust settled the matter by agreeing to a total financial remedy of $7,609.85, comprised of $4,499.85 in unpaid compensation and interest to one employee, $2,260 in monetary remedies to six employees, and $850 in civil penalties and fines to the City of Seattle.
Ballard Annex Oyster House is part of a large restaurant company (Opper Melang Restaurant Group) that employs about 530 workers nationwide. On September 19, 2018, OLS settled a case with Ballard Annex Oyster House after investigating allegations that the company failed to pay overtime pay for hours worked above 40 to employees who worked at multiple restaurants in a single work week and failed to pay some employees the higher minimum wage required for a large employer. The total financial remedy to seven employees was $29,264.04, which included a $500 penalty payable to the City. The settlement also required the investigation results to be distributed to the affected employees and management.
Alki Auto Body, Inc., dba Fix South Seattle, which employs 18 workers in Seattle, agreed to a settlement concerning failure to provide notice of rights, to pay employees for supplemental and vacation time, and to provide Paid Sick and Safe Time (PSST). Early in the investigation, Alki began providing PSST to employees and provided employees with a notice of their rights. In settlement, the company agreed to pay $5,697.25 to seven employees for back PSST, and to comply with other conditions.
Forever 21 Retail, Inc., a clothing retailer with three locations in Seattle and over 30,000 employees worldwide, settled an investigation concerning violations of the Minimum Wage Ordinance. Forever 21 brought employees from outside Seattle to work at its Seattle stores at sub-minimum wage rates. The employer agreed to pay a total of $10,046.21, which included $2,103.41 in back wages and interest, $2,542.80 in liquidated damages, and $5,400 in penalties to 36 employees.