Washington Tukwila Fair Scheduling – Compliance Reminder

Last November, the voters of Tukwila approved a ballot initiative to create a fair scheduling rule, applicable to employers with 15 or more employees.

 

Extra Hours Must Be Offered to Current Employees

Before hiring any additional employees or subcontractors (including through staffing agencies or temporary services), large and midsize employers must offer additional hours of work to current nonexempt employees who usually work less than 35 hours per week and who have the appropriate skills and experience. Employers are not required to offer hours internally if it would generate overtime.

 

Action Items

In addition to implementing the new minimum wages, affected employers need to distribute the Tukwila Labor Standards Notice to employees by June 30, 2023, and post it in the workplace.  Employers should also ensure that those who are responsible for scheduling and hiring fully understand the new rules about offering additional hours to current employees.

 

Employers who have fewer than 15 workers worldwide and earn $2 million or less in annual gross revenue in Tukwila and are not associated with a franchisor or network of franchisees employing over 500 workers are not affected but may still be subject to State minimum wage and other laws.

 

Washington Unjustified Searches of Employees’ Personal Vehicles Prohibited

Effective July 23, 2023, employers cannot search employees’ privately owned vehicles that are in the employer’s parking lot, garage, or on the access road to them. Unless it’s illegal, employees can keep private property in their vehicle and employers cannot require them to waive their privacy protections as an employment condition. Employers are also prohibited from retaliating against an employee for exercising their legal rights.

 

The law has many exceptions. For instance, it does not apply:

• To employer-owned vehicles;
• When the employer needs to inspect the employee’s private vehicle—to ensure it’s reliable, safe, running, etc.—because the employer authorized its use for work-related activities; or
• When it is reasonably necessary to access the vehicle to prevent an immediate threat to human health, life, or safety.