Final Administrative Rules for Seattle Paid Sick and Safe Time Ordinance and a Change Regarding “Normal Hourly Compensation”

This month, the Seattle Office of Labor Standards announced its final revisions to the administrative rules for Seattle’s Paid Sick and Safe Time (“PSST”) ordinance.  The rules become effective July 1, 2018.  Seattle’s Paid Sick and Safe Time Ordinance requires employers operating in Seattle to provide all employees with paid leave to care for themselves or a family member with a physical or mental health condition, medical appointment, or a critical safety issue, among other reasons.  The final administrative rules are available for viewing here:

http://www.seattle.gov/Documents/Departments/LaborStandards/2018_PSST_Rules.pdf

Additionally, the Office of Labor Standards announced that it is modifying the proposed rule on the definition of “normal hourly compensation,” as well as providing an additional comment period on that definition.  In the initial draft rule revisions, the definition of “normal hourly compensation” required employers to include holiday pay and other premium rates for purposes of paying employees for use of their Paid Sick and Safe Time.  After considering comments from the original comment period, the Office of Labor Standards is proposing a modified definition, wherein “normal hourly compensation” will not include holiday pay or other premium rates.  This modified definition is intended to be consistent with approaches taken by the Washington State Department of Labor and Industries and other jurisdictions with similar laws and ordinances.  The Office of Labor Standards indicates that this change was made to promote compliance and to facilitate implementation of PSST.  The new definition of “normal hourly compensation” will be finalized by July 1, 2018.

If you have questions about Seattle Paid Sick and Safe Time, please contact Margaret Davis at mdavis@davisgrimmpayne.com or 206-447-0182.

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