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Employment Standards. Tacoma has two new laws related to work conditions A majority of voters said yes to a $12 per hour Tacoma Minimum Wage phased in.

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Presentation on theme: "Employment Standards. Tacoma has two new laws related to work conditions A majority of voters said yes to a $12 per hour Tacoma Minimum Wage phased in."— Presentation transcript:

1 Employment Standards

2 Tacoma has two new laws related to work conditions A majority of voters said yes to a $12 per hour Tacoma Minimum Wage phased in over two years Tacoma workers can also earn paid time off from work for health, safety, and family care These two new employment standards took effect on February 1, 2016

3 Minimum Wage City of Tacoma

4 $12/hr Minimum Wage: How do we get there? The new minimum wage is phased in: o $10.35 per hour beginning February 1, 2016 o $11.15 per hour on January 1, 2017 o $12.00 per hour on January 1, 2018 o Annual adjustments in future years based on inflation

5 Who qualifies? WHO? All employees who will work 80+ hours per year in Tacoma are covered (full-time, part-time, seasonal, and temporary) Exceptions are rare. Special certificates issued by the State under RCW 49.46.060 for situations such as apprentices and disabled workers, and employees less than 16 years of age Do small businesses pay the new wage? Yes

6 Calculating wages Generally consistent with state law: o Tips, gratuities, travel allowances, and discretionary bonuses (like a holiday bonus) are not part of the wage o Commissions and some kinds of bonuses can be used when calculating the hourly wage

7 Minimum Wage Tools In your packet today: o Sample 2016 Workplace Notice o Quick Reference Guide o Ordinance & Rules Available at www.cityoftacoma.org/minimumwage:www.cityoftacoma.org/minimumwage o E-Newsletter Sign Up: Notifications of annual wage increases & more o Is your work location in city limits? Interactive address check map o FAQs

8 Paid Leave City of Tacoma

9 Paid leave basics WHO? All employees who will work 80+ hours per year in Tacoma are eligible (full-time, part-time, seasonal, temporary, multiple job sites, etc). HOW MUCH IS EARNED? 1 hour of employer-provided leave for every 40 hours worked, up to 24 hours per year. WHO CAN USE IT? Employees may begin using leave 180 days after their start date. ANNUAL LIMITS? Employees may carryover up to 24 hours of unused leave; use is limited to 40 hours in any calendar year.

10 What does this look like from Year-to-Year? Beginning Balance Hours Earned Hours Used End of Year Balance Carried Over to Next Year 20160240 201724 04824 201824 4088 20198241022 Example based on minimum accrual, use, and carry over limits set by the Ordinance. Employers are allowed to have more generous policies.

11 When can paid leave be used? Physical & Mental Health Domestic Violence, Sexual Assault, or Stalking Work or School Closure by Public Official Bereavement of Close Family Member Most uses can be for self or family care Can only be used for scheduled hours

12 Employee responsibilities When leave is foreseeable, employees must: Give at least 10 days notice (or as much notice as possible for unforeseen absences/emergencies) Generally comply with reasonable, normal notification policies/call-in procedures and “Make a reasonable effort to schedule the use of paid leave in a manner that does not unduly disrupt the operations of the employer”

13 Attendance policies Use of Paid Leave can’t trigger demerits, corrective action, or other absence control policies. Employers can take corrective action for abuse of paid leave. Employers can take reasonable measures to verify/document paid leave: o Policies must allow a personal statement from an employee as a form of documentation o Documentation received related to health/safety must be kept confidential

14 Designed to be flexible... CALENDAR YEAR: Employers define their own; but it must be consistent. OPTIONAL POLICIES Incremental Use Policy Donations of Paid Leave Front Loading or Loan Option to Cash Out Universal Paid Time Off Premium Pay Program Shift Swapping NOTE: Many options require an established written policy.

15 Paid Leave Tools In your packet today: o Paid Time Off Policy Checklist o Sample Workplace Notice (English only) o Quick Reference Guide o Ordinance & Rules Available at www.cityoftacoma.org/paidleave:www.cityoftacoma.org/paidleave o E-Newsletter Sign Up o Interactive address check map o Workplace notice in 5 additional languages o FAQs o Online Premium Pay Program application o Printable brochures for employee communications

16 Notice to Employees ( Both Paid Leave & Minimum Wage) Employers must provide regular updates on how much paid leave workers have available: On a paystub, online system, etc. Employers must also provide general notice to employees Notice can be posted in a conspicuous place, distributed upon hire, or included in handbooks Notices available in 6 languages on our website: English, Khmer, Korean, Russian, Spanish, Vietnamese.

17 Records Retain for 3 years Provide to the City upon request What is required? Employee name, hire date, hours worked in Tacoma, amount of leave accrued, amount of leave used, dates/times that leave was used. Requirements for Universal Paid Time Off and Premium Pay may vary slightly

18 What does enforcement look like? Enforcement begins when our office receives a complaint (phone, online, email, etc.) Initial contact with employer focuses on educating them about the law The employer will be asked to reimburse workers for any owed wages or paid leave Citation and civil penalties can be issued There are appeal options

19 Protection of Rights Retaliation is prohibited by the Tacoma Municipal Code Investigations will generally be workplace-wide and include more than just the employee who complained City investigators will not request worker documentation or ask any questions related to immigration status

20 We’re here for you… Detailed information on our website Customer service and investigation services available in Spanish (interpreters available in additional languages) Ongoing one-on-one support for Employer questions: cityoftacoma.org/employmentstandards (253) 591-5306 paidleave@cityoftacoma.org


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