Table Of Contents
Seattle Secure Scheduling: A Comprehensive Guide
If you run a small business in Seattle—whether a boutique retail store, a cozy café, or part of a growing restaurant chain—you’ve likely heard of the city’s Secure Scheduling Ordinance. This local law, sometimes referred to as “fair scheduling,” aims to protect hourly workers from last-minute shift changes and uncertain work hours. While it can feel like one more rule to follow, understanding Seattle’s Secure Scheduling requirements is essential to keep your business on solid footing. Plus, many of these requirements simply reflect best practices for a fair and supportive workplace.
In this comprehensive guide, we’ll break down the key details you need to know: who’s covered, what obligations are involved, and how to navigate the ins and outs of predictive scheduling. We’ll also point you to official sources—like the Seattle Office of Labor Standards (OLS)—so you can stay up to date with the latest forms and posters. Let’s dive in and clarify what Seattle’s Secure Scheduling law entails for your day-to-day operations.
1. Name & Enforcing Agency
The formal name of the legislation is the Seattle Secure Scheduling Ordinance, found in Seattle Municipal Code (SMC) 14.22. Enforcement is overseen by the Seattle Office of Labor Standards (OLS). If a covered employee has a complaint about scheduling practices, or if an employer has questions, the OLS is the primary resource. They also develop and issue administrative rules, offer technical guidance, and conduct investigations.
Because the OLS actively updates its policies and provides resources, it’s worth bookmarking their Secure Scheduling page. By checking it frequently, you can ensure you have the latest posters, fact sheets, and clarifications on specific provisions.
2. Coverage: Who Needs to Comply?
One of the first questions business owners ask is, “Does my business fall under the Secure Scheduling rules?” The ordinance specifically targets:
- Large Retail Employers with 500 or more employees worldwide (including part-time, temporary, and full-time workers).
- Food Service Employers with 500+ employees globally and at least 40 locations anywhere in the world. This often applies to chain restaurants or integrated enterprises.
But what if you run a franchise? According to SMC 14.22, the franchisor and the franchisees are collectively counted. If that total headcount exceeds 500 workers worldwide, you must comply.
All employees who work in Seattle—even if they only telecommute part of the time—are generally covered, provided they perform most of their work hours within city limits. Additionally, part-time and temporary employees also enjoy the law’s protections. If you’re unsure whether you meet or exceed that 500-employee mark, consider auditing your global workforce or consulting the OLS Administrative Rules for details on counting methods.
3. Advance Scheduling: The 14-Day Notice
At the heart of Seattle’s Secure Scheduling Ordinance is the requirement that covered employers provide employees with at least 14 days of advance notice of their work schedules. That means you can’t just post a schedule on Sunday night for the workweek starting Monday. Schedules must be given in writing—whether on a physical bulletin board or a digital platform like an employee portal.
This provision offers much-needed predictability for workers, who can then better plan childcare, second jobs, or personal appointments. As an employer, it’s best practice to maintain a consistent schedule creation process, often aided by scheduling software (like Shyft, among other solutions) that keeps track of shifts and notifies employees of updates.
Additionally, the law calls for a written good faith estimate of the median hours an employee can expect to work at the time of hire. While it’s not binding, repeated or extreme deviations from the estimate could draw scrutiny from the OLS. Keeping accurate records of how you determine these estimates can go a long way in proving compliance.
4. Predictability Pay
No one likes getting called in at the last minute—or losing shifts right before they’re supposed to start. That’s why the Secure Scheduling Ordinance includes predictability pay, a form of compensation to employees when an employer changes the posted schedule within the 14-day notice window.
- Adding hours or changing start/end times without losing total hours generally requires the employer to pay the worker one additional hour at the regular rate.
- Subtracting hours or partially canceling a shift generally means paying the employee half of the wages for the hours they lose.
Keep in mind there are exceptions. If the employee volunteers to leave early or requests a shift swap, you typically won’t owe predictability pay. Similarly, if severe weather, major accidents, or public utility failures force schedule changes, predictability pay often does not apply.
5. Extra Hours for Part-Timers
Before you decide to hire a new employee or call a temp agency, the ordinance obligates you to offer extra hours to your existing part-time staff. This measure ensures that workers seeking more hours can get them, rather than being overlooked in favor of new hires. To comply, you might send out a standard notice to part-timers listing available shifts and giving them a window of time to respond.
Of course, you are only required to offer these extra hours to part-time employees who are reasonably qualified to perform the work. For instance, a front-of-house cashier typically won’t be offered a specialized baker’s shift unless they have the necessary training. This requirement helps current employees avoid “stuck on part-time” hours and fosters a sense of workplace advancement.
6. Rest Between Shifts
Sometimes called the “clopening” provision, Seattle’s 10-hour rest requirement mandates at least 10 hours off between consecutive shifts. If an employer wants an employee to work with fewer than 10 hours of rest—like closing the store late and opening early—they must pay time-and-a-half for the hours that fall within that rest period. Alternatively, employees can decline to work these “clopening” shifts unless they voluntarily consent in writing.
This rule recognizes that employees need adequate rest to perform safely and efficiently. It also encourages businesses to spread shifts among staff members, reducing the risk of fatigue and burnout.
7. Retaliation Prohibited
Like many labor ordinances, Seattle’s Secure Scheduling law makes it illegal for employers to retaliate against workers for exercising their rights. Employees have every right to:
- Request schedule changes
- Inquire about predictability pay
- File complaints with the OLS
- Cooperate with any investigation
Retaliation can take many forms, from cutting hours and demoting employees to outright termination. If the OLS finds that an employer has retaliated, penalties can include back pay, reinstatement, and additional fines. The law’s aim is simple: workers should feel safe coming forward with issues and confident that their livelihood won’t be jeopardized for doing so.
8. Recordkeeping & Posting
Sound recordkeeping is your best friend when it comes to compliance. Under the ordinance, you must keep scheduling and payroll records for at least three years. That includes:
- Written good faith estimates
- Posted schedules
- Notices of changes (and related predictability pay documentation)
- Voluntary employee agreements to take shifts with short rest
You’re also required to post the official Secure Scheduling notice in a conspicuous place. If your workforce is remote or scattered across multiple locations, providing an electronic copy is acceptable. You can download the most current poster directly from the OLS Secure Scheduling page. Regularly check for updates, as the city may revise the poster to reflect legislative changes or to provide clearer language.
9. Enforcement & Penalties
The OLS has the authority to investigate potential violations either through employee-filed complaints or proactive audits. For confirmed violations, employers may face a range of penalties:
- Back pay for lost wages
- Predictability pay owed to affected employees
- Fines for failing to post mandatory notices or keep records
- Reinstatement if an employee was terminated due to retaliation
In some situations, employees may also have a private right of action—meaning they can file a civil lawsuit against the employer. As always, confirm the most current enforcement protocols in SMC 14.22 or through the OLS Administrative Rules.
10. Emergency Provisions
Seattle’s Secure Scheduling Ordinance recognizes that life happens—even in a well-run business. Certain emergencies beyond an employer’s control are exempt from predictability pay. For example:
- Severe weather events or natural disasters
- Power outages or other public utility failures
- Major accidents that interrupt normal operations
- Threats to property or employee safety
In these instances, you can shift or cancel employee schedules without incurring predictability pay liabilities, provided you document the reason thoroughly. Good documentation—like emails, news reports, or maintenance notices—can help prove that the change stemmed from an emergency rather than any attempt to skirt the ordinance.
11. Additional Topics
Collective Bargaining Agreements (CBAs) can legally waive the Secure Scheduling requirements as long as the waiver is clear and unambiguous about overriding these rules. That said, not all CBAs include such a waiver. If you operate under a union contract, check whether your agreement addresses or waives the ordinance.
The city’s scheduling law also intersects with other important legislation, like Seattle’s Paid Sick and Safe Time, Minimum Wage, and Wage Theft ordinances. Keeping track of each separate legal requirement may feel cumbersome, but these laws often overlap in their recordkeeping and notice provisions. Reviewing them collectively—and potentially investing in scheduling solutions like Shyft—can help streamline compliance across the board.
12. Resources
The best source for up-to-date information on Seattle’s Secure Scheduling Ordinance is the city’s own website. Here are some key links to bookmark:
- Seattle Office of Labor Standards (OLS)
- Secure Scheduling Ordinance Landing Page
- Official Seattle Municipal Code (SMC 14.22)
- OLS Administrative Rules
Visiting these pages regularly keeps you current on legislative amendments, newly issued guidelines, and the most updated versions of required posters and forms. Also, if your business needs more robust scheduling capabilities—like advanced notices, streamlined shift offers, or shift-swapping tools—software like Shyft can help you manage day-to-day compliance more efficiently.
Summary
Seattle’s Secure Scheduling Ordinance is designed to offer predictability and fairness to hourly workers at large retail and food service employers. Key obligations include providing a written good faith estimate of hours upon hire, posting schedules 14 days in advance, compensating employees for last-minute changes, and allowing them a 10-hour rest period between shifts. Employers must also retain thorough records and post official notices. Violations can result in substantial penalties, including fines and back pay, so it’s crucial to stay on the right side of this law.
Conclusion
For many small businesses in Seattle—especially those with ties to larger chains or franchises—the Secure Scheduling Ordinance is a key piece of local compliance. While it may seem daunting, following these rules can improve employee satisfaction and retention, making your operations more stable in the long run. The 14-day advance notice, predictability pay, and rest-period requirements may initially require extra planning, but they can reduce turnover and enhance work-life balance for employees.
Stay proactive by regularly reviewing your scheduling practices and recordkeeping protocols. Make use of the resources from the Seattle Office of Labor Standards, and consider scheduling software that reduces the administrative load. Remember, a little structure now can prevent bigger headaches down the line.
Seattle’s labor laws aren’t going anywhere, so the best strategy is to adapt gracefully. By integrating compliance into your standard operating procedures, you’ll ensure a smoother, more predictable experience for everyone on your team—and sidestep costly fines.
FAQ
1. Does the ordinance apply to all businesses in Seattle?
No. The Secure Scheduling Ordinance primarily covers large retail and food service employers with 500 or more employees worldwide. Smaller, local businesses that don’t meet these thresholds are generally exempt.
2. What if my employees request schedule changes themselves?
Changes initiated by employees—like swapping shifts or volunteering to go home early—usually don’t require predictability pay. Make sure to document that the employee made the request or voluntarily agreed to the change.
3. How should I provide the 14-day notice?
Most businesses post schedules electronically or on a central bulletin board. As long as employees have easy access to review it—and can see schedule changes in real time—your notice is considered valid.
4. What happens if I unintentionally violate the rules?
If an investigation finds a violation—even if unintentional—employers may still owe predictability pay, fines, or back wages. Keeping well-organized records and quickly correcting mistakes can help mitigate issues.
5. Can collective bargaining agreements override the ordinance?
Yes, but only if the CBA explicitly waives the Secure Scheduling requirements and does so in a “clear and unambiguous” manner. If your CBA is silent on these rules, the ordinance applies.