Fair Work Center to King County Small Claims Court: Prioritize Language Accessibility and Access to Justice

On August 21st, the Fair Work Center, along with 11 other signatories, sent an advocacy letter to the King County District Court’s Small Claims Division to highlight significant language barriers our clients have faced in accessing the Court and to request that the Court works with us and community partners to address it. The present language barriers pose serious access to justice concerns and have had a disproportionate impact on marginalized communities. For many workers, Small Claims Court is their best option to recover stolen wages and it is essential that everyone, regardless of the language they speak, have access to the courts.

A few examples of issues our clients have faced include, but are not limited to,

  • Difficulties filing the initial small claims court complaint because many of the required court forms are only available in English and the few forms that are translated are difficult to locate on the website. Further, the option of filing online is impossible for non-english speakers because the portal is exclusively in English.
  • Workers received instructions relevant to their case entirely in English despite indicating that they required interpretation in a different language. In one case, because the worker could not understand the notice they received, they missed an important deadline in their case.
  • Workers have had less-favorable outcomes in their cases, and in one instance, their case was dismissed, because the Court failed to provide an interpreter and the worker had to navigate the hearing without one.

The above examples highlight a few of the reasons why we wrote this advocacy letter to the Court. Our goal is to elevate these concerns to the Court and to work with them and community partners to enhance language access. We are committed to continuing to fight for more just outcomes for all workers in Washington State, regardless of what language they speak.

CELEBRATING 7 YEARS OF SEATTLE’S SECURE SCHEDULING ORDINANCE!

Seven years ago workers across the food service and retail sectors got fed up with being treated by our corporate employers as if we exist solely to serve at the beck and call of our boss. Having no predictability or flexibility at work made it impossible to live our lives — raise kids, have a vacation, be creative, enjoy other opportunities. So, we fought for Seattle’s first-ever secure scheduling ordinance, and today we celebrate seven years of a worker-won policy that gives us some breathing room. And thanks to the Office of Labor Standards, workers have held employers accountable to the law and put nearly $10 million back in workers’ pockets. Here’s to the next seven and many more!

“The principle behind secure scheduling is clear: workers are people. Workers have lives away from work. We all have a right to know when we’re going to work and how many hours we’re going to get. We’re proud to celebrate seven years of our nation-leading secure scheduling law that holds large corporate employers accountable to this principle and grants workers greater stability and joy both inside and outside of work.”

— Danielle Alvarado, Executive Director | Working Washington & Fair Work Center

How does secure scheduling work?

  • Employers must post work schedules at least 14 days in advance, and respect employees’ right to decline any hours not on originally posted schedules.

  • Employees are entitled to time-and-a-half pay for any hours worked between closing and opening shifts that are separated by less than 10 hours.

  • Employers must provide a written good faith estimate of median hours employees can expect to work and whether employees will work on-call shifts to new employees at the time of hire, and to current employees on an annual basis and when there is a significant change to employees’ schedules.

And more! Read more about the policy here.

5 Year Anniversary of The Domestic Workers Bill of Rights

 

Celebrating five years!

Five years ago the city of Seattle set a powerful and historic precedent as the first city in the nation to have a Domestic Workers Bill of Rights. 

Who is a domestic worker?
Domestic workers are those who provide paid services to an individual or household in a private home as a nanny, house cleaner, home care worker, gardener, cook, and/or household manager. These workers have been historically excluded from the same rights other workers have long enjoyed.

What does it do? 

The Domestic Worker Ordinance establishes:

  • Minimum wage for domestic workers
  • Provision of meal periods
  • Rest breaks
  • The right to keep personal documents.
  • Establishing the Domestic Worker Standards Board (DWSB)

Who made it happen: 

None of this would have happened without the tireless efforts of the Nanny Collective, along with worker champion Teresa Mosqueda, and our community partners Casa Latina, Hand in Hand, National Domestic Workers Alliance, and friends in the labor community!

La lucha sigue: 

The fight continues! Today, we celebrate; tomorrow, we press on to make this ordinance cover exploited domestic workers all over the state of Washington. Although Seattle was the first city to have such an ordinance, eleven states have also now enshrined domestic worker protections, and Washington must do the same.


How can I help? 

  • Follow the Nanny Collective on Facebook and Instagram
  • Donate to Fair Work Center and empower your domestic worker neighbors in Washington state.
  • Come celebrate with us! We’ll be gathered at Pratt Park (201 20th Ave S, Seattle, WA 98144) on Monday July 1st from 5pm-8pm. Refreshments and activities will be provided! Children and families are all welcome as we mark this historic milestone.

 

Felicidades Centro Chinampa!

This month we celebrated the 2-year anniversary of Centro Chinampa! This center has been our community space in Yakima where we organize with bodega workers, hold legal intake clinics, host Know Your Rights events with our friends at the Washington Immigrant Solidarity Network, and build community together. 

Centro Chinampa is where workers have taken effective action to make our workplaces safer, healthier, and more humane. We have shared our stories of retaliation, mistreatment, and untenable workplace conditions – and how we fought back together and won. We have gathered around the table to share food and information about our rights at work. We have made meaningful progress in an agricultural industry that was built around the exploitation and neglect of the very people who make that industry possible.

Happy 2nd birthday to Centro Chinampa and thank you to all the workers who have brought life and solidarity into the space.


Este mes celebramos
el segundo aniversario del Centro Chinampa. Este centro ha sido nuestro espacio comunitario en Yakima, donde nos organizamos con los trabajadores de las bodegas, realizamos clínicas de admisión legal, organizamos eventos de Conoce tus Derechos con nuestros amigos de la Red de Solidaridad con los Inmigrantes de Washington, y construimos comunidad juntos. 

El Centro Chinampa es el lugar donde los trabajadores han emprendido acciones eficaces para hacer que nuestros lugares de trabajo sean más seguros, más saludables y más humanos. Hemos compartido nuestras historias de represalias, malos tratos y condiciones laborales insostenibles, y cómo hemos luchado juntos y hemos ganado. Nos hemos reunido en torno a la mesa para compartir alimentos e información sobre nuestros derechos en el trabajo. Hemos logrado avances significativos en una industria agrícola que se construyó en torno a la explotación y el abandono de las mismas personas que hacen posible esa industria.

Feliz 2º cumpleaños al Centro Chinampa y gracias a todos los trabajadores que han dado vida y solidaridad a este espacio.

Fair Work News — April 2024



Bosses back down when workers have access to legal resources:

Vineyard workers in Sunnyside, WA were injured and needed to take time off to recover, only to find their entire crew laid off shortly after. Our clients sought, and were granted, PFML for the injury, but the employer appealed, claiming they had walked off the job.  If the employer had been successful, our clients would have lost the right to their paid leave, and might have had to pay back any amounts they already received. After additional documentation and a notice of appearance entered by our legal team, the employer backed down. 


No small thing:

A nanny client recently won her small claims trial and was paid by her ex-employer! This means she won’t have to fight an appeal or figure out how to collect her money. And because empowered workers empower others, she hopes to inspire other nannies to exercise their rights, and has been supporting another Nanny Collective member to prepare for her trial.

 

Skewering some stolen wages:

Two food truck workers from MoMo’s Kebab in Seattle came to us when their bosses were stealing tips and underpaying them. After our legal team backed them up in some pitched negotiations, the workers won back wages. Checks in hands and hopefully lessons learned by some food truck bosses.  

 

Are your rights at work being violated?

If you’re interested in a training, one on one information session, or a free consultation with our lawyers, visit our office in Seattle or Yakima, email help@fairworkcenter.org, or fill out this form.

University of Washington Community Survey: Understanding the Initial Impact of Seattle’s PayUp Ordinance

Researchers with UW’s Information School and the Harry Bridges Center for Labor Studies are studying the response to the PayUp Ordinance. 

PayUp and where we’re at now:

In 2022, the City Council passed the App-Based Worker Minimum Payment Ordinance (also called the “PayUp” Ordinance) requiring the following:

  • Minimum payment for time worker and miles traveled for each service
    • Minimum-per-minute amount of $0.44 and minimum per-mile amount of $0.74
    • Minimum per-offer amount of $5
  • Transparency: upfront disclosures of offer information and payment
  • Flexibility: Right to access app-based platform without limitations (excluding health and safety), no penalties for limiting availability or refusing orders, and the right to cancel an order with cause.  

These changes went into effect on January 13th, 2024. App-based corporations have used this as an opportunity to price-gouge customers both in and out of Seattle with outrageous retaliatory fees, and is lobbying the city council to repeal the law. 

The University of Washington is asking app-based workers, consumers, and business owners and operators to take our survey:

The Assurecare Workers’ Story

Ending Racist And Sexist Exclusion Of Caregivers From Critical Labor Standards In Washington

We were recently featured as guest contributors on Impact Fund’s blog to talk about our recent case with Assurecare workers.

On March 24, 2023, the Fair Work Center helped six workers file a lawsuit against Assurecare for failure to pay their full wages for all hours worked, missed rest breaks and meal periods, and significant overtime premiums.

Read more about the case and about our fight to end the racist and sexist exclusion of caregivers from critical labor standards in Washington.

 

 

Seattle App-Based Worker Minimum Payment Ordinance In Effect

Subminimum wages for Seattle’s gig workers are OVER.

As of January 13, 2024, the PayUp App-Based Worker Minimum Payment Ordinance finally goes into effect – the law that thousands of gig workers fought for that guarantees a minimum pay floor and better flexibility and transparency standards. 

Fed up workers spoke up, fought back, and won these rights.

Now, we need to educate other workers about our new rights and band together to ensure we can enforce our rights. Here are some FAQs about the new law that gig workers need to know.

 

Want to learn more about the law and make sure it’s working for you? Below are some great ways to learn about the new law and to make sure it has teeth:

  • Read the details of the law at the Office of Labor Standards.
  • Come to our PayUp Ordinance Know Your Rights meeting on February 15 to get your questions answered and meet the workers who won the #PayUp campaign. We’ll dive into the details of the law and you’ll also have the chance to talk one-on-one with our legal team about your pay.
  • Reach out to our team anytime at help@fairworkcenter.org

What can you do to keep up the momentum?

  • TAKE. SCREENSHOTS. We have reason to believe the apps won’t follow the law. They’ve tried to weasel out of paying workers’ hazard pay and Paid Sick & Safe Time before. The key to finding out if they’re breaking this law too? If you are a worker or a customer on apps like GrubHub, Instacart, and Amazon Flex, take lots of screenshots. The best way to hold the apps accountable is to keep careful records of what they do or don’t tell you – and then bring that to us at a meeting if you want help finding out whether we’ve got a case on our hands.
  • Contribute to our work so we have the resources we need to reach out to more workers, and go to bat for our rights.

 

Kim’s story — “My boss said I was faking it.”

Kim was experiencing a sudden health crisis. She badly needed time away from her job at a call center in Federal Way to recover—but when she requested the time off, her boss turned her down. 

She tried negotiating on her own again…and again…and again. Each time, she was told to report to work, or risk losing her job. Kim knew something was fishy, but wasn’t sure what her options were. So she got in touch with Fair Work Center. 

Our legal clinic supported Kim in negotiating paid time off right away to start her recovery. But it was clear she’d need at least a month off—and she didn’t have the sick leave hours built up to cover that time. We helped her through the complicated and lengthy process to secure a longer period of leave under the Paid Family Medical Leave program. As Kim started to feel better, she realized it wouldn’t be healthy to return to work under her hostile supervisor, who had been so unsupportive throughout her crisis, and so we helped her negotiate severance pay to tide her over. 

>>> Fair Work Center offers free legal consultations—and we count on your support to make that possible. Can you chip in $20 this #GivingTuesday to fund ongoing access to free legal help for immigrant workers like Kim? <<< 

Here’s what Kim has to say about her case: 

“It was unbelievable. I followed every company rule: I marked the time on my calendar, I used their software correctly to request sick time, and they still denied my request four different times. They were saying I was faking it. They pushed me to keep coming in, even though I was barely able to work. They thought I was helpless. 

I couldn’t eat. I couldn’t sleep. I was in a really bad situation. And if I didn’t report to work, I could get fired. I didn’t know what to do. I knew I needed a lawyer, but I was worried about the cost–I don’t have much money to begin with. 

Fair Work Center stepped in and helped me solve this issue. They called my boss and made sure I got time off right away. Then they told me about the Paid Family Medical Leave program. I’d never heard of it. I had no idea it was an option. The process was long and complicated, and my employer didn’t want to cooperate. So it was good to have somebody who knew the process keeping an eye on things to make sure the company followed the rules. 

I’m overwhelmed with happiness now that my situation is resolved. But I know so many other people also can’t get time off when they need it. My recommendation? Call Fair Work Center sooner rather than later.”

>>> This Giving Tuesday, can you pitch in $20? Your gift means we can continue to offer free legal consultations and support workers as they stand up for their rights. <<<

Danielle Alvarado testimony before the U.S. House Select Committee on Economic Disparity & Fairness in Growth

Testimony of Danielle Alvarado, Executive Director of Working Washington & Fair Work Center, before the U.S. House Select Committee on Economic Disparity & Fairness in Growth

AUGUST 9, 2022

“Good afternoon Chairman Himes, Ranking Member Steil, and members of the Committee. My name is Danielle Alvarado. I’m the Executive Director of Working Washington & Fair Work Center, a statewide organization of low-wage and historically excluded workers. We have led the campaigns to pass and enforce many of the transformative victories mentioned today.

Seattle’s economy is strong, not in spite of our labor standards, but because of them—and our successes here provide a roadmap for the rest of the country.

There are four key lessons that I want to highlight:

FIRST, LOCAL LEADERSHIP ON WORKPLACE PROTECTIONS MATTERS, ESPECIALLY FOR HISTORICALLY EXCLUDED WORKERS 

The success of the Fight for Fifteen meant 1 in 4 Seattle workers got a raise — making it one of the largest economic boosts for workers in recent American history. That’s more than 100,000 people with more in their pockets to pay bills, save up for emergencies, and spend in the local economy.

Today, our Seattle minimum wage is $10 higher than the federal, and the movement that started here has spread nationwide. Over the past decade, we’ve increased wages by more than $150 billion dollars for 26 million workers across the country.

Our victories in Washington aren’t just about what we’ve won, but who has benefitted. We have taken on some of the most deeply entrenched and racist labor standards exclusions in federal law. In Seattle, nannies and house cleaners passed the first municipal Domestic Workers Bill of Rights to establish basic protections like minimum pay and breaks. And this year, for the first time, Washington farmworkers are earning overtime. These victories are chipping away at an economic system that for too long has trapped workers of color at the bottom.

SECOND, LOCAL GOVERNMENT CAN QUICKLY PIVOT, ENSURING WORKERS ARE NOT LEFT BEHIND 

The power of local leadership is clear in moments of crisis. As the pandemic hit frontline workers hard, we won first-in-the-nation emergency hazard pay and sick time rights for gig workers. The City also moved swiftly to establish a relief fund providing additional help to nearly 10,000 residents. These emergency measures were critical to keeping Seattle workers safe, healthy, and able to make ends meet.

And these crisis responses often pave the way for long term solutions. That’s why we continued to organize, which led the City Council to unanimously pass PayUp, our permanent gig worker ordinance, this May.

THIRD, STRONG LABOR PROTECTIONS REQUIRE INVESTING IN ENFORCEMENT 

We know our rights are only real when they’re enforced—and when that doesn’t happen, it’s people of color, Black workers, immigrants, and other historically excluded groups who are more likely to experience labor standards violations.
That’s why Seattle established the Office of Labor Standards (OLS) to build on the work of our state agency. To date, OLS has returned nearly 25 million dollars to over 40,000 Seattle workers. OLS enforces strategically. By focusing resources on priority issues and industries, it is able to recover more money for workers, close the enforcement gap, and hold bad actor employers accountable.

Most critically, OLS has invested millions of dollars in partnerships with grassroots organizations like ours. When we fund community based outreach and enforcement, we break down the isolation and fear of retaliation that keeps so many workers – particularly the most marginalized –  from coming forward. By combining community partnerships and strategic enforcement, we are able to ensure that our progressive labor standards really mean something to the workers who fought for them and need them most.

LAST, STRONG LABOR STANDARDS REQUIRE STRONG WORKER ORGANIZING 

We are proud of our partners in local government. And, it’s critical to understand that the progress we’ve made in Washington would not have happened without the leadership of workers.

Time and time again, we’ve seen that workers know better than anyone what needs to change about our economy. To make sure worker voices remain front-and-center, we’ve created strong coalitions of community organizations, labor unions, and worker centers like ours. By coming together to win new protections at the state and local level, we’re responding to the modern economy by building an inclusive labor movement that leaves nobody behind.

OUR PRIORITIES FOR THE FUTURE 

While we’ve achieved powerful victories in the Seattle area, there is still more work to be done. Washington has no state income tax, which means too many workers struggle while the rich get richer.

There’s an urgent need to strengthen federal and state labor standards and bring them up to speed with Seattle’s gains. Our safety net has unacceptable shortcomings: we need universal access to unemployment, paid leave, and robust health and safety protections that reflect the realities of climate change. We need deeper investments in labor standards enforcement to make sure rights on paper are real in every corner of the state.

No matter where we live, we all deserve, fairly paid, dignified work. Seattle’s workers have shown it can be done. We are ready to continue leading the way.”