Former Seahawk Brings Wagetheft to Seattle

Last Friday, the Washington State Attorney General announced criminal charges against Former Seattle Seahawk defensive tackle Sam Adams. Adams is the owner of the West Seattle Athletic Club in Seattle and the Lincoln Plaza Athletic Club in Tacoma. While the Tacoma club is now closed, The Seattle Times reported that 20 employees filed labor complaints against the clubs for unpaid wages and benefits during his ownership.

Friday’s announcement marks only the second time the Attorney General has filed criminal charges in a wage-theft case. While the Washington Department of Labor and Industries investigates more than 4,000 civil complaints of wage theft a year, criminalizing wage theft has been a problem of enforcement in many communities. Seattle’s own efforts to criminalize wagtheft have resulted in exactly 0 convictions, despite being law for over three years.

The AG’s high-profile criminal charge against a former Seahawk as well as last fall’s Paseo suit involving unpaid workers brings much needed attention to wagetheft in the region.

The public can support such efforts to eliminate wagetheft by contacting your state legislator to show support for Senate Bill 5050 and companion House Bill 1089.

Human Rights Commission Holds Free Wagetheft Workshop in Tacoma

The City of Tacoma Human Rights Commission is holding a Wagetheft Workshop for workers and victims of wagetheft tonight in Tacoma, WA. Wagetheft is a major issue both nationally and here in the Pacific Northwest. Last week’s closing of Paseo in Seattle set off a flurry of media attention and social media on the issue of exploited workers. The Human Rights Commission’s effort to educate the community on wagetheft and the remedies available through the Department of Labor & Industries and private attorneys should be applauded.

“Wagetheft” is an employer’s taking of time from the employee and not appropropriately compensating the worker for that time. Wagetheft violations can include unpaid overtime, denial of rest breaks and meal periods, improper tip sharing, misclassification etc. Wagetheft disproportionately affects low-wage workers who have rights under Washington State Law and the mirroring Federal Labor Standards Act. However, many low-wage workers have unclear immigration status, do not speak English, or are otherwise afraid to complain to their employers. Tacoma’s leading effort to address wagetheft in our community is essential to addressing the needs of working local residents.

For Questions or More Information about the Workshop, Contact:

William Yi, Tacoma Human Rights
wyi@cityoftacoma.org or (253) 591-5162

Paseo, The Workers, and The Sandwich Caught In-Between

Yesterday, hungry customers of beloved Paseo Restaurant in Seattle were met with a simple sign on restaurant doors reading

“Due to unfortunate circumstances, we are closing our doors. We appreciate all the support and loyalty you have shown us over the years. We will miss you. Thank you, The Paseo Crew.”

Paseo’s two restaurants in Fremont and Ballard, serving its famous cuban sandwich, have received national acclaim for its cheap eats cuisine and is a favorite among Seattleites.

However, local media, including the Puget Sound Business Journal, The Seattle Times, and The Stranger have reported on the possible reasons for the closing, namely, a lawsuit filed by four Paseo workers for unpaid overtime, rest-break violations, and alleged racial discrimination on September 14, 2014 in King County Superior Court (No. 14-2-24553-0 SEA). The complaint mainly alleges that employees were paid straight time wages for hours worked over 40 hours and not paid the additional 50% premium amounting to time-and-a-half. Non-exempt employees working over 40 hours per week, generally must be paid time-and-a-half their hourly rate under RCW 49.46.130.

As an attorney who regularly represents employees failing to receive wages and denied rest breaks inconsistent with the Washington Minimum Wage Act, Industrial Welfare Act and Federal Labor Standards Act, the Paseo workers’ claims, if true, are not uncommon in the restaurant industry.[1]

Workers who allege unpaid wages or denied rest breaks may file a claim at the Department of Labor & Industries or hire a private attorney. The "Dept. of L&I" may issue penalties and pressure businesses with threats to their licenses while private attorneys may seek recovery of the wages through the court system. Attorneys generally work on a contingency fee basis or recover attorneys’ fees from the other side if successful. This allows for low-wage workers to seek the services of a private attorney without the expense of hiring a lawyer by the hour.

Seattle has stepped-up efforts to address wage theft concerns by proposing new minimum-wage investigators in the Mayor’s new budget. The City of Tacoma is also making efforts to address wage theft by holding a Wage Theft Workshop for employees on November 20, 2014. For more information about the seminar, visit the City of Tacoma Human Rights Commission.

[1] See As Bad You Think It is, It’s Worse: Wage Theft Comes to America by Les Leopold published in the HUFFINGTON POST on November 11, 2014.