§ 14.16.050. Employer records

A.

Each employer shall retain records that document compliance with this Chapter 14.16 for each employee including: the date of commencement of employment; hours worked including hours worked within the geographic boundaries of the City; paid sick and paid safe time accrued, and any unused paid sick and paid safe time available for use; paid sick and paid safe time reductions including but not limited to paid sick and paid safe time used, paid sick and paid safe time donated to a co-worker through a shared leave program, or paid sick and paid safe time not carried over to the following year; and pursuant to rules issued by the Director, other records that are material and necessary to effectuate the terms of this Chapter 14.16. Such records shall be retained for a period of three years from the date such hours were worked or such paid sick and paid safe time was used.

B.

If an employer fails to retain adequate records required under subsection 14.16.050.A, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this Chapter 14.16 for the periods and for each employee for whom records were not retained.

C.

Respondents in any case closed by the Agency shall allow the Office of City Auditor access to such records to permit the Office of City Auditor to evaluate the Agency's enforcement efforts. Before requesting records from such a respondent, the Office of City Auditor shall first consult the Agency's respondent records on file and determine if additional records are necessary. The City Auditor may apply by affidavit or declaration in the form allowed under RCW 9A.72.085 to the Hearing Examiner for the issuance of subpoenas under this subsection 14.16.050.C. The Hearing Examiner shall issue such subpoenas upon a showing that the records are required to fulfill the purpose of this subsection 14.16.050.C.

D.

Records and documents relating to medical certifications, re-certifications, or medical histories of employees or employees' family members, created for purposes of this Chapter 14.16, are required to be maintained as confidential medical records in separate files/records from the employer's usual personnel files. If the Americans with Disabilities Act (ADA) or the Health Insurance Portability and Accountability Act (HIPAA) applies, then these records must comply with such confidentiality requirements.

(Ord. 125499 , § 8, 2017; Ord. 124960 , § 10, 2015; Ord. 123698, § 2, 2011.)