Legal Question in Employment Law in Washington
Rcw 49.12.175
My wife works as a waitress in a hotel Bellevue she also worked another part time job. A as a waitress. Two weeks ago she was told by the primary employer that she would work full time days. She had to abondon her 2nd part time posistion. When she arrived on day shift Monday the senior waiter told her she would not be working tables,only a few room services.
Therefore was not entilteled to any tips. The reateraunt manager confirmed this,and told her the senior waiter had seniority.She told me,and the following morning I sent an E-mail to the resteraunt managers boss the hotel manger that the set up may be out of compliance with RCW 49.12.175 as well U.S.C 29 ยง 206(d).
The manager responded:
I will be discussing your comments with our Human Resources Director, ****, as well as with our Food and Beverage Manager, ****.
I am confident we will be able to resolve your (m)utual satisfaction....
At the end of the shift the manager told her she would be put back on 2nd.
However this morning she was informed her and all the females are now classifeid as waitress/hostess and the females will rotate to days once or twice a week. As hostess,and nights as waitresses.
2 Answers from Attorneys
Re: Rcw 49.12.175
What's your question? Are they treating women differently from men, or is your wife just made about them changing her assignment?
Re: Rcw 49.12.175
If the policy specifically provides that all female employees will be scheduled in one way and all male employees in another way, then the policy is legally questionable. If the policy makes no such statement, but there is a clear difference in the way genders are scheduled, things may be a bit tougher but your wife still may have a case.
However, if both men and women are being scheduled this way, the changes are thoughtless and uncaring to the employees, but not legally actionable.
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