Shaping the Future of Labor Law Enforcement

Steven Marchese, Director of Labour Standards at City of Seattle

Steven Marchese, Director of Labour Standards at City of Seattle

Steven Marchese has served as the Director of the Seattle Office of Labor Standards since February 2021. He spent 20 years living in Minnesota, where he practiced law, ran public service programs for the state bar association, and served as an elected school board member in St. Paul. He received his undergraduate degree from Yale University and a law degree from New York University. He is also a member of the Board of Directors of Columbia Legal Services, one of two statewide legal aid providers in Washington State, and a member of the Washington State Bar Association.

How has the rapidly evolving landscape of technology impacted your ability to stay up-to-date with the latest tools and solutions for labor law enforcement?

The tech-driven transformation of the labor force has been remarkable. We've witnessed a significant increase in gig workers operating on app-based platforms, often classified as independent contractors. The conditions under which they work have drawn increased scrutiny from policymakers here in Seattle.

This transformation has created unique challenges and opportunities for us. We are dealing with large multinational corporations that engage these workers across various locations, and our job is to ensure they adhere to Seattle's labor protection ordinances. We need to know if these workers are being paid fairly, receiving paid time off when needed, and how companies share this information with their workforce.

However, these companies are protective of their proprietary algorithms and methods, making it challenging for us to access this data. We often have to work with enormous quantities of data, and our traditional infrastructure wasn't initially designed for this. Privacy and legal issues also add complexity, as does securing the necessary equipment and technology within our government framework.

How have recent developments or amendments to labor laws in organizations affected the direction and approach of your office's law enforcement activities?

The Seattle City Council has passed several gig-worker-related ordinances, necessitating a shift in our approach. We've had to adapt to new responsibilities that go beyond the traditional employer-employee relationship.

These ordinances began during the pandemic, aiming to provide delivery gig workers with premium pay and access to paid time off. While these policies expired with the end of the pandemic, there was advocacy to push forward new legislation. This legislation establishes minimum pay standards, a permanent right to paid time off, and methods to resolve disputes between gig workers and app companies.

Implementing these ordinances has been challenging, especially considering that there are few established models to follow. We're creating the blueprint for enforcement in this emerging field. Creativity, thoughtful allocation of resources, and fiscal responsibility are essential in this endeavor.

“Equally important is helping businesses understand their obligations and comply proactively. Building relationships with community organizations, ethnic chambers of commerce, and business advisory groups can be instrumental in achieving this”

Given these challenges, what are some of the areas where current solutions or services fall short in meeting the needs of your organization?

One major challenge we face relates to record-keeping by the employers we regulate. We are enforcing 19 different labor standards, and these often involve complex record-keeping requirements. Many small businesses we deal with lack the necessary software to manage this information effectively.

As a result, we receive a wide range of responses when requesting records from employers, including paper documents and scattered digital data. This inconsistency impacts our ability to resolve investigations efficiently, hindering our investigators' ability to review the information effectively.

Furthermore, the changing nature of work requires us to handle various forms of information, especially in the gig economy. Approvals and integration of new software platforms are vital to meet these challenges effectively.

Can you share some advice for organizations facing similar challenges in this rapidly evolving landscape?

Flexibility in how you approach cases is critical. Prioritization should be deliberate to maximize the reach of your resources. Sometimes this involves selecting cases strategically or dedicating more time to understand the nuances and provide relief.

We need to note that the primary goal is to ensure workers receive the compensation and benefits they're entitled to. Equally important is helping businesses understand their obligations and comply proactively. Building relationships with community organizations, ethnic chambers of commerce, and business advisory groups can be instrumental in achieving this.

Lastly, leverage partnerships within the community to amplify your messages. In Seattle, we have two funded programs that build capacity in the community and empower community organizations to be our partners. This approach fosters linguistic and culturally appropriate outreach, benefiting both workers and business owners.

Looking ahead, how do you envision the future of labor law enforcement in light of emerging trends and legislative changes?

The tech companies we see today are continually innovating business models to provide new services, often operating in ways we couldn't have imagined 15 years ago. While this innovation has increased convenience and access for many, it challenges our established labor laws.

Our labor protections need to evolve to address the changing nature of work. We cannot afford to have a second class of workers excluded from these safeguards. We need to ensure that all workers, regardless of their employment model, can provide for themselves and their families.