The Seattle Metropolis Council has enacted the Paid Sick and Protected Time for Gig Staff Ordinance, which quickly offers paid sick and secure time (PSST) to “gig staff” for online-based meals supply community corporations and drivers of transportation community corporations with 250 or extra gig staff worldwide. The ordinance takes impact July 13, 2020, and ends 180 days after both (1) the termination of the Mayor’s civil emergency, or (2) the termination of any concurrent civil emergency relevant to Seattle that’s proclaimed by a public official in response to COVID-19, whichever is later. Nonetheless, the legislation’s different authorized necessities, corresponding to recordkeeping, will keep in impact for 3 years.
This legislation applies to all such gig staff who had a work-related cease in Seattle at the very least as soon as within the 90 calendar days earlier than requesting to make use of PSST. These gig staff could use PSST in 24-hour increments for any cause coated by the ordinance, together with:
(1) caring for themselves or a member of the family for a bodily or psychological well being situation, together with a health care provider’s appointment;
(2) caring for themselves, a member of the family, or a family member for causes associated to home violence, sexual assault, or stalking;
(3) when their member of the family’s college or place of care has been closed; and
(4) if the corporate reduces, suspends, or discontinues operations for well being or security associated causes.
The ordinance would require coated entities to pay a gig employee his or her “common day by day compensation,” which is predicated on every day labored for the coated entity throughout the highest incomes calendar month since October 1, 2019, or for the reason that graduation of labor for the corporate, whichever date is newest.
There are two choices to calculate accrual of PSST. First, coated entities can present gig staff in the future of PSST for each 30 calendar days labored in entire or partially in Seattle since October 1, 2019, or upon beginning the gig, whichever is later. Alternatively, coated entities can merely present 5 days of PSST to gig staff beginning on the ordinance’s efficient date and allow them to begin accruing in the future of PSST for each 30 calendar days going ahead.
In sure circumstances, hiring entities might be able to request affordable verification from the gig employee after three consecutive days of PSST.
Coated entities should create a written PSST coverage and supply at the very least month-to-month notification of the gig employee’s common day by day compensation, and the accrued, used, and obtainable PSST.
This legislation creates a personal proper of motion for violations of the ordinance. Prevailing gig staff can get well treble (3x) financial damages, curiosity, a financial penalty for retaliation, and affordable legal professional charges and prices. Gig staff can even deliver actions on a category foundation and acquire equitable aid.
Jackson Lewis P.C. © 2020
