MYNORTHWEST NEWS

Judge dismisses lawsuit that sought to halt Seattle grocery store hazard pay ordinance

Mar 18, 2021, 12:18 PM

Lawsuit Hazard pay, grocery stores...

(Photo by Mario Tama/Getty Images)

(Photo by Mario Tama/Getty Images)

A U.S. District judge dismissed a lawsuit Thursday that had looked to halt Seattle’s extra $4 an hour grocery store worker hazard pay ordinance.

Mayor Durkan rejects calls to veto grocery store hazard pay

The lawsuit was filed in February by the Northwest Grocery Association and the Washington Food Industry Association, which argued that the ordinance did not consider existing union agreements, that it impaired existing contracts with employees, and was unfair because it denies equal protections to workers in other industries.

Plaintiffs had also asked for a preliminary injunction to keep the hazard pay from going into effect while the lawsuit played out. That injunction was also denied as part of Thursday’s dismissal from Judge John Coughenour.

In terms of whether the hazard pay ordinance flouted union agreements, Judge Coughenour noted in his ruling that the law “is primarily concerned with establishing an equitable process for determining terms and conditions of employment,” but does not specifically apply to things like wages.

Opinion: Shades of hypocrisy in Seattle hazard pay debate

Regarding the claim of an equal protections violation, Coughenour pointed out how that applies more to discriminating on the basis of gender or race, which he noted is “not an issue in this case.”

The claim from plaintiffs that the hazard pay impaired existing contracts was found to be similarly erroneous, given that they “provided no specific allegations of contracts or contractual terms which the ordinance might impair.”

This marks a significant victory for grocery store hazard pay ordinances across Western Washington. King County passed the measure for stores in unincorporated areas earlier in March. Burien also passed a $5 an hour grocery hazard pay bill shortly after Seattle, while Port Orchard was awaiting the fate of the now-dismissed lawsuit before moving forward with its own plans.

MyNorthwest News

Andre Sayles...

KIRO 7 News Staff

Who is Andre Sayles? What we know about Seattle’s new interim police chief

Seattle Mayor Katie Wilson announced on Thursday that she has accepted the resignation of Seattle Police Chief Shon Barnes.

8 hours ago

Katie Wilson (3)...

Julia Dallas

‘Information could have gone out much faster’: Mayor Katie Wilson addresses 5-hour delay after Bite of Seattle shooting

Seattle Mayor Katie Wilson addressed the five-hour information delay from the city following a shooting at the Bite of Seattle on Sunday.

8 hours ago

mayor city manager north plains portland resignation...

MyNorthwest Staff

Portland-area city loses mayor and interim city manager in back-to-back resignations

North Plains, a small Oregon town near Portland, lost its mayor and interim city manager this week after they resigned on consecutive days.

10 hours ago

WSU hazing death Washington Supreme Court...

MyNorthwest Staff

Washington Supreme Court rules WSU liable in Sam Martinez fraternity hazing death

The Washington Supreme Court ruled that Washington State University had a legal duty to protect Sam Martinez, a Bellevue freshman who died of alcohol poisoning.

11 hours ago

crash kenmore...

Brittany Perry, KIRO 7 News

Newly-obtained photos by KIRO 7 show extent of damage, debris in Kenmore floatplane crash

Photos from the San Juan County Sheriff’s Office show the extent of the damage from the Kenmore floatplane emergency crash landing.

11 hours ago

Shon Barnes (2)...

Julia Dallas

Seattle Mayor Wilson accepts letter of resignation from Police Chief Barnes as council members slam decision: ‘This is unacceptable’

Seattle City Council President Joy Hollingsworth confirmed that Seattle Mayor Katie Wilson asked Seattle Police Chief Shon Barnes to resign.

12 hours ago

Judge dismisses lawsuit that sought to halt Seattle grocery store hazard pay ordinance