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One to Keep An Eye On: Northwest Grocery Association & Washington Food Industry Association v. City of Seattle (U.S. District Court, Western District of Washington at Seattle)


As with many labor & employment related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Last week, two grocery industry trade groups filed suit against the city of Seattle on the grounds that the city’s $4/hour hazard pay increase for certain grocery store worker interferes with the collective bargaining process between grocery stores and unions.

That $4/hour hazard pay increase, the Hazard Pay for Grocery Employees Ordinance, went into effect last Wednesday.  The ordinance applies to large grocers, specifically those with more than 500 employees statewide and grocery stores larger than 10,000 square feet in the city.  The $4/hour pay boost applies to all workers at these locations and remains in effect for as long as Seattle remains in a declared civil emergency.

According to the lawsuit, this ordinance is unlawful as it is “invalid and unconstitutional.”  In particular, the trade groups allege that the ordinance is preempted by federal law governing collective bargaining and labor practices.  In addition, the trade groups claim the ordinance violates the equal protection clause of the U.S. and Washington Constitutions by treating large grocers differently “without providing any reasonable justification for the exclusion of other employers or frontline retail workers.”

It is expected that the city of Seattle will contest the lawsuit. While this is still in the early stages of litigation, it is one to keep an eye on going forward.


For a copy of the complaint:  https://beta.documentcloud.org/documents/20470244-grocers-association-lawsuit

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