App-Based Worker Paid Sick and Safe Time Ordinance

Ordinance SMC 8.39

Rules: SHRR Chapter 250 (Administrative Rules)

App-Based Worker Paid Sick and Safe Time Fact Sheet

Chart Comparing Temporary and Permanent ABW PSST Ordinances

2024 Notice of Rights for App-Based Workers

About this law:

This law makes permanent the rights and obligations of the temporary PSST for Gig Worker Ordinance and updates its provisions for the permanent context. The substantive requirements of that law lapse on April 30, 2023.

Under this new law, which goes into effect on May 1, 2023, app-based workers receive payment for PSST based on the worker's "average daily compensation" for each day worked for the network company. Average daily compensation is recalculated every month to reflect changes in gig worker's earnings. Other details of the law include, but are not limited to:

Coverage:

  • Beginning on May 1, 2023 this law applies to Food delivery network company workers who work for a network company that hires more than 250 workers.
  • Beginning on January 13, 2024 this law applies to all app-based workers who work at a network company that hires more than 250 workers.

Accrual: app-based workers accrue one day of PSST for every 30 days with at least one work-related stop in Seattle (e.g., shopping at a store in Seattle, making a delivery in Seattle). Food delivery network company workers who accrued PSST under the PSST for Gig Worker Ordinance are entitled to retain and use that paid leave after the effective date of this legislation.

Use: Workers who work in Seattle at least once in the past 90 calendar days may use PSST in 24-hour increments for any reason covered by the ordinance, including but not limited to:

  • To care for themselves or a family member for a physical or mental health condition, including a doctor's appointment.
  • To care for themselves, a family member, or a household member for reasons related to domestic violence, sexual assault, or stalking.
  • When their family member's school or place of care has been closed.
  • If the company reduces, suspends, or discontinues operations for health or safety related reasons.

Rate of pay: For each 24-hour day of use, an app-based worker is entitled to the average daily compensation for each calendar day worked in whole or part in Seattle in the preceding 12 months. The calculation of average daily compensation would include earnings for services performed in Seattle and outside Seattle for each covered calendar day. The rate of average daily compensation would be recalculated every calendar month.

Verification: A covered entity may request reasonable verification from the worker for uses more than 3 consecutive days.

Notice:  In addition to a written PSST policy and procedure, hiring entities must provide no less than monthly notification of the app-based worker's average daily compensation, and accrued, used, and available PSST.

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The Office of Labor Standards enforces Seattle’s labor standards ordinances to protect workers and educate employers on their responsibilities.