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03 Jan, 2025
A federal judge denied Uber’s effort to stop the enforcement of a new Seattle law that establishes labor standards for the driver deactivation process.
In a new ruling issued Tuesday, U.S. District Judge Marsha Pechman rejected Uber’s request for a temporary restraining order and preliminary injunction, clearing the way for the App-Based Worker Deactivation Rights Ordinance to take effect Jan. 1.
Uber filed its lawsuit last month, arguing that the ordinance violated its First Amendment rights and was unconstitutionally vague, among other allegations. The ride-hailing giant claimed the requirements would force it to adopt and communicate policies that contradict its operational priorities, and also expressed concerns about the practical challenges of compliance.
Instacart joined the lawsuit last week.
In her ruling, Judge Pechman dismissed these arguments, finding that the ordinance regulates business conduct, not speech, and that any speech-related effects were incidental.
She also ruled that the law’s language, including terms like “reasonably related to safe and efficient operations,” was sufficiently clear for compliance.
“The ordinance seeks to protect app workers from unwarranted deactivations and does not impose unconstitutional burdens on companies like Uber,” the ruling stated.
In a statement to GeekWire, Uber said the ruling was “disappointing given the serious constitutional concerns with Seattle’s app-based worker deactivation ordinance.”
“We are carefully evaluating our legal options and next steps — and remain committed to working with stakeholders toward a resolution that best serves couriers, consumers and merchants,” the company said.
The law, originally passed by the Seattle City Council in August 2023, was designed to provide more job security to app-based couriers, delivery drivers, and other service providers.
Under the law, companies must give workers a 14-day notice of deactivation, base deactivations on “reasonable” policies, ensure human review of all deactivations, and provide workers with records behind the decision.
The ordinance was supported by gig worker advocacy groups, who say that it will help to protect workers from being unfairly deactivated. They said companies had too much power to deactivate workers, leading to workers being unfairly punished for things like rejecting too many orders or being unavailable during certain times.
The legislation was the first of its kind at the time, and goes further than efforts by other municipalities to regulate deactivations.
The law applies to gig workers who deliver food, shop for groceries, and complete other tasks via on-demand apps. It does not apply to drivers who transport passengers, who are covered under Washington state law.
Instacart, Uber, and DoorDash were embroiled in a battle with Seattle lawmakers over a new minimum wage law for food delivery drivers earlier this year.
Read the full ruling below.
Judge denies Uber’s motion to block new Seattle law regulating the driver deactivation process by GeekWire on Scribd