Seattle Office of Labor Standards Announces Final Administrative Rules and July 1, 2021 Effective Date for the City of Seattle’s Transportation Network Company Driver Deactivation Rights Ordinance

The Seattle Office of Labor Standards (OLS) announces final administrative rules for the City of Seattle’s Transportation Network Company Driver Deactivation Rights Ordinance, Seattle Municipal Code (SMC) 14.32. 

This law goes into effect on July 1, 2021. In November 2020, the law was amended to take effect on July 1, 2021, provided the City Budget Office files a certification of revenue sufficiency with the City Clerk by such date. Today, the City Budget Office filed the required certification.

The finalized rules are the result of an inclusive stakeholder engagement process, an initial 30-day comment period and an additional 14-day comment period. Stakeholder engagement included multiple meetings with drivers, driver advocates, impacted companies, and national and local organizations who focus on gender-based violence and survivor-centered policies and procedures.

The rules clarify the requirements of the TNC Driver Deactivation Rights Ordinance, including on the following areas:

• A driver’s eligibility to challenge a deactivation through the Deactivation Appeals Panel process;
• The meaning of “unwarranted deactivation,” “egregious misconduct,” “temporary deactivation, and “permanent deactivation;”
• The scope of the Driver Resolution Center’s discretion to represent a TNC Driver in a deactivation proceeding;
• Requirements related to the necessary notices to drivers about their rights prior to and following deactivation;
• Special rules related to the safety and privacy of witnesses who have brought complaints against drivers related to sexual assault or violence; and
• The procedures that the parties and arbitrators must follow for arbitration proceedings under SMC 14.32, including for pre-hearing, hearings, and award and opinions.

These rules will be referred to as “Seattle Human Rights Rules Chapter 200: Rules for administering the Transportation Network Company (TNC) Driver Deactivation Rights Ordinance, Seattle Municipal Code (SMC) 14.32.” The full text of the final rules is available at: http://www.seattle.gov/laborstandards/ordinances/tnc-legislation/driver-deactivation-rights-ordinance.

Resources for both covered workers and businesses will be provided on a rolling basis over the next months on the OLS website. This includes information about the Deactivation Appeals Panels, Notices, Templates, and Model Forms. For more please visit the Office of Labor Standards TNC Driver Deactivation Rights Ordinance webpage.

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