A trial court will need to decide if the city of Seattle’s ordinance mandating hazard pay during the initial COVID-19 pandemic for grocery delivery drivers and other independent contractors exceeded the city’s authority, the state’s high court majority held Thursday.

Instacart’s parent company Maplebear Inc., and the Washington Food Industry Association will not get to pursue its claims against state statutes, federal protection, state privileges and immunity clause claim based on Thursday’s split rulings amongst the justices. The retailer’s takings clause claim, contracts claim, 42 U.S.C. § 1983 damages claim and police powers claim will continue.

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