The Massachusetts attorney general certified initiative petitions that could allow voters in Massachusetts to decide whether gig economy drivers should continue to be classified as independent contractors. These are couriers or drivers who operate through app-based platforms such as Uber or DoorDash.
Nine versions of the petition were approved. They each ask that gig economy drivers not be classified as employees; however, some versions also called for minimum compensation and a healthcare stipend.
The measures are backed by Uber, Lyft, DoorDash and Instacart.
“We’re pleased that the attorney general’s office has certified our ballot proposals to ensure drivers can maintain the flexibility to work when, how often, and for how long they want as independent contractors, while also accessing new benefits and protections,” Conor Yunits, spokesperson for Flexibility and Benefits for Massachusetts Drivers 2024, said in statement to SIA. The group is backed by the gig economy firms. “We hope that voters will continue to listen to drivers and support solutions that value choice and freedom,” Yunits said.
This is a second attempt at a measure within the state; the Supreme Court threw a similar measure off the ballot in June 2022.
Separately, another initiative petition approved would give drivers working for transportation network companies the right to form a union.
However, there are several steps before the measures go to the ballot, according to the attorney general’s office.
Proponents of the proposed laws must now gather and file the signatures of 74,574 registered voters with the secretary of the commonwealth by Dec. 6. Once the signatures are verified, the proposals will be sent to the state Legislature in January for consideration. If the Legislature does not act, proponents must gather 12,429 additional signatures from voters by July 3, 2024, to place the proposed law on the November 2024 ballot.
The Uber- and Lyft-supported petitions define “app-based driver” as a driver who works for either a “delivery network company” or a “transportation network company.” The companies may not unilaterally prescribe work times or terminate contracts of app-based drivers for not accepting service requests. Drivers must also not be restricted from working for more than one company or in other occupations and businesses.
Some versions would require rideshare and delivery companies to guarantee a minimum compensation of 120% of the Massachusetts minimum wage for time spent completing requests for transportation or delivery. They would also require a per-mile amount of 28 cents (to be adjusted yearly) for each mile driven while completing a request. In addition, drivers would receive a healthcare stipend and could qualify for paid sick time.
Elsewhere, voters in California had approved Proposition 22 in November 2020 that also stipulates gig economy drivers would be classified as independent contractors. That measure is now before the California Supreme Court.
Update:
In response to the Massachusetts’ Attorney General’s decision, the MA Not for Sale campaign said this in a statement to SIA:
“The petitions being pushed by Big Tech executives would permanently misclassify all of their workers in the Commonwealth who are currently entitled to the same rights and protections that almost all other workers are entitled to under Massachusetts law. While this ballot initiative would most immediately affect these companies’ drivers and delivery workers, passing any version of these initiatives would jeopardize wage and benefit protections for millions of Massachusetts workers beyond the rideshare and delivery sectors.”
In response to the approval of the measure that would allow for unionization of rideshare drivers, the Service Employees International Union Local 32BJ sent a statement to SIA from Roxana Rivera, assistant to the president of 32BJ SEIU:
“We are pleased that Attorney General Campbell has certified our ballot question on unionization for rideshare drivers, allowing it to move forward in the process. Now, we can begin gathering enough signatures for the Secretary of State to place the question on the November 2024 ballot. Uber and Lyft drivers across Massachusetts report a steady erosion of their earnings, and they live in constant fear of having their accounts deactivated with no clear explanation why or clear means of appeal. As a union representing essential workers struggling in a changing economy, we have an obligation to pursue every possible avenue to win these drivers the ability to unionize.”