Massachusetts AG Approves Uber & Lyft Gig Worker Ballot Initiative

Massachusetts Ballot Measure for App-Based Drivers

Massachusetts Attorney General Maura Healey has authorized a group of app-based transportation and delivery companies, including Uber and Lyft, to begin collecting signatures for a potential ballot initiative.

This proposed measure seeks to classify drivers as independent contractors, rather than employees. The aim is to define their working status through a vote by Massachusetts residents.

Signature Requirements and Timeline

To qualify for the November 2022 ballot, proponents of the initiative must obtain a substantial number of signatures. Tens of thousands of valid signatures are required to proceed.

The Massachusetts Coalition for Independent Work, comprised of companies like Uber, Lyft, DoorDash, and Instacart, submitted the petition for this ballot initiative last month.

Contradictory Stance of the Attorney General

Interestingly, this certification occurs despite Attorney General Healey’s previous legal challenge against Uber and Lyft. Her earlier lawsuit contested the companies’ classification of drivers as independent contractors.

The previous legal action argued that drivers were entitled to employee benefits, such as sick leave, overtime pay, and minimum wage guarantees. However, the AG has now confirmed the current measure meets constitutional standards.

Comparison to California’s Proposition 22

This development follows a recent superior court ruling that deemed California’s Proposition 22 unconstitutional. Prop 22, passed in 2020, mirrored the intent of this Massachusetts proposal.

The Coalition to Protect Workers’ Rights, a union-supported group, has urged Healey to reject the Massachusetts measure, citing the California ruling. They are also considering legal action to challenge its validity, as reported by Reuters.

Proposed Benefits for Drivers

If enacted, the initiative would guarantee app-based drivers a minimum earning of $18 per hour in 2023, excluding tips. Furthermore, drivers working at least 15 hours weekly would receive healthcare stipends.

The proposal also includes a minimum payment of 26 cents per mile to help cover expenses related to vehicle maintenance and fuel costs.

Signature Collection Deadlines

The coalition faces a deadline of December 1 to collect and submit 80,239 verified voter signatures. An extension is possible.

Should the initial deadline be missed, an additional 13,374 signatures can be gathered by July 6, 2022, to still qualify the initiative for the ballot. Uber CEO Dara Khosrowshahi has expressed his belief that pursuing this ballot initiative is “the right move.”