As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or independent contractors. One of those fights currently centers on whether Massachusetts voters will be given the opportunity to vote on the issue through a November 2022 ballot question. The state Supreme Judicial Court heard argument on that issue on May 4 – and we should know the outcome of this fight very soon.

The Attorney General Certified Ballot Question as Constitutional

In August 2021, the Massachusetts Coalition for Independent Work (backed by Uber, Lyft, and other rideshare entities) filed two versions of a ballot question. Both would provide drivers, as independent contractors, with a variety of guaranteed compensation and benefits:

• guaranteed compensation of 120% the Massachusetts minimum wage ($18 per hour in 2023) for time spent completing ride requests (but not time in between);
• an inflation-adjusted per-mile expense reimbursement (starting at 26 cents per mile driven in connection with a ride request);
• a health care stipend;
• paid sick time;
• eligibility for paid family and medical leave; accident insurance; and
• statutory protection against discrimination and a right to appeal any termination of their contract.

Additionally, one version of the ballot question would require all drivers to complete paid occupational safety training, which...

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