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Wednesday, July 22, 2026

Massachusetts Rideshare Drivers Sign Up for Unionization – And Spotlight Potential New State Law Labor Avenues - Littler Mendelson P.C.

At a Glance

  • As of May 26, Massachusetts rideshare drivers are the first in the nation to organize and secure certification of a union as their exclusive bargaining representative.
  • Similar legislation has been enacted in California specific to rideshare drivers, while analogous legislation in other sectors has been proposed in several other states.
  • These state statutory set-ups are styled as alternatives to the National Labor Relations Act (NLRA) and raise significant legal questions, which have not yet been tested in court.

In late May 2026, the App-Based Driver’s Union (ADU) became the first labor union certified to represent rideshare drivers in the nation. It reached that milestone using a streamlined organizing process under a new Massachusetts law, which allows a union to be certified without a vote and to represent drivers at a “sectoral” level.

This system is not just a quirk of Massachusetts’ labor-friendly politics: it’s part of a growing state-level response to the perceived shortcomings of the NLRA and National Labor Relations Board (NLRB). Unions and union-friendly lawmakers have long decried the limitations of the NLRA, and the Massachusetts law represents an increasingly common response. More and more, states are trying to create their own workarounds to supplement or supplant the NLRA. For example, states have enacted laws banning or severely restricting employer so-called “captive audience” meetings, and statutes related to unemployment benefits for...



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