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Massachusetts Supreme Court Deliberates On Ballot Redefining Gig Worker Status

By  |  May 6, 2024

The Massachusetts Supreme Judicial Court convened in Boston to deliberate on whether two ballot proposals aiming to redefine the status of app-based workers should be presented to voters in November. The proposals stand to reshape the landscape of gig economy labor relations, particularly affecting industry giants like Uber Technologies and Lyft.

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    During oral arguments, justices of the state’s highest court expressed concerns regarding the implications of the proposals. Reuters reported that the justices appeared hesitant to fully embrace a proposal by an industry-supported group, which seeks affirmation from voters that app-based drivers should be classified as independent contractors with supplemental benefits, yet not considered employees of the companies they serve.

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    Jennifer Grace Miller, representing opponents of the proposal, highlighted a critical contention: that voters would be tasked with evaluating not a singular policy question but rather a compendium of disparate elements of employment law. This, she argued, contravenes legal principles by bundling unrelated issues together for voter consideration.

    Related: European Commission Pushes for Compromise on Gig Worker Rights

    However, Justice Dalila Argaez Wendlandt queried whether the proposal could be interpreted as addressing a singular policy goal: affirming the independent contractor status of app drivers in relation to the companies they serve.

    Conversely, the court seemed inclined to dismiss the objections raised by a labor-backed coalition, including the Service Employees International Union’s Local 32BJ, against a competing measure. This rival proposal, certified by the state attorney general, seeks to enable Uber and Lyft drivers to unionize under state oversight. Justice Scott Kafker notably envisioned a scenario where voters might affirm the industry’s position while concurrently granting drivers the right to collective bargaining, illustrating a “what’s good for the goose is good for the gander” scenario.

    This legal showdown arrives amidst a broader context of labor disputes between gig economy companies and their workers. Notably, a trial scheduled for May 13 stems from a 2020 lawsuit filed by the state attorney general, alleging that Uber and Lyft misclassified their drivers as contractors rather than employees, spanning several years.

    Source: Reuters