Industry-backed group files ballot question to classify gig workers as independent contractors

Gig workers are mobilizing.

The Massachusetts Coalition for Independent Work, backed by gig economy apps like Uber, Lyft, DoorDash, Instacart and Postmates, are pushing voters to classify its workers as independent contractors rather than employees.

They hope to land that question on the 2022 ballot.

“Our goal is to make sure (drivers) don’t have to choose one or the other between independence and flexibility,” said James Hills, a speaker with the coalition on the State House steps Tuesday.

Drivers at Tuesday’s press conference argued they would lose the ability to attend family gatherings or tend to loved ones if they were to become employees, while still receiving some benefits including an $18 earnings floor and mileage reimbursement for “engaged time,” meaning time drivers transport passengers, some health benefits and paid sick time.

Matthew Rose of Wareham, who drives for Uber and Lyft for around 40 hours per week, said he relishes the opportunity to spend time with his kids and take time off when he needs. “As it stands, I pay for my own health insurance,” he said. “This benefit package is going to save me a lot of money, and I’m looking forward to that.”

Advocates from the opposing Coalition to Protect Workers’ Rights, which counts among its ranks the ACLU of Massachusetts and Massachusetts AFL-CIO, representing unions, have slammed the ballot measure as being deceptive to voters.

“They’re claiming that in order to have flexibility in your job, you have to be an independent contractor, and that’s just not right,” said Shannon Liss-Riordan, a labor lawyer who represents gig workers. “They’re going to try to get this ballot measure passed by deceiving the public into thinking that this is somehow for the benefit of the workers.”

Liss-Riordan and others argued in a press conference Tuesday that the ballot measure, which is similar to Prop. 22 passed in California last year, is riddled with loopholes designed to sidestep accountability for their workers.

Veena Duvall, a law professor at UC Hastings, said that the “engaged time” provision carved into the ballot legislation for pay, health benefits and sick time means that in California, drivers would only be guaranteed $5.64 an hour, according to a UC Berkeley study. Estimates of non-engaged time, or time between or to and from trips, range from 33% to 60%, according to Duvall.

Massachusetts Attorney General Maura Healey sued Uber and Lyft last year, alleging that they violated the state’s minimum wage laws by classifying drivers as independent contractors. That case is still pending.

Representatives from Uber and Lyft declined to comment and referred the Herald to the Massachusetts Coalition for Independent Work.

from Boston Herald https://ift.tt/3luCAnQ