Massachusetts’ top court rejects ballot initiatives on gig economy drivers’ IC status

June 14, 2022

Massachusetts voters received’t get to weigh in on whether or not drivers for Uber, DoorDash and different B2C work providers platforms needs to be categorized as unbiased contractors. Two petitions that may have gone earlier than the voters mustn’t have been licensed by the Massachusetts lawyer normal, the Massachusetts Supreme Judicial Court docket dominated right this moment.

The courtroom famous Massachusetts regulation prohibits measures from going earlier than voters in the event that they comprise unrelated topics. The courtroom mentioned the 2 IC poll measures — that are largely comparable — would classify drivers as unbiased contractors however would additionally prolong the unbiased contractor classification in circumstances of attainable lawsuits towards drivers. These would possibly embody lawsuits involving driver assaults or visitors collisions. The extension of the classification might restrict platform firms’ authorized liabilities in sure circumstances — and that represents a distinct topic than solely making drivers unbiased contractors by way of their work relationship.

“The petitions thus violate the associated topics requirement as a result of they current voters with two substantively distinct coverage selections: one confined for probably the most half to the contract-based and voluntary relationship between app-based drivers and community firms; the opposite — couched in confusingly imprecise and open-ended provisions — apparently looking for to restrict the community firms’ legal responsibility to 3rd events injured by app-based drivers’ tortious conduct,” the courtroom said.

Proponents right this moment said the courtroom ruling denies voters the correct to make their very own selections.

“A transparent majority of Massachusetts voters and rideshare and supply drivers each supported and would have handed this poll query into regulation. That’s precisely why opponents resorted to litigation to subvert the democratic course of and deny voters the correct to make their very own determination,” in keeping with an announcement by the Massachusetts Coalition for Impartial Work, the group backing the measures.

“The way forward for these providers and the drivers who earn on them is now in jeopardy, and we hope the legislature will stand with the 80% of drivers who need flexibility and to stay unbiased contractors whereas accessing new advantages,” in keeping with the coalition.

Proponents of the poll measures mentioned final 12 months that that they had collected 260,000 signatures to get them on the poll. Lyft had donated $14.4 million to the trouble to get the measures handed.

Shannon Liss-Riordan, an lawyer who has fought quite a few courtroom battles towards on-line platform firms over unbiased contractor misclassification, lauded the courtroom’s determination.

“Right this moment’s determination is a victory for working folks in Massachusetts,” Liss-Riordan mentioned in a tweet. “I’m proud to be a founding board member of @MassNotForSale and so happy with the work the workforce did to maintain Massive Tech from rolling again staff’ rights right here in Massachusetts!”

Liss-Riordan can be operating for lawyer normal of Massachusetts.

The Massachusetts Legal professional Normal’s Workplace had licensed the poll initiatives in September 2021.