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Should Uber and Lyft drivers be classified as employees in Massachusetts? This trial will take up the case on Monday

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Should Uber and Lyft drivers be classified as employees in Massachusetts? This trial will take up the case on Monday


The judicial front in the long-running battle over Uber and Lyft’s treatment of Massachusetts workers has been a flurry of paperwork for nearly four years. That’s about to change.

Monday marks the start of a massively impactful Suffolk Superior Court trial about whether the companies that redrew the transportation landscape, both here and across the country, did so by misclassifying their Bay State drivers as independent contractors instead of employees, with all of the pay and benefits that status entails.

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For nearly a month, high-powered attorneys for Massachusetts, Uber and Lyft will argue over a question with implications for workers, businesses, lawmakers and a big-dollar political campaign, not to mention passengers and businesses who for more than a decade have made use of the apps.

“If the Attorney General wins this case, it will mean millions of Massachusetts riders would either see major reductions in service and a significant increase in costs, or lose ridesharing completely. All for something that the vast majority of drivers don’t even want,” said Theane Evangelis, legal counsel for Uber.

When she first filed the lawsuit, then-Attorney General Maura Healey alleged that Uber and Lyft “have gotten a free ride for far too long.”

“For years, these companies have systematically denied their drivers basic workplace protections and benefits and profited greatly from it,” she said at the outset of the fight.

Attorneys expect the trial will stretch several weeks with hours of testimony each day of proceedings. In that span, they expect to call on nearly five dozen people to testify about the ins and outs of ride-for-hiring driving, business models and labor law.

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Several current or former drivers for Uber and Lyft in Massachusetts are set to speak, as are academic experts with experience studying management, corporate finance, economic modeling, marketing and more.

Lauren Moran, the chief of Attorney General Andrea Campbell’s fair labor division, is expected to testify. Uber’s head of U.S. city operations, Chad Dobbs, is on the witness list, as are a handful of Lyft executives.

The case hinges on a landmark section of state law often referred to as the “ABC test,” which predates the 2012 Massachusetts launch of Uber and the 2013 launch of Lyft in the Bay State.

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For an employer to treat a worker as an independent contractor instead of an employee, they must be able to prove three points: that the worker was “free from control and direction”; that the service provided is “performed outside the usual course of business of the employer”; and that the individual has their own independent business or trade.

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Campbell’s office plans to argue that Uber and Lyft cannot fulfill all three prongs of that test, suggesting in particular that the on-demand rides provided by drivers represent the core of the companies’ business.

In response, the ride-hailing apps will contend that their models are too novel to be defined as traditional employment. They say drivers have — and widely prefer — the flexibility to work as little or as much as they want, set their own hours and decline rides at will, plus pick up trips for direct competitors.

That practice, sometimes referred to as multi-apping, is widespread. Between Nov. 30, 2019 and Feb. 1, 2020, nearly 47 percent of drivers who used Lyft also used Uber on the same day, according to data Lyft included in a court filing.

Attorneys will make their case to Judge Peter Krupp, a Gov. Deval Patrick appointee who joined the court in 2013. He’s presided over a range of topics, including a woman falsely claiming to be a victim of the Boston Marathon bombings, police witness intimidation and overtime fraud. He was also involved in the high-profile Karen Read trial, ruling in November that the blogger Aidan “Turtleboy” Kearney could continue to attend proceedings but must stay away from witnesses he allegedly intimidated.

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Before he joined the bench, Krupp worked for the Committee for Public Counsel Services, the law firm Mintz, Levin, Cohn, Ferris, Glovsky & Pompeo, at his own private practice, and as an assistant federal public defender, the News Service previously reported.

Uber and Lyft have named lawyers from Massachusetts, including several from the firm Wilmer Cutler Pickering Hale and Dorr, and other states to their team.

Much has changed in the nearly four years since Campbell’s predecessor, now-Gov. Healey, filed a lawsuit against Uber and Lyft in July 2020.

Facing orders to comply with a law in California that would have defined drivers as employees, Uber and Lyft joined with fellow gig economy power players to pump $200 million into a campaign behind Proposition 22, a ballot question that allowed the companies to define drivers as independent contractors. California voters approved the measure in November 2020, but it remains tied up in litigation en route to the California Supreme Court.

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In September 2022, after New Jersey alleged Uber misclassified drivers as independent contractors, the company agreed to pay the state $100 million in a settlement. Just more than a year later, Uber and Lyft together paid $328 million to settle a wage theft case in New York.

And here in Massachusetts, Uber, Lyft, DoorDash and Instacart are pursuing a ballot question that would establish a law declaring their drivers to be independent contractors, not employees, potentially while outlining some new benefits as well.

Their first pass collapsed in 2022 when the Supreme Judicial Court ruled that the measure improperly combined too many topics, running afoul of relatedness requirements that all ballot questions must fulfill. The successor proposal now faces a similar challenge.

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Campaign organizers have kept five different drafts of the ballot question in the mix, hoping that at least one will survive the court challenge. They’ve said they only intend to submit a single measure to voters.

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If Judge Krupp sides with the attorney general, it could transform the conversation around the ballot question from a hypothetical (should statute officially define drivers as independent contractors, which is the status quo even though parties disagree whether it’s legal?) into something more concrete (should Uber and Lyft be forced to treat drivers as employees as a judge suggested, or should the law change to allow for the model they prefer?). The inexact timing of a ruling is also a factor.

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There’s also uncertainty about whether the apps would continue to operate in Massachusetts — where transportation network companies provided more than 60 million rides in 2022, according to the most recent state data — if both the attorney general’s lawsuit and the ballot campaign do not go their way.

Uber Director of Driver Policy Lucas Munoz in March told lawmakers he could not answer that question directly, adding that “there isn’t any jurisdiction where drivers operate as employees” currently.

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Massachusetts AG Campbell accused of breaking professional conduct amid audit lawsuit

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Massachusetts AG Campbell accused of breaking professional conduct amid audit lawsuit


AG Andrea Campbell called Diana DiZoglio’s personal cell phone a day after an SJC justice moved the legislative audit legal case to the full court, a call that the auditor alleges violates the state’s professional conduct rules.

DiZoglio’s fight with Campbell is steaming ahead, even as the attorney general claims that there’s a “path forward” for the voter-approved audit of the state Legislature, over 15 months after 72% of the state signed off on the ballot measure.

DiZoglio’s office argues that Campbell’s attempt to call the auditor on her personal cell phone violates Rule 4.2 of the Massachusetts Rules of Professional Conduct, which prohibits lawyers from communicating directly about a case with an individual represented by another attorney without consent.

“The Attorney General is our state’s top law enforcement officer and should follow the Rules of Professional Conduct,” DiZoglio said in a statement on Wednesday. “I will not participate in dark, shadow conversations with the AG about this lawsuit.”

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“That she is trying to get me to speak with her alone, via private cell phone, without my legal counsel present, is unacceptable,” the auditor added.

Campbell’s office is firing back at DiZoglio’s claim, which it says is a “false and baseless accusation.”

“If the Auditor is interested in a solution,” the office said in a statement shared with the Herald, “the AG is available to speak with her or the Auditor’s staff can speak with our office – but as it stands, her office refuses to engage with us directly on a path forward.”

DiZoglio and Campbell have been locked in a legal tug-of-war since voters approved the audit in November 2024.

Siding with legislative leadership, Campbell has claimed that DiZoglio has not answered basic questions on the scope of the legislative audit. The AG argues that the auditor’s review may also violate the state Constitution.

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In February, DiZoglio sued House Speaker Ron Mariano and Senate President Karen Spilka for refusing to comply with the audit. The auditor is asking the SJC to allow her to appoint an outside attorney, as Campbell is representing the top Beacon Hill Democrats.

DiZoglio spotlighted Campbell’s attempt to talk with her on her personal cell phone after the AG appeared on GBH’s Boston Public Radio on Wednesday. The auditor also released emails between the two offices regarding the call.

In her radio segment, Campbell admitted to calling the auditor after seeing her at a recent event in Worcester and that she had yet to hear back from DiZoglio. The AG said the message that she is trying to convey to the auditor is that “there’s a pathway forward.”

Speaking at an event on March 16, DiZoglio said, “I have only asked for financial receipts and state contracts. There is nothing unconstitutional about …  getting access to that information.”

Campbell argues DiZoglio has “changed” her stance on the audit’s scope.

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Deputy Auditor Michael Leung-Tat expressed his concerns about Campbell’s call to DiZoglio in an email on Monday to Assistant Attorney General Anne Sterman and First Assistant Attorney General Pat Moore.

Leung-Tat emphasized that the last time DiZoglio and Campbell spoke via phone was allegedly in November 2023, when the AG informed the auditor of her support of the legislative audit.

“They don’t have a relationship beyond our office’s official communications,” Leung-Tat wrote, “and, as you know, official business between our offices is conducted at the staff level. … it appears that the Attorney General was calling the Auditor about the pending litigation before the SJC.”

“As you are aware,” the deputy auditor added, “we have been engaged with your office seeking assistance in our efforts to audit the Legislature since 2023, so it is curious that the Attorney General only just now decided to call.

In an email reply, Moore said there was “nothing unethical” about Campbell’s call and that the AGO was “surprised to see” the auditor’s “unfounded assertion.”

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“The Auditor has also used her time in those forums make false allegations against the Attorney General and officers of every other branch of state government, recently including judges,” Moore wrote. “Having now heard multiple variations of these comments, the Attorney General felt it appropriate to reach to talk with the Auditor.”

After multiple exchanges back and forth, Moore refuted Leung-Tat’s claims that DiZoglio has answered Campbell’s questions to help the legislative audit proceed. The first assistant AG added that the office “takes pride in our professionalism.”

“We do not, just to pick one example,” Moore wrote, “claim that every state agency funded by legislative appropriation is corrupt; nor that the courts adjudicating our cases are.”

“Nor do we take exception to conferring with those against whom we are litigating,” he added. “We do that every day.”

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Massachusetts faces World Cup-test with friendly match in Foxboro

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Massachusetts faces World Cup-test with friendly match in Foxboro


Massachusetts will get a taste of World Cup action in Foxboro on Thursday.

There is a friendly match between Brazil and France at Gillette Stadium.

It’s being considered a test ahead of World Cup matches in June.

Massachusetts governor Maura Healey says dozens of agencies are involved in making sure the 7 World Cup matches are safe and secure.

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Thursday is a test for transportation for the World Cup.

The MBTA will have 4 trains going from South Station to Foxboro.

MassDOT expects heavy traffic to begin later this morning with new traffic patterns near Gillette for the match.

As for the teams, NBC 10 caught up with Team France at their practice.

Team France says it is excited to face off against one of the best teams in the world.

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France is ranked 3rd worldwide while Brazil is ranked 5th.

Parking opens at noon while the game’s kickoff is at 4:00 p.m.



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Gov. Maura Healey says Massachusetts is ‘match ready’ for World Cup

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Gov. Maura Healey says Massachusetts is ‘match ready’ for World Cup


Gov. Maura Healey spoke Wednesday about the public health and safety preparations it is making ahead of this summer’s World Cup matches in Massachusetts.

Gillette Stadium — to be called Boston Stadium — will be the site of seven matches between June 13 and July 9.

The state is carrying out planning and training with local, state and federal agencies on everything from transportation and crowd management to cybersecurity, public health, and emergency response.

“Residents and visitors alike can be confident that we are prepared to host a safe, secure and successful World Cup,” Healey said.

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Healey said the state secured about $76 million in federal funding to pay for security and preparedness.

The state has more information about the World Cup at Match-Ready Massachusetts.

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Gillette will host a friendly Thursday between France and Brazil as a warm up to the World Cup.

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