Connect with us

Massachusetts

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

Published

on

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.

Advertisement

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.

Advertisement

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.

A new fleet of hybrid BRTA buses will reduce emissions and give Berkshire County riders a smoother ride

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.

Advertisement

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.

OTT Taxi operating again, this time in Williamstown, after being shut down in North Adams

Advertisement

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.

West Side footbridge and park were spawned by Union Station's construction in 1914

Advertisement

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.

Here's what happens to all those scooters in Pittsfield if Bird Global Inc. goes bust

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.

Advertisement

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.

Mitchell Chapman: Where have all the Uber and Lyfts gone in Berkshire County?

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.

Advertisement





Source link

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Massachusetts

Flags are at half-staff in Massachusetts today. Here’s why

Published

on

Flags are at half-staff in Massachusetts today. Here’s why


play

Governor Maura Healey announced that state and national flags will fly at half-staff in Massachusetts on Friday, Sept. 27 to honor Pvt. Kwack K. Woo of Los Angeles, California.

Pvt. Woo served in the United States Army Infantry Division during World War II, during which he was killed in action in February 1945 near Biesdorf, Germany. Today, Sept. 27, the remains of Pvt. Woo will be laid to rest at the Massachusetts Veteran Memorial Cemetery in Agawam.

Advertisement

In honor of Pvt. Woo and his service to the country as he is brought to his final resting place, flags will be lowered to half-staff from sunrise to sunset.

Why are flags flown at half-staff?

According to the official website of the U.S. General Services Administration, flags typically fly at half-staff when the country or specific state is in mourning. Observances include national tragedies, days of remembrance and deaths of government or military personnel.

The president, the state governor or the mayor of Washington, D.C. can order flags to fly at half-staff.

More: Quincy thanks vets with tax relief. What new benefits they’ll be getting

Advertisement

Half-staff vs. half-mast

While half-staff refers to lowered flags on land, half-mast refers to those at sea. Both refer to a flag being flown beneath the top of its staff as a sign of respect.



Source link

Continue Reading

Massachusetts

Massachusetts line workers, first responders head to Florida for Hurricane Helene

Published

on

Massachusetts line workers, first responders head to Florida for Hurricane Helene


Massachusetts line workers, first responders head to Florida for Hurricane Helene – CBS Boston

Watch CBS News


WBZ-TV’s Brandon Truitt reports.

Advertisement

Be the first to know

Get browser notifications for breaking news, live events, and exclusive reporting.




Source link

Advertisement
Continue Reading

Massachusetts

EEE is still a threat in Massachusetts, horse tests positive: ‘People shouldn’t let their guard down’

Published

on

EEE is still a threat in Massachusetts, horse tests positive: ‘People shouldn’t let their guard down’


With October only a few days away, EEE remains a threat in the Bay State.

That’s the message from health officials after another horse in Massachusetts tested positive for Eastern Equine Encephalitis.

Four people in the state have been infected with the rare but serious and potentially fatal disease during this busy year of mosquito-borne illnesses. A man in New Hampshire died from EEE.

The Massachusetts Department of Public Health on Thursday announced a third confirmed case of EEE in a horse this year. The horse was exposed to EEE in Carver, an area in Plymouth County that’s already at high risk for EEE.

Advertisement

“This latest animal case of EEE confirms that even this late in the season, the risk for spread of EEE virus from infected mosquitoes is still present,” said Public Health Commissioner Robbie Goldstein.

“With more people going outside to enjoy the mild fall weather, we continue to recommend that residents take steps to protect themselves from mosquito bites until the first hard frost,” Goldstein added.

There have been 96 EEE-positive mosquito samples in Massachusetts this year.

Infected mosquitoes have been found in Barnstable, Bristol, Essex, Norfolk, Middlesex, Plymouth, and Worcester counties.

EEE is transmitted to humans through the bite of an infected mosquito. The last outbreak of EEE in Massachusetts occurred in 2019-2020, and resulted in 17 human cases with seven deaths, and nine animal cases.

Advertisement

There were no human or animal cases of EEE in Massachusetts in 2021, 2022, or 2023.

“Cooler temperatures will start to reduce mosquito activity, but people shouldn’t let their guard down yet,” said State Epidemiologist Catherine Brown. “We continue to strongly advise that everyone in areas at high and critical risk for EEE reschedule evening outdoor activities to avoid peak mosquito biting hours.”

DPH continues to urge people to use bug spray, and to wear long sleeves, long pants and socks when outdoors.



Source link

Advertisement
Continue Reading

Trending