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

Massachusetts

Farm Bill provision threatens Massachusetts animal welfare rules – AOL

Published

on

Farm Bill provision threatens Massachusetts animal welfare rules – AOL


The Farm Bill passed by the U.S. House of Representatives April 30 could undermine a Massachusetts law aimed at preventing animal cruelty.

The sweeping agricultural bill includes a section called the “Save Our Bacon Act,” which prohibits state and local governments from having farm animal welfare protections that extend to products originating in other states.

The measure specifically targets Massachusetts and California state laws that prohibit certain farm animals from being held in extreme confinement.

Massachusetts Sens. Elizabeth Warren and Ed Markey, both Democrats, released a statement opposing the inclusion of the measure in the Farm Bill.

Advertisement

“This is a highly controversial and poisonous policy that ignores the will of the people. These state laws were overwhelmingly supported by a popular vote — they shouldn’t be overridden because of big-dollar lobbying,” the senators said in their statement. “We have significant concerns about the House-passed Farm Bill, including this overreaching and harmful provision that should not be in the Farm Bill and needs to be removed.”

What is Massachusetts’s Question 3?

In 2016, Massachusetts voters passed Question 3, or an Act to Prevent Cruelty to Farm Animals, with 78% of the vote.

The measure banned the sale of eggs, veal or pork from animals that were “confined in a cruel manner.” It eliminated enclosures that prevented an animal from lying down, standing up, fully extending their limbs or turning around freely.

All of these products sold in Massachusetts must be compliant, regardless of whether the animals were raised on farms in or outside Massachusetts. Therefore, out-of-state farms must comply with Question 3 in order to sell their products in Massachusetts.

Town Line cares for 50 cows, reserving some each year for meat to sell at its farm store.

Advertisement

The law is similar to California’s Proposition 12, which also lays out specific freedom of movement and minimum floor space requirements for how veal calves, breeding pigs and egg-laying hens are kept. It also doesn’t allow the sale of any products from animals confined in ways that don’t meet their standards, including those produced in other states.

What is the Save Our Bacon Act?

The Save Our Bacon Act seeks to block California’s and Massachusetts’s laws on out-of-state producers by saying that no state “may enact or enforce, directly or indirectly, a condition or standard on the production of covered livestock other than for covered livestock physically raised in such State or subdivision.”

The legislation would apply to any domestic animal raised for the purpose of human consumption or milk production, but not animals raised primarily for egg production.

Rep. Ashley Hinson, R-Iowa, originally introduced the Save Our Bacon Act in July 2025. 

“California’s Proposition 12 and Massachusetts’ Question 3 pose a major threat to family farms and food security — both in Iowa and across the country,” she said in a press release at the time. “The Save Our Bacon Act reaffirms livestock producers’ right to sell their products across state lines, without interference from arbitrary mandates.”

Advertisement

The act was added as a section in the Farm Bill, which was then passed by the House on a vote of 224-200. The bill next heads to the Senate, where its fate is unclear as lawmakers both across and within party lines have butted heads on several provisions.

This article originally appeared on Telegram & Gazette: Farm Bill provision threatens Massachusetts animal welfare rules



Source link

Continue Reading

Massachusetts

Smoke from North Attleborough fire visible for miles

Published

on

Smoke from North Attleborough fire visible for miles


Fire broke out at an apartment building in North Attleborough, Massachusetts, on Monday afternoon, sending a column of smoke high into the air.

NBC affiliate WJAR-TV reports the smoke was visible from miles away from the building on Juniper Road.

More details were not immediately available.

This is a developing story. Check back for updates.

Advertisement



Source link

Continue Reading

Massachusetts

Life Care Center of Raynham earns deficiency‑free state inspection

Published

on

Life Care Center of Raynham earns deficiency‑free state inspection


Life Care Center of Raynham has received a deficiency‑free inspection result from the Massachusetts Department of Public Health, a distinction awarded to a small share of the state’s licensed nursing homes, according to a community announcement.

The inspection was conducted as part of the state’s routine, unannounced nursing home survey process overseen by the Massachusetts Department of Public Health. These comprehensive, multi‑day inspections evaluate multiple aspects of facility operations, including staffing levels, quality of care, medication management, cleanliness, food service and resident rights.

State survey records show that Life Care Center of Raynham met required standards during its most recent standard survey, with no deficiencies cited, based on publicly available state data.

Advertisement

The announcement states that fewer than 8% of Massachusetts nursing homes achieve deficiency‑free survey results. That figure could not be independently verified through state or federal data and is attributed to the announcement.

In addition to the state survey outcome, the facility is listed as a five‑star provider for quality measures on the federal Medicare Care Compare website. The five‑star quality measure rating reflects above‑average performance compared with other nursing homes nationwide, according to federal rating methodology.

Officials said the inspection results reflect ongoing compliance with state and federal standards designed to protect resident health and safety. According to the announcement, the outcome is attributed to staff performance and internal quality practices.

This story was created by Dave DeMille, ddemille@gannett.com, with the assistance of Artificial Intelligence (AI). Journalists were involved in every step of the information gathering, review, editing and publishing process. Learn more at cm.usatoday.com/ethical-conduct.

Advertisement



Source link

Continue Reading
Advertisement

Trending