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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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8 Picture-Perfect Main Streets In Massachusetts

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8 Picture-Perfect Main Streets In Massachusetts


Norman Rockwell painted Stockbridge so often that the real Main Street now looks like one of his canvases come to life. That is the trick these Massachusetts towns pull off. A whaling-era cobblestone lane on Nantucket and a Revolutionary common in Concord do the same thing in different accents. Each one packs its best landmarks into a few blocks you can cover on foot. The eight New England streets here all sit under 50,000 residents and earn their reputation the honest way.

Stockbridge

Red Lion Inn in Stockbridge, Massachusetts.

Fewer than 2,000 people live in Stockbridge, yet its Main Street may be the most recognizable in the state. Credit Norman Rockwell, who lived here and painted the view down the street so many times it lodged in the national memory. The white clapboard buildings, the old inns, and the big shade trees are all still right where he left them, and people still use them.

The Red Lion Inn has welcomed guests on this corner since 1773, and its long front porch is the street’s anchor in every sense. A short walk away, the Norman Rockwell Museum holds the largest collection of his work and even his relocated studio. Naumkeag adds a Gilded Age cottage with terraced gardens climbing the hillside. Come December, the town recreates Rockwell’s famous “Main Street at Christmas” scene with vintage cars parked along the curb, which is about as close as a real place gets to stepping into a painting.

Lenox

Downtown street in Lenox, Massachusetts.
Downtown street in Lenox, Massachusetts. Image credit Richard Cavalleri via Shutterstock

Edith Wharton built her dream house just outside Lenox, and the writer’s eye for proportion seems to have rubbed off on the whole town. The center is small enough to park once and walk, with bookshops, cafes, and galleries shoulder to shoulder under the trees. Under 10,000 people live here, and the place wears its Berkshire elegance lightly.

The Mount, Wharton’s 1902 estate, runs as a house museum and public garden and hosts readings and outdoor events all summer. Ventfort Hall, a Jacobean-style mansion built for a sister of J.P. Morgan, fills in more of the Gilded Age story. Just up the road, Tanglewood draws crowds every July and August as the summer home of the Boston Symphony Orchestra, so a quiet shopping street can be ten minutes from a world-famous concert lawn. Few towns this size balance that kind of culture against that little traffic.

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Concord

Main Street in the historic town center of Concord, Massachusetts.
Main Street in the historic town center of Concord, Massachusetts.

On April 19, 1775, the shot heard round the world was fired a short walk from where Concord shoppers now buy their morning coffee. That is the strange gift of this town. Its pretty village center sits below 20,000 residents, and its old houses, churches, and civic buildings look calm until you remember what happened among them.

Minute Man National Historical Park preserves the battle road and the fields where colonial militia turned back British regulars. Old North Bridge marks the spot itself, with Daniel Chester French’s Minute Man statue standing guard. Concord also raised more than its share of writers, and Louisa May Alcott’s Orchard House, where she wrote “Little Women,” still opens for tours. Two miles south, Walden Pond holds the woods Thoreau made famous, an easy swim or walk that closes the loop between the town’s history and its quieter ideas.

Marblehead

Marblehead, Massachusetts: Sites of historical homes and buildings in historical downtown district.
Marblehead, Massachusetts: Sites of historical homes and buildings in the historical downtown district. Dee Browning via Shutterstock

The streets in Marblehead’s Old Town were laid out for foot traffic and fishing nets, not cars, so they bend and narrow and dead-end at the water. The town tops 20,000 residents now, but the historic core feels far older and more intimate. Washington Street and the lanes around it run past brick sidewalks and preserved houses, with the harbor flashing into view between rooftops.

The Jeremiah Lee Mansion, a grand Georgian house built in 1768 for the wealthiest merchant in colonial Massachusetts, still keeps its original hand-painted English wallpaper. Old Burial Hill rises above town with weathered colonial gravestones and one of the best harbor views around. Abbot Hall, the brick town hall with the clock tower, houses the original “Spirit of ’76” painting. Walk the waterfront and the reason for the whole town becomes obvious. Marblehead grew up facing the sea, and it never turned away.

Newburyport

Downtown Newburyport, Massachusetts
Downtown Newburyport, Massachusetts. Image credit Heidi Besen via Shutterstock

Federal-era sea captains built their fortunes at the mouth of the Merrimack, and their three-story brick blocks still line the streets of downtown Newburyport. The Main Street feeling here spreads across several streets rather than one. Under 20,000 residents keep the center humming, with shops and restaurants filling old facades right down to the riverbank.

Market Square and State Street form the heart of it, a tight grid of brick that survived a great fire and a wave of 1970s urban renewal to come out the other side intact. The Custom House Maritime Museum, set in a granite 1835 building, tells the port’s seafaring story. Waterfront Park gives you a bench and a view of the boats. A few miles out on Plum Island, the Parker River refuge at Joppa Flats turns the same trip into prime birdwatching, so a downtown afternoon can end with herons instead of storefronts.

Rockport

Rockport, Massachusetts.
Rockport, Massachusetts. Editorial credit: Starmaro / Shutterstock.com.

A plain red fishing shack on a granite pier may be the most painted building in America, and it sits right in Rockport’s harbor. Locals call it Motif No. 1, after an art teacher who got tired of seeing his students paint it. The town runs under 10,000 residents and folds its best parts into a few tight blocks by the water.

Main Street leads to Bearskin Neck, a skinny peninsula crammed with galleries, candy shops, and lobster shacks that ends with the open Atlantic. Front Beach puts sand and water within a short stroll of the shops. The Shalin Liu Performance Center, opened in 2010, built a concert hall with a wall of glass behind the stage, so the ocean becomes the backdrop for a string quartet. You can wander from a storefront to a harbor view to a gallery without ever breaking stride.

Great Barrington

Rustic brick buildings along Railroad Street in the town of Great Barrington, Massachusetts
Rustic brick buildings along Railroad Street in the town of Great Barrington, Massachusetts. Editorial credit: Albert Pego / Shutterstock.com

Great Barrington wired the first downtown in the world lit entirely by alternating current, back in 1886, and the place has kept that forward lean ever since. Under 10,000 residents fill a center that feels genuinely busy, with restaurants, bookstores, and galleries spread along Main Street and Railroad Street. It looks like an old Berkshire town and behaves like a young one.

The Mahaiwe Performing Arts Center, a restored 1905 theater, books films, concerts, and live broadcasts year-round. The Housatonic River Walk threads a half-mile greenway along the water right behind Main Street, the work of volunteers who spent decades clearing a once-polluted bank. Just outside town, Monument Mountain offers a short climb to a quartzite ridge and a long view over the Housatonic River valley, the same trail Herman Melville and Nathaniel Hawthorne hiked together in 1850.

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Nantucket

Main Street in Nantucket, Massachusetts
Main Street in Nantucket, Massachusetts. Image credit Mystic Stock Photography via Shutterstock.

Whaling money built Nantucket’s Main Street, and the cobblestones laid to keep wagon wheels out of the mud are still there to rattle your suitcase. The island stays well under 50,000 year-round residents even at the height of summer. Brick sidewalks, weathered shingles, and window boxes give the downtown the texture of an old port rather than a new outdoor mall.

The Whaling Museum, set in an 1847 candle factory, explains how a small island once lit the lamps of the world, right down to a full sperm whale skeleton. Brant Point Lighthouse marks the harbor entrance and ranks among the most photographed beacons in New England. Straight Wharf keeps the working waterfront within steps of the shops, and the Oldest House, built in 1686, anchors the streetscape in the island’s first century. Every detail down to the gray shingles seems to point back to the same seafaring story.

Massachusetts Main Streets Worth Slowing Down For

What ties these eight together is not a shared look but a shared honesty. Stockbridge and Lenox lean on Berkshire culture, Concord carries the weight of 1775, and Great Barrington keeps reinventing itself. Marblehead, Newburyport, Rockport, and Nantucket all grew up facing salt water and never lost the habit. The best Main Streets here are not stage sets. They are working downtowns that happen to be worth a long, slow look.



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Battenfeld: AG Andrea Campbell’s errors sting Massachusetts voters

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Battenfeld: AG Andrea Campbell’s errors sting Massachusetts voters


No single person in Massachusetts bears more responsibility for denying voters the right to cast a ballot than inept Attorney General Andrea Campbell.

No rent control? Blame Campbell.

No state income tax cut? Blame Campbell.

No audit of the state Legislature? Blame Campbell.

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Again and again Campbell has screwed up or worse, been complicit, leaving Bay State voters without the ability to exercise their right to decide important issues.

No amount of fawning pieces in the Boston Globe or publicity-seeking lawsuits against President Trump can cover up that fact.

She is a disaster. Unfortunately we have to suffer through another four years of her bonehead decision-making because Republicans in Massachusetts are just as inept at fielding viable candidates.

Massachusetts voters had the best chance in two decades this fall to establish rent control with a referendum question capping rent increases at 5%. Polls showed the ballot question with a solid advantage.

But Campbell, a liberal Democrat, allowed language on the question giving exemptions from the rent limits to religious institutions, which in Massachusetts violates the Constitution. The Supreme Judicial Court voted unanimously to kick the referendum question off the ballot.

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This was not a case of political decision-making on Campbell’s part, since Democrats favored the rent control question. It was purely a rookie botch job, and a huge one at that, which will have major ramifications for renters, who will now be denied a much needed break from astronomical increases.

A simple reading of the Constitution should have caused Campbell to flag the question, and get the rent control advocates to strike the religious exemption. She admitted after she “got it wrong” — which is of no help to the renters in this state.

Apparently following the law, as Martin Short’s synchronized swimmer character would say, is not the Attorney General’s strong suit.

A similar error — or possibly an insidious political move — on Campbell’s part also blocked voters from getting a chance at lowering the state income tax from 5% to 4%.

The referendum question clearly had majority support, but was strongly opposed by Democrats like Campbell who argued it would have led to unconscionable cuts in social service programs to make up for the lost tax revenue.

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Campbell okayed fatally flawed language in the ballot question which again caused the SJC to punt it off the ballot. This one may not have been just a simple mistake, but a possible deliberate act by Campbell to poison the question.

Politics again played a role in Campbell’s moves around a 72% voter-approved legislative audit by Auditor Diana DiZoglio. By not enforcing the new law, Campbell is flagrantly keeping DiZoglio from auditing the books of the despised, free-spending Legislature.

Campbell — rather than do her job — will not represent DiZoglio in her efforts to secure the audit, but authorized her to seek outside counsel, which will cost millions.

So on one hand saying she’ll enforce the law, she’s done everything she can to block it.

So what does Campbell do exactly? She has sued the Trump administration 50 times already, on a pace to exceed even Gov. Maura Healey’s lawsuits against Trump back when she was AG.

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And she rarely ventures outside her Dartmouth, Mass. manse. Far from being the people’s lawyer, she stands against the people’s will.



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Off-duty Massachusetts State Trooper seen on video punching another trooper at bar

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Off-duty Massachusetts State Trooper seen on video punching another trooper at bar




Off-duty Massachusetts State Trooper seen on video punching another trooper at bar – CBS Boston

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An off-duty Massachusetts State Trooper was seen on video punching another off-duty trooper at a bar.

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