BOSTON — The battle over unionizing Uber and Lyft drivers returns Tuesday to Beacon Hill with a legislative committee set to take up several proposed ballot questions.
A special legislative committee is scheduled to hear testimony on the proposals that reshape the employment status of ride-hailing drivers in Massachusetts during a hearing at the Statehouse, where supporters and opponents will make their cases to lawmakers to put the questions on the November ballot.
Several proposed ballot questions, filed in August by Flexibility and Benefits for Massachusetts Drivers 2024, a group whose contributors include Uber, Lyft and DoorDash, would ask voters to allow the companies to classify drivers as independent contractors rather than employees who are entitled to benefits.
The ride-hailing companies argue that their drivers prefer the flexibility of working as independent contractors, not employees. They cite surveys of drivers saying they prefer the flexibility of contractual work.
The plan, if approved, would set an earnings floor equal to 120% of the state’s minimum wage for the drivers — $18 an hour in 2023 before tips. Drivers would be eligible for health care stipends, injury insurance and paid sick time, the companies say.
But labor unions argue that the ballot question is a veiled attempt by the companies to skirt state taxes, labor laws, better wages and benefits.
Meanwhile, another referendum — which is also inching toward the November ballot — would authorize ride-hailing drivers to unionize, which supporters say will allow them to bargain collectively for better wages and benefits from the companies.
Gov. Maura Healey hasn’t said what she would do with the bills if any reach her desk for consideration. As attorney general, Healey filed a lawsuit in 2021 asking a judge to recognize ride-hailing drivers as employees under the state’s wage and hour laws.
The proposals face legal challenges that are being considered by the state Supreme Judicial Court. Labor unions have sued to block the industry-backed referendum, while the conservative pro-business group Fiscal Alliance has sued to block the unionization ballot question.
This isn’t the first time the state’s highest court has considered legal challenges over the state’s employment rights for ride-hailing drivers.
In 2022, a coalition backed by California-based tech giants Uber, Lyft and DoorDash filed a similar proposal for the November ballot asking voters to decide whether drivers for ride-hailing services such as Uber and Lyft should continue to be classified as independent contractors.
But the SJC rejected the move, siding with opponents of the proposal. They filed a lawsuit arguing that it would violate a requirement in the state Constitution that initiative petitions must contain only “related or mutually dependent” subjects.
Massachusetts has seen the number of ride-hailing trips soar from 39.7 million in 2021 to 60.6 million in 2022 — a more than 52% increase, according to state data.
There are more than 200,000 approved ride-hailing drivers in the state but it’s not clear if all of those authorized to drive are on the roadways.
The ride-hailing proposal is one of 10 proposed referenda inching toward the November ballot, a record number that includes competing versions of the same questions.
Under the state constitution, the Legislature is required to consider the initiative petitions before backers of the referendums must conduct another round of signature gathering. Lawmakers have until April 30 to vote on the proposals.
Other ballot questions would ask voters to authorize an audit of the state Legislature; update the state’s voter laws to require photo IDs to cast ballots in elections; and legalize psychedelic mushrooms for adults 21 and older for “therapeutic” purposes.
If lawmakers don’t take up the measures, backers of the referendums must gather another 12,429 signatures by a July 3 deadline to make the ballot.
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com