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Will a New Gig Worker Exception Proposed in Massachusetts Change the Future of Work? (cnn.com) 136

"Last year, Uber, Lyft, DoorDash and Instacart succeeded in getting Californians to vote in favor of a ballot measure exempting them from classifying drivers and delivery workers as employees," remembers CNN. So after their success with Californian's Proposition 22, "the companies are in the early stages of taking a similar approach in Massachusetts..." The Coalition to Protect Workers' Rights, an alliance that includes labor advocates and community groups, argued this week that the Massachusetts measure would "permanently create a 'second class' status" for the workers... [T]he proposed Massachusetts ballot initiative presents a minimum earnings guarantee of "120 percent of minimum wage" based on "engaged time," meaning the only time counted is when a driver is fulfilling a ride or delivery request but not the time they spend waiting for a gig. (An analysis from UC Berkeley Labor Center had estimated the pay guarantee under Prop 22 for Uber and Lyft drivers would be equivalent to a wage of $5.64 per hour, instead of $15.60 or 120% of a $13 minimum wage, given such loopholes.) Workers would also receive $0.26 reimbursement per engaged mile to cover vehicle upkeep and gas. (The UC Berkeley Labor Center previously pointed out that Prop 22's $0.30 reimbursement is lower than the IRS' estimated $0.58 per mile cost of owning and operating a vehicle.) While the proposal includes a health care contribution from a company for certain qualifying workers, that too is based on "engaged time" and only a small portion of workers would likely qualify, according to the Coalition to Protect Workers' Rights, due to minimum engaged time requirements...

Some workers could also earn paid sick time, paid family and medical leave, and in lieu of worker's compensation, benefits for medical and disability in cases of on-the-job injuries. Workers would have the ability to appeal if their accounts are deactivated, and would receive training on public safety issues. It would also let gig companies avoid contributions to unemployment or Social Security, and deny app-based workers more robust legal protections around discrimination, including when it comes to compensation.

Lyft, Uber and other members of the coalition, want their proposition included on November 2022 ballots, TechCrunch reports. (Though the question still has to pass a legal review and receive enough signatures from voters.)

But a Boston Globe columnist argues the measure isn't just about gig-working conditions. "It's about the future of work in America." If voters side with the tech giants, the labor landscape will be transformed, immuring a giant and growing body of workers in a world with fewer benefits and protections. And where ride-hailing drivers go, nurses, restaurant workers, executive assistants, programmers, and others will surely follow. The tech giants who rule the world are already dreaming of the day when those workers, too, will be classified as mobile, independent contractors, with fewer benefits and less security than employees. "If they get away with this, every industry is going to line up to ask for an exception," said labor attorney Shannon Liss-Riordan, who has battled the gig companies for years. "And before you know it, the entire fabric of workplace protections will be gone..."

Plenty of people are fine with the fact that that means there will always be a bunch of drivers milling around unpaid and unprotected, waiting for us to summon them. But if blue Massachusetts follows liberal California and approves the formal creation of a second-class workforce, the rest of the country will follow, as will other industries. "This is a question of whether we are going to be a society that recognizes the dignity of work," Liss-Riordan said.

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Will a New Gig Worker Exception Proposed in Massachusetts Change the Future of Work?

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  • Double Speak (Score:5, Insightful)

    by Cassini2 ( 956052 ) on Sunday August 08, 2021 @07:21AM (#61669067)

    What I find interesting is the incredible level of double-speak. For instance the commitment of 120% of minimum wage that sounds like a wage increase even though it isn't. Similarly, the health care contribution is worded in a way that almost no one will qualify. It is like the author made a list of worker protections, and then created a list of bullet points that sound like improvements even though they aren't. It makes it very difficult to even know what is being voted for.

  • "And where ride-hailing drivers go, nurses, restaurant workers, executive assistants, programmers, and others will surely follow. "

    So, you're saying workers in all those professions will be able to set their own hours, and work as much or as little as they want.
    • Re:Woot! (Score:4, Informative)

      by hey! ( 33014 ) on Sunday August 08, 2021 @09:59AM (#61669343) Homepage Journal

      It doesn't matter. All they have to do is adopt the fiction that those people are free to set their time, then basically stop "hiring them" if they don't show up for work whenever they're wanted.

      This'll be like all the employers out there who class employees who have to punch a clock as "consultants" and "contractors".

      • I've seen this here in a country with strong labour-protection laws, the neighbouring country doesn't and so they run split shifts in service industries, meaning you have to come in to work whenever your boss phones you but go home and sit there unpaid when they don't need you. This predates the "gig economy", but they're going to love this sort of thing because now instead of simple split shifts they've got micro-splitting where they can pay you only for short segments and the rest of the time you're unpa
    • by fermion ( 181285 )
      This is the question. How much control do the drivers have. This was the question when Microsoft, Google, etc were classifying developers and other workers as contract although they did not have control of their schedules. Likewise salary workers have the problem with pay. A salary worker who puts in 60 hour weeks can make than $12 an hour, but at least they generally get good benefits.

      In the end, it was the lax enforcement of labor law in the 1990â(TM)s that has lead to the gig economy.

  • When this came up in the U.K. every Uber driver I spoke with was upset about being forced to become an employee. Not everyone wants to give up the flexibility of being able to choose their own hours of work. Which is what paid time between gigs would result in.

    To a lot of people the entire idea of clocking in and out at set times is a concept that belongs in the 20th century

    • When this came up in the U.K. every Uber driver I spoke with was upset about being forced to become an employee. Not everyone wants to give up the flexibility of being able to choose their own hours of work. Which is what paid time between gigs would result in.

      To a lot of people the entire idea of clocking in and out at set times is a concept that belongs in the 20th century

      It's likely that those folks were using Uber for something it is more aligned with. Part time work to supplement a full time job.

      Not that I'd ever suggest anyone doing Uber anyhow.

    • When this came up in the U.K. every Uber driver I spoke with was upset about being forced to become an employee.

      When this came up in the UK you were talking to people whose health care was decoupled from their employment. Their situation is really not relevant here.

      To a lot of people the entire idea of clocking in and out at set times is a concept that belongs in the 20th century

      So is not having national health care, but the American workers we're talking about in this discussion don't have that. We have national health insurance, which does not guarantee care, nor affordability.

  • As a software developer I'd like to know what are those protections that workers enjoy. Mandatory time off, paid healthcare, can't be fired at will? Oh, wait, that's in Yurop. We don't have anything like that here. I still fail to see what is the difference with a "gig worker"? That they are paid per specific task, not per hour?

  • by sunking2 ( 521698 ) on Sunday August 08, 2021 @08:45AM (#61669231)

    So does this move waiters and waitresses up or down a tier?

    • Waiters and waitresses are not usually "independent contractors". It's mostly scheduled work. If they were paid by the plate of food served. it might apply to them.

      • by djinn6 ( 1868030 )

        If they were paid by the plate of food served. it might apply to them.

        Since the majority of their income is from tips, this is actually true.

        • It depends on the restaurant in the USA. McDonald's staff get very few tips, for example.

          • by djinn6 ( 1868030 )

            To quote you from earlier (emphasis mine):

            Waiters and waitresses are not usually "independent contractors"... If they were paid by the plate of food served. it might apply to them.

            Last I checked, there aren't any waiters or waitresses at McDonald's, only cooks and cashiers.

            • It gets even more surreal at such fast food restaurants. McDonald's calls them "crew team members", as do many other fast food restaurants. I suspect it's partly to avoid the gendered language and some of the legal obligations of the specific job titles.

              McDonald's has moved away from individualized service. Have you been in the last year? I've been in the last year because I needed a fast meal with predictable amounts of food. They've migrated in many locations to touchpad based ordering systems, and never

  • by Meneth ( 872868 ) on Sunday August 08, 2021 @09:35AM (#61669309)
    This would be acceptable, IFF we had Universal Basic Income to make up for the downtime.
  • by SQL Error ( 16383 ) on Sunday August 08, 2021 @09:40AM (#61669315)

    AB5 - the Gig Worker Law - was a mess. It affected people whose jobs depended on gig work, like freelance journalists, and the legislature gave special exemptions to favoured industries but not to individuals. And the sponsors of the bill were anything but receptive to amending it.

    So it got overturned by a ballot initiative, Prop 22, which is bad in a different way but is now almost impossible to change. It would require a majority of 87.5% to overturn.

    A great lesson in what not to do, but I doubt anyone in the Sacramento was paying attention.

    • by djinn6 ( 1868030 )

      It's actually not overturned. Prop 22 only gave the exemption to drivers and nobody else. Freelance journalists are still screwed.

    • Yep. People don't realize just how bad AB5 was for the freelance journalism industry, basically gutting it here in California. I'm sure all the people who were put out of work were so happy for the benefits they'd have gotten if they had a job, which they didn't.

      California Legislators brought Prop 22 upon themselves. As you said, it's unlikely to be a lesson they pay any attention to.

  • by Hizonner ( 38491 ) on Sunday August 08, 2021 @09:43AM (#61669317)

    I want to be able to hunt Uber, Lyft, and DoorDash execs for sport. But only during times when they exercise authority over their companies.

  • Gotta love it :) (Score:5, Insightful)

    by djp2204 ( 713741 ) on Sunday August 08, 2021 @09:54AM (#61669329)

    Watching progressive hard left wing tech companies in the most liberal states in the country restrict worker rights. And then the supposedly pro labor voters in this states push these laws through at the ballot box. When itâ(TM)s their money all they care about is cheap regardless of the cost.

    • by Nugoo ( 1794744 )
      In what world are Uber, Lyft, Doordash, and Instacart progressive or hard left wing? For that matter, now that Uber is no longer researching self-driving cars, they're not even a tech company.
  • be up to ter workers by now?

    10^12 rather than 10^9

  • In Newspeak, being free to work, free from government control serving unions, is second class status.

    Kibitzers insert rhetorical objections here:

  • by cascadingstylesheet ( 140919 ) on Sunday August 08, 2021 @11:03AM (#61669465) Journal

    CA and MA, those, er, well known bastions of wascally wepubwicans, stripping workers of protections ...

    Hard to square, huh? But, urban cool people need their Ubers, so that's that, contradictions be damned ...

  • Gig work is very similar to IT consulting which should be familiar to many at /. Why is there a sentiment here that is pro regulation and anti freedom towards gig work? I don't see what the govt needs to be involved. Many companies in IT offer same positions are consulting or full time and pay & benefits is adjusted accordingly. It's up to the 2 parties (Employer and worker) to decide which arrangement they want. The govt should stay out of it.
    • by djinn6 ( 1868030 )

      The problem is the amount of pay. For IT consulting, it's almost certainly a high enough income to rent an apartment and buy health insurance. An Uber gig does not pay enough for that on a consistent basis. The question then is, how do we get these people health care?

      Some on the left want Uber to pay for it. Others like myself want the state to do it. And those on the right seems to have no interest in the question at all.

      • OK, but you see how it's all lumped together? The govt gets involved and low-paying gigs basically inflict collateral damage to high paying gigs and we all end up as 'employees' even if we don't want to be 'employees'.
        • by djinn6 ( 1868030 )

          I do, which is why I think many of the common benefits full-time jobs provide should simply become a government function. We should have public health care just like every other developed nation out there. We could even have private services on top of that for those who can afford it, but the basics should be provided at minimal cost.

  • Please keep running anti-workers rights laws on the ballots! We know these screw people over but given the slave--er-- "worker" market right now you may still have a shot!
    Looking into the future though, you might want to look at the tiny little snag effecting the food service industry. Seems these uppity wage slaves think they can make them change the way they do business. Not to worry, Republicans are working hard to force the poor back into subhuman pay and benefits as fast as they can!
    'Murika! Land of Fr

  • California was duped (Score:4, Informative)

    by Fuzi719 ( 1107665 ) on Sunday August 08, 2021 @11:59AM (#61669601)
    The $200MILLION spent by Uber/Lyft/Doordash to lie and cheat their way to getting their way in California has now been revealed for the egregious lie it was all along. They promised the universe, but now all of the "gig workers" are discovering none of their promises are real. The workers are being cheated out of everything, their wages reduced to extremes, none of the benefits are being given to them. Now the State is scrambling to figure out how to reverse this travesty. DON'T GIVE IN TO UBER!
  • The fact that in the US medical insurance, disability, unemployment, vacation is all linked to an employer gives too much power to an employer. it also means employers play games like scheduling people for part time hours so that they dont have to pay out benefits.

    A better system would be to create a central pool from which medical coverage, disability, unemployment and vacation is paid out and which you become eligible for if you work 1800 hrs a year across all employers. You could drive 15 hrs for Uber
    • by PPH ( 736903 )

      all linked to an employer

      And to a political jurisdiction. It used to be that I could buy a policy anywhere in my state and the rates were uniform. After Obamacare, it was sliced up by zip code. You move and your policy can't go with you.

      The answer: You have to learn to be loyal to your state and local leaders.

      paid out and which you become eligible for if you work 1800 hrs a year across all employers

      Why tie that coverage to employment? I'll just increase my contracting rates to cover the premiums and buy my own. With wages you could do the same.

  • Ah, nothing new, but the practice of referring to aspects of the legal code that don't compliment a particular position as "loopholes" never gets old, sort of like referring to things like nausea, diarrhea, death, etc as "side effects" of a drug instead of just "effects", or "the way it is".
  • My company has to have most documents translated into Japanese. So we have in-house translators to do that. But sometimes we need a translation into another language. It doesn't happen often, so we contract it out. AB5 guaranteed that no California translator can get that job. Now the occasional work goes to someone in another state.

    My ex is a translator in a less popular language. She made a modest living translating mostly legal and medical documents (her specialties). Right before the covid lockdo

    • I'm having trouble understanding how a freelance translator hired for one-off services wouldn't still fit the AB5 definition of contractor; care to clarify? That seems like the exact model of somebody who *does* fall under a 'contractor' according to everything I've read about that law. That's not their primary business nor something they're regularly engaged in, her business exists independent of them, it's skilled work, she works for a limited period, she presumably promotes her own services ... do they f
      • by rossz ( 67331 )

        For all the reasons you listed, translation and interpretation services should have been exempted. However, AB5 changed all that and made her career illegal as an independent contractor. Make sure you are not misreading. AB5 is not ABC. AB5 supersedes ABC.

        AB5 = Assembly Bill 5,which came into effect at the beginning of 2020.

  • I think one of the best ways to solve this problem is to make everybody a contractor. A person gets nothing but cash from their employer. The person handles their own taxes, healthcare and disability coverage because that way we can free up American companies to do what they do best. Think of the financial boon it would be for the insurance segments of the stock market. Executive compensation will be increased at the expense of providing services. It's a win-win solution. \s
  • Seems to me this discussion took a wrong turn somewhere. The California law should have been constructed to exempt all would be gig employers. Then, if the job pays too little the poor schlub driving the car should learn trade that pays well. Have you looked at what it costs to have an electrician come and change some wiring in your house, like replace a socket that has aged until it no longer grips plugs reliably? Have you looked at what plumbers are paid? Welders? Maybe you should have paid attention in s

  • Shitty headlines presented as questions. News at 11.

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