Rideshare drivers in Massachusetts can unionize without being full-time employees

Massachusetts has passed a statewide ballot initiative that gives rideshare drivers the opportunity to unionize while remaining independent contractors. The initiative was brought forward by the Service Employees International Union and the International Association of Machinists and Aerospace Workers. It passed with a narrow margin of about 54 percent of the vote.

The measure will allow the state’s 70,000 rideshare drivers to form unions and leverage collective bargaining power, which is not permitted for independent contractors under the National Labor Relations Act. These workers can unionize if they receive signatures from at least 25 percent of active drivers in Massachusetts. The initiative also creates a hearing process so that drivers for companies such as Lyft and Uber can bring complaints about unfair work practices to a state board. However, the ballot initiative does not contain language about strike protections. It also does not extend to food delivery drivers.

Uber and Lyft did not actively campaign against the Massachusetts measure, but they have raised concerns about the specific language. Some labor advocates also opposed the initiative, cautioning that it could hamper efforts for rideshare drivers to win recognition as full-time employees. “We’re not against unionization,” Kelly Cobb-Lemire, an organizer with Massachusetts Drivers United, told The New York Times. “But we don’t feel this goes far enough.”

Independent contractors often are not protected by federal or state labor laws because they aren’t full-time employees. The Massachusetts ballot measure could create a precedent for other states to offer unionization options for gig workers. California has been a battleground for labor protections for gig workers who drive for Uber and Lyft for several years. Most recently, a court allowed California drivers to retain independent contractor status.