News : The road ahead for gig-workers' rights

Wednesday, June 15, 2022

The road ahead for gig-workers' rights

Jun 15, 2022

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ACCESS DENIED — The state's top court blocked a ballot question to continue classifying Uber and Lyft drivers as independent contractors, ending what was shaping up to be a fraught and expensive ballot battle.

But the fight over gig-workers' rights continues.

Flexibility & Benefits for Massachusetts Drivers is refocusing on the Legislature. The tech-industry-backed coalition is warning legislators that the "future of [ride-hailing and delivery] services and the drivers who earn on them is now in jeopardy" if they don't act on legislation to keep drivers as independent contractors. But key lawmakers have rebuffed that argument before.

State Rep. Carlos González, a Springfield Democrat who cosponsored H.1234, told Playbook that he's presented "both sides with potential ideas in hopes of a compromise." But he told the Boston Globe that it would be "very challenging" to reach an agreement before the session ends on July 31.

If lawmakers don't act, expect both sides of the gig-worker fight to file legislation next session in anticipation of a ballot battle redux in 2024. Wes McEnany, campaign director for opposition coalition Massachusetts Is Not For Sale, told Playbook "our plan is to keep this coalition together and move aggressive legislation in 2023 that is going to regulate these companies."

Then there's state Attorney General Maura Healey's lawsuit against Uber and Lyft, which argues the tech giants are breaking state law by not classifying drivers as employees. Healey said in a statement that she'll "continue our efforts to force Uber and Lyft to comply with Massachusetts employment law."

Tuesday's SJC ruling is also a win for the other big ballot battle of the year: the Fair Share Amendment that would create a 4 percent surtax on annual income over $1 million and earmark that additional revenue for education and transportation projects.

"We're hearing from people in the labor movement and communities throughout the state about directing more of their efforts toward the passage of the Fair Share Amendment," Fair Share for Massachusetts spokesperson Steve Crawford told Playbook. "People don't have to divide their attention between the two questions anymore."

Keep an eye on the SJC for this one, too. In a week of big decisions on ballot questions, a ruling on a challenge to the wording of the so-called millionaires tax proposal could be next.

Healey MassGOP ad

A screen grab of a MassGOP ad opposing Democratic gubernatorial candidate and state Attorney General Maura Healey. | POLITICO screenshot

GOOD WEDNESDAY MORNING, MASSACHUSETTS. The MassGOP is attacking Democratic gubernatorial frontrunner Healey in a new television ad.

The 30-second spot tries to imply that Healey condoned the violence that followed peaceful Boston protests over George Floyd's murder back in 2020 by lifting a line from a speech imploring business leaders to better address racial inequity in which she says: "America is burning, but that's how forests grow."

Healey's campaign dismissed the ad as "misleading" and said it's "clear Maura was expressing her optimism about building a better future together and has acknowledged using a poor metaphor in a speech to the Boston Chamber. She was not condoning violence in any way."

MassGOP Chair Jim Lyons told Playbook the ad is the first in a series the party intends to run throughout the summer "defining the radical policies of the Democrats." The chair of the cash-strapped party wouldn't disclose the cost of the ad buy. But the party spent $66,526 on TV, cable and radio ads through mid-July, according to ad tracker AdImpact.

TODAY — Lt. Gov. Karyn Polito chairs a Governor's Council meeting at noon. Boston Mayor Michelle Wu attends a North End coffee hour at 9:30 a.m., announces the completed audit of city-owned land at 11 a.m. at Bunker Hill Community College, and attends a ribbon-cutting ceremony at 5:30 p.m. at Boston Public Market. Sen. Ed Markey hosts a Twitter Spaces event with "grandmother of Juneteenth" Opal Lee at 3 p.m. Sen. Elizabeth Warren speaks at The 19th's "50 Years of Title IX" summit at 2:35 p.m.

Tips? Scoops? Let's chat: lkashinsky@politico.com.

A message from PhRMA:

Did you know more than half of every dollar spent on medicines goes to someone who doesn't make them? There's a long line of middlemen, like PBMs and insurers, collecting a significant portion of what you pay for medicine. The share of total spending for brand medicines received by the supply chain and other stakeholders increased from 33% in 2013 to 50.5% in 2020. Learn more.

YAHD SIGNS AND BUMPAH STICKAHS

— POLLING TIME: Suffolk District Attorney Kevin Hayden recently polled his Democratic primary race against Boston City Councilor Ricardo Arroyo, his campaign confirmed, though did not share results. Hayden paid $10,300 to Change Research in late May for the survey.

The poll appears to be message testing, asking respondents to rate whether they're more or less likely to vote for Hayden or Arroyo based on certain statements like "Kevin Hayden believes the most important job of a District Attorney is to keep our communities safe from violent crime while also working to implement needed reforms. As a husband and father of two himself, he will work day and night to ensure all residents and their families live in safe and equitable communities."

Another is a nod to one of Hayden's main arguments against Arroyo — experience: "Kevin Hayden is not a career politician, but instead an attorney with over 25 years of experience working at all levels of the criminal justice system."

One about Arroyo reads: "Ricardo Arroyo believes that in order to change the criminal justice system, we reject the status quo and elect a change agent who will fundamentally transform the District Attorneys' office," per a screenshot posted online by the Bay State Banner's Yawu Miller.

— ENDORSEMENT ALERT: Former Rep. Gabrielle Giffords' Giffords PAC will endorse state Attorney General Maura Healey for governor at an event this afternoon in Chelsea, her campaign said.

— The ELM Action Fund has endorsed state Rep. Tommy Vitolo for reelection in the 15th Norfolk district.

— "Analysis: Ward 5's Special May Be Springfield's Hottest Race in Years," by Matt Szafranski, Western Mass Politics & Insight: "By last count, at least seven candidates for the seat had pulled papers. They include former Council candidate Lamar Cook, mayoral aide and former City Council staffer Lavar Click-Bruce, resident Edward Green, Springfield College program director Nicole Coakley, retired labor leader Ed Collins, 2021 Council candidate Mike Lee and comms professional Ellen Moorhouse."

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THE LATEST NUMBERS

— "Massachusetts COVID cases fall 33%, virus hospitalizations tick down," by Rick Sobey, Boston Herald: "The Massachusetts Department of Public Health reported 1,368 COVID infections, a 33% decrease from 2,040 cases last Tuesday."

— "Massachusetts reports another monkeypox case; 'Avoid large gatherings like raves and dance parties'," by Rick Sobey, Boston Herald: "The Bay State has confirmed [a fourth] monkeypox case, as public health officials are telling people to consider avoiding large close-contact gatherings like raves and dance parties amid the global outbreak."

DATELINE BEACON HILL

— "As mental health crisis worsens, record-setting investment languishes," by Jessica Bartlett, Boston Globe: "The $400 million in federal funding allocated by the state to mental health was seen as a watershed moment in addressing the growing crisis, a record-setting sum that advocates said would make a meaningful dent in the problem. Six months later, half of the allocation has languished, mired in bureaucratic infighting."

— "Mass. commission recommends LGBTQ-inclusive curriculum, anti-bullying protections and training," by Meg Woolhouse, GBH News: "A state commission has unveiled recommendations they hope will make Massachusetts schools and workplaces more inclusive of lesbian, gay, bisexual, transgender and queer youth. The guidance shared Tuesday at Faneuil Hall included the creation of a LGBTQ-inclusive curriculum for schools, stronger protections for gay and transgender youth against bullying and basic LGBTQ competency training for all state employees and contractors."

— "'We're looking for options': Western Mass. public officials outline labor challenges at meeting with state leaders," by Chris Van Buskirk, MassLive: "A handful of municipal officials expressed concern Tuesday afternoon about the challenges they are facing when it comes to hiring public employees and called for an extension of the state's remote public meeting authorization that is scheduled to expire in mid-July."

— "Lawmakers poised to push decision on sale of Hynes to another year and another governor," by Jon Chesto, Boston Globe: "State lawmakers have put the brakes on Governor Charlie Baker's plan to redevelop the Hynes Convention Center, advancing legislation instead that delays a decision on the future of the Back Bay site until the next administration."

— "Mass. State Reps Condemn Racist Texts Apparently Sent by Local Union," by Thea DiGiammerino, NBC10 Boston: "A Massachusetts state representative is condemning a text apparently sent by the Local 12 Plumbers Union that included racist language in discussing the Juneteenth holiday. The text message, apparently sent to the union's 2,000 members from an automated system to remind them of the Juneteenth holiday, included a racist reference, State Representative Bud L. Williams, D-11th Hampden District, said in a statement."

A message from PhRMA:

VAX-ACHUSETTS

— "Child care providers concerned as state phases out COVID-19 testing support," by Craig LeMoult, GBH News: "The Massachusetts Department of Early Education and Care announced on Friday that it's phasing out a state-sponsored COVID-19 testing program that thousands of child care programs across the commonwealth have relied on over the last year. The announcement — which came two weeks after the state relaxed quarantine guidelines for child care, but before federal approval of COVID-19 vaccinations for children under 5 — only adds to the uncertainty for day care providers on how best to keep children and staff safe."

FROM THE HUB

— "Police commissioner search wrapping up as committee prepares for second-round interviews," by Ivy Scott, Boston Globe: "Retired Supreme Judicial Court Justice Geraldine Hines, who chairs a five-member committee [Boston Mayor Michelle] Wu convened in January, said the panel received 42 applications from across the country. … The Police Executive Research Forum, the firm Boston hired to assist in the search, recommended 'roughly half' of the applicants as strong candidates for the position, Hines said. Still, the committee read every application before inviting about a dozen candidates for interviews, which should be completed by the end of the week. … Both internal and external candidates are being considered as potential finalists."

— "State moves on 'recovery campus' for Shattuck site," by Seth Daniel, Dorchester Reporter: "A long-awaited decision about how to re-purpose the 13-acre, state-owned Shattuck Hospital campus next to Franklin Park took one step closer to resolution this week. On Tuesday, the state's Department of Public Health made public its Request for Proposals (RFP) for the site, calling for around 100 units of permanent supportive housing and other substance use disorder treatment services on what would be a 'recovery campus.'"

PLANES, TRAINS AND AUTOMOBILES

— "Inflation is making free transit more popular — but no less complicated," by Lisa Kashinsky and Tanya Snyder, POLITICO: "Michelle Wu once led a citywide revolution against public transit fare hikes. But what she really wanted was to make the system free. Within her first 24 hours as mayor last fall, Wu filed the paperwork to make it happen on three key bus routes — a big milestone in her quixotic quest to 'free the T.' ... The push for free buses and trains has long been heralded in progressive circles as a way to boost access to transportation, mitigate carbon emissions and bridge racial disparities. Now, it's increasingly popular as gas prices hit new records and Covid-weary mayors and governors grow desperate to entice people and businesses back to urban centers."

THE PRESSLEY PARTY

— "Ayanna Pressley votes against security for Supreme Court justices' families, pushes for abortion bill," by Rick Sobey, Boston Herald: "Congresswoman Ayanna Pressley on Tuesday was the lone Bay State pol to vote against the bill to expand security for Supreme Court justices' families as threats have mounted following the leak of the court's abortion ruling. … Pressley following Tuesday's vote pushed for an abortion bill, while saying the Supreme Court has 'put lives at risk.'"

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FROM THE 413

— "Amherst board OKs putting 2022 pot revenues toward reparations but balks at permanent allocation," by Scott Merzbach, Daily Hampshire Gazette: "Concerns about the economy, and possible budget cuts that may need to be enacted, are prompting Amherst's elected officials to hold off on permanently dedicating revenues from cannabis tax receipts to a reparations initiative for residents of African heritage."

THE LOCAL ANGLE

— "Hurry up and buy? Homebuyers race to beat rising rates, driving prices upward," by Catherine Carlock, Boston Globe: "Interest rates are rising, and the number of potential homebuyers is dwindling, yet home prices surged yet again this spring in Greater Boston. But there are growing fears that potential buyers are priced out of the market, with a slowdown coming soon."

— "Boston doctor treats her final patients at Mississippi's Jackson Women's Health, as fears linger that its days are numbered," by Hanna Krueger, Boston Globe: "'When would you like to come back?' [Dr. Cheryl] Hamlin asks. It is a question repeated in every individual counseling session since Mississippi state law mandates those seeking abortions to wait 24 hours between their first and second appointments. Almost everyone requests 'tomorrow.' But lately when Hamlin scribbles that date on charts, there's an unwritten asterisk. One day, sometime this month, there won't be a tomorrow."

— "Oaks Bluffs Select Board and NAACP clash over flying Juneteenth flag," by Susannah Sudborough, Boston.com: "A conflict between the Oak Bluff Select Board and the Martha's Vineyard Branch of the NAACP is brewing over raising the Juneteenth flag on town property. According to an email provided to Boston.com by Martha's Vineyard NAACP President Arthur Hardy-Doubleday, the Select Board is refusing the NAACP's request to fly the Juneteenth flag on a park flagpole this month, citing an interim flag policy they say limits what flags can be flown on town property."

— "After lengthy debate, Worcester City Council backs drone for Police Department," by Cyrus Moulton, Telegram & Gazette: "The City Council voted 7-3 to support a drone for the Police Department, with councilors citing compromise after a draft policy governing the technology's use allayed some concerns over civil rights and the homeless."

MEANWHILE IN MAINE

— "Paul LePage tries to make a comeback in Maine. Will independent voters bite?" by Steve Mistler, NPR: "Maine's race for governor will be a three-way contest focused on two longtime rivals, incumbent Democratic Gov. Janet Mills and former Republican Gov. Paul LePage, who have never faced one another in an election. … LePage's penchant for testing the limits of his authority were often confronted by Mills, who served as Maine's attorney general for most of his two terms."

A message from PhRMA:

Did you know that PBMs, insurers, hospitals, the government, and others received a larger share of total spending on medicines than biopharmaceutical companies? That's right, more than half of spending on brand medicines goes to someone who doesn't make them. Let's fix the system the right way and ensure more of the savings go to patients, not middlemen. Learn more.

HEARD 'ROUND THE BUBBLAH

MOVE OVER, BLIZZARD INTERVIEW — Five months after a WCVB reporter interviewing two people walking around in a blizzard trying to find an open Dunkin' about Tom Brady's seeming retirement from the NFL took the internet by storm, another wicked Massachusetts news report is going viral. Watch WBZ NewsRadio's Matt Shearer tell the tale of the three Market Baskets on Boston Road in Billerica, one of which is now closed, featuring Very Massachusetts Anecdotes from very sad customers, one guy telling them to get over it and a mechanical horse that GBH's Zoe Mathews informs us is named Diamond.

MARTY RUNS ON DUNKIN' — Don't spit out your coffee: Here's more Labor Secretary Marty Walsh with Dunks content, this time at a House Education and Labor Committee hearing (h/t Paige Smith).

TRANSITIONS — Dr. Kevin M. Simon has been named as the Boston Public Health Commission's first-ever chief behavioral health officer.

HAPPY BIRTHDAY — to Milt Spaulding, Marie Harf and Hunter Woodall. Happy belated to Maud Mandel.

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