Thursday, February 1, 2024

Gig-worker ballot battle goes to court … again

Presented by McDonald's: Lisa Kashinsky and Kelly Garrity's must-read rundown of what's up on Beacon Hill and beyond.
Feb 01, 2024 View in browser
 
Massachusetts Playbook logo

By Kelly Garrity and Lisa Kashinsky

Presented by McDonald's

REVVING UP FOR A REDUX — The battle over whether Uber and Lyft drivers should be classified as independent contractors is returning to court.

A coalition of drivers and labor leaders is suing to block the five versions of the Big-Tech-backed ballot question that would keep app-based drivers as independent contractors while offering them certain benefits.

The lawsuit, which Massachusetts Is Not For Sale plans to file with the state’s top court later today, claims the ballot initiatives “contain multiple, unrelated provisions of law” that confuse voters “by design,” according to details shared with Playbook. The coalition also argues that Attorney General Andrea Campbell’s summaries of the initiatives don’t demonstrate the impact they would have on social welfare laws.

Does this all sound a little familiar? Massachusetts Is Not For Sale has tried the related-subjects argument before — and won. The Supreme Judicial Court blocked the Uber-and-Lyft-backed question from the 2022 ballot over the technicality, upending what was shaping up to be a multimillion-dollar battle.

But proponents made changes to the ballot questions this time around that they say address the court’s concerns about combining unrelated subjects.

“Our ballot language has been thoughtfully tailored to incorporate feedback from the SJC; the attorney general certified all of our petitions; and the Legislature is now considering our question,” Flexibility and Benefits for Massachusetts Drivers spokesperson Conor Yunits said in a statement. “We are confident this cynical legal attempt to block the question will fail and that Massachusetts voters will make their voices heard.”

A ride-share car displays Lyft and Uber stickers on its front windshield.

Uber and Lyft are among the tech companies pushing to keep drivers as independent contractors in Massachusetts. | Richard Vogel, File/AP

The worker-classification issue will also return to court this spring in a different case. The lawsuit then-Attorney General Maura Healey filed in 2020 accusing Uber and Lyft of deliberately misclassifying their drivers as independent contractors is headed to trial in May.

In the meantime, the tech companies have already pumped nearly $7 million into the second round of the ballot fight. Uber seeded the Flexibility and Benefits for Massachusetts Drivers ballot committee with more than $2.4 million. Instacart has contributed more than $1.7 million, DoorDash has given about $1.6 million and Lyft has donated a little over $1 million.

And in other ballot-question developments: The Massachusetts Teachers Association-backed push to replace MCAS as a high school graduation requirement has drawn an opponent. John Schneider, a top official at the education nonprofit Mass Insight, has formed a ballot committee to fight the proposal — teeing up what CommonWealth Beacon’s Gintautas Dumcius notes could become the second major ballot-box clash over education policy in less than a decade.

GOOD THURSDAY MORNING, MASSACHUSETTS. The state Senate votes on a gun bill today that has the support of a key police chiefs group but not, unsurprisingly, of the Gun Owners’ Action League. With 76 amendments to consider, Majority Leader Cynthia Stone Creem’s advice is: “I’m going to wear comfortable shoes. I think it could be a long day.”

TODAY — Healey, Lt. Gov. Kim Driscoll and Boston Mayor Michelle Wu have no public events. Auditor Diana DiZoglio speaks at the Massachusetts Town Clerks Association conference at noon in Devens.

Tips? Scoops? Email us: kgarrity@politico.com and lkashinsky@politico.com.

 

A message from McDonald's:

From 2021 to 2022, the McDonald’s System contributed over $700 million to Massachusetts’ economy, supporting over 14,350 jobs statewide. McDonald’s presence in local communities throughout Massachusetts generated nearly $125 million in federal, state and local tax revenue, providing funding for public schools, infrastructure, parks and more. Learn more about McDonald’s impact on local communities in Massachusetts and nationally by visiting https://www.mcdeconomicimpact.com/state-impacts/ma.

 
MIGRANTS IN MASSACHUSETTS

Massachusetts Governor Maura Healey pauses to look at the Army cots set up on the gym floor as State and local officials toured the Melnea A. Cass Recreational Complex Wednesday, Jan. 31, 2024, in the Roxbury neighborhood of Boston.

Gov. Maura Healey tours the shelter set up at the Cass Recreational Complex in Roxbury. | John Tlumacki/Boston Globe | Pool photo by John Tlumacki

ON THE MOVE — Migrants who have been sleeping at Logan Airport began relocating to the Melnea A. Cass Recreational Complex in Roxbury Wednesday, hours after officials toured the new overflow shelter site and tried to ease community members' concerns about the increasing burden on an already underserved neighborhood.

The facility that’s equipped with cots and personal hygiene kits for up to 400 people was expected to serve 75 on its opening day, Gov. Maura Healey said after she walked through the complex with a coterie of state and local officials including Boston Mayor Michelle Wu, state Sen. Liz Miranda, state Rep. Chynah Tyler and City Councilor Tania Fernandes Anderson.

“We’re here today because we really don’t have a choice,” said Healey, who had visited families sleeping at Logan Airport the night before. “We need to make sure that we have a place for people to go safely.”

Healey pledged to use local vendors to staff the site and to spend “additional resources” on “important upgrades” to the building so it could reopen to the public in June after ceasing operations as a shelter at the end of May (though she wouldn’t put a dollar figure on it). Miranda, Tyler and Fernandes Anderson, all of whom represent Roxbury, urged their constituents to approach the difficult situation with compassion.

“I’m quite sure the governor knew that Roxbury was going to give her smoke,” Fernandes Anderson said. “And she said this is difficult and it must be done — and that is leadership.”

But Healey is now facing fire from Republicans and from opponents of Wu. Catherine Vitale and Shawn Nelson, two vocal critics of the mayor who ran unsuccessfully for City Council last year, showed up outside the Cass complex chanting through bullhorns, “Shame on Healey. Shame on Wu.” The MassGOP bashed Healey in a post on X for showing emotion over the situation.

And Geoff Diehl piled on. The 2022 GOP gubernatorial nominee sent out a fundraising email for his Republican State Committee reelection campaign saying Healey and the rest of the Democrats who run Beacon Hill “have the majority necessary to take the votes to resolve this crisis” but are “choosing not to.”

Healey again cast blame on Congress for failing to pass border policy changes and additional funding that President Joe Biden has asked for. And, as U.S. House Speaker Mike Johnson railed against the bipartisan border deal that’s yet to emerge in the Senate, Healey took a shot at the Republican leader: “I continue to demand action from the House on what is a sensible path forward,” she said.

 

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DATELINE BEACON HILL

“Celtics star Jaylen Brown drafted by lawmakers in pursuit of sentencing reform,” by Matthew Medsger, Boston Herald: “Brown headed to the State House Wednesday as the joint judiciary committee considered a proposal to see some crimes committed by 18-year-old adults eventually expunged from their records.”

“WynnBet, Betr look to exit Mass. mobile sports betting,” by Colin A. Young, State House News Service (paywall): “WynnBet confirmed Wednesday that it plans to cease online wagering in Massachusetts and Betr announced last week that it would not renew its temporary license to take bets in Massachusetts. … DraftKings handled nearly half of all Massachusetts bets settled in December, followed by FanDuel taking nearly 30 percent of the action, according to Gaming Commission data.”

FROM THE HUB

“Boston City Council votes to accept $13.3 million federal antiterrorism grant that it previously rejected,” by Niki Griswold, The Boston Globe: “The Boston City Council voted Wednesday to accept a $13.3 million federal antiterrorism grant that the previous council narrowly blocked last year over concerns about the police intelligence-gathering operation known as the Boston Regional Intelligence Center, which would get at least some of the funds. Following a tense discussion in which some councilors advocated for holding another committee hearing on the issue before taking a vote, 11 councilors voted in favor of accepting the grant, while two, Liz Breadon and Julia Mejia, abstained and voted present, respectively.”

“On Roxbury Walgreens’ last day, local community leaders consider legal action,” by Craig LeMoult, GBH News: “Community members in Roxbury are considering filing a lawsuit against Walgreens after the pharmacy chain closed its Warren Street location for the last time Wednesday. … Lawyers from state Attorney General Andrea Campbell's office met with the Rev. Miniard Culpepper of the Pleasant Hill Missionary Baptist Church Wednesday afternoon to discuss possible legal action. Culpepper has been working with the group Prophetic Resistance Boston and the Black Men's Political Task Force to fight the Walgreens closure.”

Sens. Elizabeth Warren and Ed Markey and Rep. Ayanna Pressley slammed Walgreens in a statement, urging the company to “adequately respond to, the impacts of this closure, stop the closure of its pharmacies in Black and Brown neighborhoods, and provide resources to the community as they work to fill the gaps this company has left behind.”

“City Council votes to create Office of Pest Control in Boston amid rat problem,” by Peter Eliopoulos, WCVB.

 

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DAY IN COURT

“Two State Police troopers charged in alleged license scheme suspended without pay ‘indefinitely’,” by Emily Sweeney and Laura Crimaldi, The Boston Globe: “Two state troopers accused of giving applicants passing grades on commercial driving tests in exchange for bribes were suspended without pay indefinitely Wednesday as State Police acknowledged that nine of its civilian and sworn law enforcement personnel were granted commercial licenses through the alleged scheme, officials said.”

DATELINE D.C.

—  “Steward crisis hits Congress,” by Grace Zokovitch, Boston Herald: “Rep. Lori Trahan brought the Steward Health Care System crisis before a Congressional committee Wednesday, calling for more transparency into the ‘disastrous’ role of private equity in the financial instability threatening hospitals in Massachusetts.”

“Podesta to take on John Kerry’s climate role,” by Zack Colman, POLITICO: “White House adviser John Podesta has been tapped to be the Biden administration’s top climate diplomat once John Kerry steps down from his post this spring, a person familiar with the move told POLITICO.”

“House passes $78B tax bill in rare bipartisan vote,” by Benjamin Guggenheim, POLITICO: “The House passed bipartisan tax legislation Wednesday evening that would expand the Child Tax Credit and restore several business tax breaks — a rare feat in an otherwise bitterly divided Congress that has frequently suffered crippling dysfunction. … It awaits an uncertain future in the upper chamber.”

The Child Tax Credit has been a key issue for House Democratic Whip Katherine Clark, who called the vote “a major step forward” for a “powerful tool in the fight against childhood poverty” in a statement.

 

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THE LOCAL ANGLE

“14 Massachusetts colleges land on restrictive free speech list: ‘Censorship and terrible policies’,” by Rick Sobey, Boston Herald: “This year’s [Foundation for Individual Rights and Expression] report found that 98 colleges — or 20% — got a ‘red light’ rating, meaning they have at least one policy that ‘clearly and substantially restricts freedom of speech.’ Massachusetts is home to 14 of those colleges: Boston College, Northeastern University, Tufts University, UMass Lowell, Fitchburg State University, Framingham State University, Worcester State University, Bridgewater State University, Salem State University, Clark University, College of the Holy Cross, Massachusetts College of Liberal Arts, Mount Holyoke College, and Westfield State University.”

THE STRIKE GOES ON — Newton schools are closed for a 10th day as contract negotiations between striking teachers and school officials continue. The teachers, who have incurred more than $525,000 in fines for walking off the job, were backed Wednesday by the president of the National Education Association and the Dropkick Murphys, who covered a pro-union song to express support.

“Water billing error in Framingham may have flushed millions down the drain, ex-CFO says,” by Jesse Collings, MetroWest Daily News.

MEANWHILE IN NEW HAMPSHIRE

SMOOTHING THINGS OVER — New Hampshire's all-Democratic congressional delegation met with Biden Wednesday to remind him how frustrated they were that he kept his name off last month's primary ballot (He won the contest on a write-in campaign waged by his allies.). And they urged him to compete in the state in the general election.

Biden "agreed to prioritize campaign efforts" in the Granite State, Sen. Maggie Hassan posted on X. Rep. Annie Kuster told WMUR she expects Biden will campaign there sometime after his State of the Union speech.

“Northern border crisis? In N.H., just 21 encounters over 15 months, data show,” by Amanda Gokee, The Boston Globe: “New data obtained by the American Civil Liberties Union of New Hampshire reveals that there have been only 21 apprehensions along the New Hampshire border in a 15-month period from October 2022 through December 2023. That’s a far cry from the border crisis Republican politicians have pointed to as justification for a new $1.4 million border patrol initiative launched in late 2023.”

 

A message from McDonald's:

McDonald’s is an economic engine for the state of Massachusetts, contributing over $700 million to our state’s economy, directly employing nearly 11,600 Massachusettsans and supporting an additional 2,750 jobs statewide. It’s also an engine of opportunity: 1 in 4 independent McDonald’s operators in Massachusetts began their careers as restaurant crew members, generating wealth for their families and local communities. We are proud to support Massachusetts through public schools, parks and more from the nearly $125 million in federal, state and local tax revenue generated by the McDonald’s System’s activities. And thanks to the generosity of McDonald’s customers and owner/operators, the $700,000 raised through Ronald McDonald House Charities in 2022 provided over 7,000 overnight stays for families with children receiving medical care in Massachusetts. Learn more about McDonald’s impact on local communities in Massachusetts and nationally by visiting https://www.mcdeconomicimpact.com/state-impacts/ma.

 
HEARD ‘ROUND THE BUBBLAH

TRANSITIONS — Emily Rapp is the Edward M. Kennedy Institute’s new director of democracy programs.

HAPPY BIRTHDAY — to Ali Dukakis, former Gov. Deval Patrick photog Eric Haynes, former Boston city councilor Tim McCarthy, Kerry Akashian, Alexa Kissinger and Patricia LeBoeuf.

Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.

 

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