Massachusetts House Bill H961

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Establishing portable benefit accounts for app-based-delivery drivers

Impact

The passage of H961 would lead to significant amendments in the General Laws of Massachusetts, particularly concerning the treatment of app-based delivery drivers. The bill mandates that delivery network companies contribute a percentage of earnings to portable benefit accounts for their drivers. This means that these drivers would have access to supplementary financial resources, which could be tapped into when facing income loss due to various permitted circumstances—like illness or emergencies. The legislation also requires these companies to obtain occupational accident insurance and provide adequate automobile insurance coverage, ensuring a safety net for drivers during their work activities.

Summary

House Bill H961 seeks to establish portable benefit accounts specifically for app-based delivery drivers in Massachusetts. This legislation acknowledges that these drivers, classified as independent contractors, play a critical role in providing services to their communities. The bill aims to integrate a system where benefits such as income replacement and health coverage can be accessed by delivery workers through multiple platforms, enhancing their financial security and welfare as they are often not entitled to traditional employee benefits.

Contention

Despite its favorable intentions towards worker protections, H961 is not without contention. The legislation may spark debates around the implications for independent contractor status and the level of control that delivery network companies exert over drivers. Concerns have been raised by some stakeholders regarding the potential financial burden on businesses and the administrative complexity of managing multiple benefit accounts. Furthermore, the preemption clause that disallows municipalities from enforcing their own regulations regarding these drivers could lead to local resistance, especially in areas with existing labor standards for gig economy workers.