Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4259 Latest Draft

Bill / Introduced Version Filed 02/01/2024

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HOUSE . . . . . . . . . . . . . . . No. 4259
The Commonwealth of Massachusetts
——————
INITIATIVE PETITION OF CHARLES DEWEY ELLISON, III AND 
OTHERS.
OFFICE OF THE SECRETARY.
BOSTON, JANUARY 10, 2024.
Steven T. James
Clerk of the House of Representatives
State House
Boston, Massachusetts 02133
Sir: — I herewith transmit to you, in accordance with the requirements of Article 
XLVIII of the Amendments to the Constitution an “Initiative Petition for a Law 
Establishing that App-Based Drivers are not Employees, and Network Companies 
are not Employers, for Certain Purposes of the General Laws,” signed by ten 
qualified voters and filed with this department on or before December 6, 2023, 
together with additional signatures of qualified voters in the number of 92,555, 
being a sufficient number to comply with the Provisions of said Article.
Sincerely,
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth.
AN INITIATIVE PETITION.
    Pursuant to Article XLVIII of the Amendments to the Constitution of the 
Commonwealth, 	as amended, the undersigned qualified voters of the 
Commonwealth, ten in number at least, hereby petition for the enactment into law 
of the following measure: 2 of 21
        FILED ON: 1/25/2024
HOUSE . . . . . . . . . . . . . . . No. 4259
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act establishing that app-based drivers are not employees, and network companies are not 
employers, for certain purposes of the General Laws.
Be it enacted by the People, and by their authority, as follows:
1 SECTION 1. Section 148B of chapter 149 of the General Laws is hereby amended by 
2inserting after subsection (e) the following subsection:
3 (f) Notwithstanding subsection (a), for the purpose of this chapter and chapter 151, an 
4app-based driver, as defined in chapter 159AA, shall not be an employee under those chapters.
5 SECTION 2. Section 6 of chapter 151A of the General Laws is hereby amended by 
6inserting after subsection (x) the following subsection:
7 (y) Service performed by an app-based driver, as defined in chapter 159AA.
8 SECTION 3 Subsection (4) of section 1 of chapter 152 of the General Laws is hereby 
9amended by striking out the words "and (g)" and inserting in place thereof the following words:- 
10(g) a person who is an app-based driver, as defined in chapter 159AA, and (h)
11 SECTION 4. The General Laws are hereby amended by inserting after chapter 159Al/2 
12the following chapter: 3 of 21
13 Chapter 159AA
14 Section 1. Title. This chapter shall be known as the "Relationship Between Network 
15Companies and App-Based Drivers Act."
16 Section 2. Purpose. The purpose of this chapter is to define and regulate the relationship 
17between network companies and app-based drivers. The chapter requires network companies to 
18provide app-based drivers with minimum compensation, healthcare stipends, earned paid sick 
19time, and occupational accident insurance that will operate uniformly throughout the 
20commonwealth, while protecting app-based drivers' freedom and flexibility to choose when, how 
21long, how often, and for whom they work.
22 Section 3. App-Based Driver Contractual Requirements. (a) The requirements in this 
23section and sections 5 through 8 of this chapter are incorporated into every contract made, 
24modified, or renewed on or after the effective date of this chapter between an app-based driver 
25and a network company with regard to delivery services or transportation services. Such 
26contracts may contain supplemental terms that are in addition to those required by this chapter.
27 (b)A network company shall not terminate a contract with an app-based driver, 
28except on grounds specified in the contract or as is required by law.
29 (c)A contract between a network company and an app-based driver shall provide 
30app-based drivers whose contracts are terminated by the network company the opportunity to 
31appeal such termination with the network company.
32 (d)A network company shall not, unless based upon a bona fide occupational 
33qualification or public or app-based driver safety need, refuse to contract with or terminate the  4 of 21
34contract of an app-based driver based upon race, color, age, religious creed, national origin, sex, 
35gender identity, genetic information, ancestry, active military personnel, status as a veteran, 
36pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the 
37need to express breast milk for a nursing child, or the handicap of a qualified handicapped person 
38or sexual orientation, which shall not include persons 	whose sexual orientation involves minor 
39children as the sex object.
40 (e)Nothing in this chapter applies to any contract in existence before the effective 
41date of this chapter.
42 Section 4. Definitions. For the purposes of this chapter, the following words shall have 
43the following meanings:
44 "App-based driver", a person who is a DNC courier, a TNC driver, or both, who has a 
45contract with a network company, and for whom the following requirements are met:
46 (a)the network company does not unilaterally prescribe specific dates, times of day, 
47or a minimum number of hours during which the app-based driver must be logged into the 
48network company's online-enabled application or platform;
49 (b)the network company may not terminate the contract of the app-based driver for 
50not accepting a specific transportation service or delivery service request except where refusal 
51constitutes a violation of governing federal, state, or local laws or regulations;
52 (c)the network company does not restrict the app-based driver from performing 
53services through other network companies except while performing services through the network 
54company's online-enabled application or platform; and 5 of 21
55 (d)the network company does not contractually restrict the app-based driver from 
56working in any other lawful occupation or business.
57 "Average ACA contribution", 82 per cent of the dollar amount of the average monthly 
58Health Connector premium.
59 "Average hourly earnings", an app-based driver's earnings during the 365 days 
60immediately prior to the day that earned paid sick time is used, divided by the total hours of 
61engaged time worked by the app-based driver on that network company's online-enabled 
62application or platform during that period.
63 "Average monthly Health Connector premium", the dollar amount published pursuant to 
64subsection (f) of section 6 of this chapter.
65 "Contract", a written agreement, which may be electronic, between an app-based driver 
66and a network company.
67 "Delivery Network Company" or "DNC", a business entity that (a) maintains an online-
68enabled application or platform used to facilitate delivery services within
69 the Commonwealth and (b) maintains a record of the amount of engaged time and 
70engaged miles accumulated by DNC couriers.
71 "Delivery Network Company Courier" or "DNC courier", a person who provides delivery 
72services through a DNC's online-enabled application or platform.
73 "Delivery services", the fulfillment of a delivery request, meaning the pickup from any 
74location in the Commonwealth of any item or items and the delivery of the items using a private 
75passenger motor vehicle, bicycle, electric bicycle, motorized bicycle, scooter, motorized scooter,  6 of 21
76walking, public transportation, or other similar means of transportation, to a location selected by 
77the customer located within 50 miles of the pickup location. A delivery request may include 
78more than I, but not more than 30, distinct orders placed by different customers. Delivery 
79services may include the selection, collection, or purchase of items by a DNC courier, as well as 
80other tasks incident to a delivery. Delivery services do hot include assistance with residential 
81moving services.
82 "Earnings", all amounts, including incentives and bonuses, remitted to an app-based 
83driver by a network company, provided that the amount does not include toll fees, cleaning fees, 
84airport fees, or other customer pass-throughs. Amounts remitted are net of service fees or similar 
85fees charged to the app-based driver by the network company. Amounts remitted do not include 
86tips or gratuities. 
87 "Earnings period", a recurring period of time, set by the network company, not to exceed 
8814 consecutive calendar days.
89 "Engaged miles", all miles traveled during engaged time in a private passenger motor 
90vehicle that is not owned, leased, or rented by the network company, or any of its affiliates. 
91Network companies may exclude miles if doing so is reasonably necessary to remedy or prevent 
92fraudulent use of the network company's online-enabled application or platform.
93 "Engaged time", (a) subject to the conditions set forth in subsection (b) in this definition, 
94the period of time, as recorded in a network company's online-enabled application or platform, 
95from when a app-based driver accepts a request for delivery or transportation services to when 
96the driver fulfills that request. For requests that are scheduled in advance and for which the app- 
97based driver accepts the request but is not immediately en route to fulfill that request, a driver  7 of 21
98shall only be considered engaged on a network company's platform when the app-based driver is 
99en route to fulfill that scheduled request, regardless of when the app-based driver accepted the 
100request.
101 (b) Engaged time shall not include (1) any time spent performing delivery or 
102transportation services after the request has been cancelled by the customer; or (2) any time spent 
103on a request for delivery or transportation services where the app-based driver abandons 
104performance of the service prior to completion. Network companies may also exclude time if 
105doing so is reasonably necessary to remedy or prevent fraudulent use of the network company's 
106online-enabled application or platform.
107 "Health Connector", the Commonwealth Health Insurance Connector Authority 
108established by chapter 58 of the acts of 2006 and section 2 of chapter 176Q of the Massachusetts 
109General Laws.
110 "Minimum wage", the state mandated minimum wage for all industries as provided by 
111section 1 of chapter 151 of the Massachusetts General Laws.
112 "Net earnings", all earnings received by an app-based driver in an earnings period.
113 "Net earnings floor", means the amount determined under subsection (c) of Section 5 of 
114this chapter, against which an app-based driver's net earnings are compared.
115 "Network company", a business entity operating as:
116 (a)a delivery network company;
117 (b)a transportation network company; or 8 of 21
118 (c)both.
119 "Person", shall have the same definition as provided in clause twenty-third of section 7 
120of chapter 4 of the Massachusetts General Laws.
121 "Private passenger motor vehicle," any passenger vehicle which has a vehicle weight 
122rating or curb weight of 6,000 lbs. or less as per manufacturer's description of said vehicle or is a 
123sport utility vehicle, passenger van, or pickup truck.
124 "Qualifying health plan", a health insurance plan in which the app-based driver is the 
125subscriber, that is not paid for in full or in part by any current or former employer, and that is not 
126a Medicare or Medicaid plan.
127 "Quarter", each of the following 4 time periods: (a) January 1 through March 31; (b) 
128April 1 through June 30; (c) July I through September 30; (d) October 1 through December 31.
129 "Transportation network company" or "TNC", has the same meaning as provided in 
130section I of chapter 159Al/2 of the Massachusetts General Laws.
131 "Transportation network company driver" or "TNC driver", a Transportation network 
132driver, as defined in section I of chapter 159Al/2 of the Massachusetts General Laws, that 
133provides transportation services, or a person operating a livery vehicle as defined in 540 CMR 
1342.00 on a TNC's digital network, as defined in section 1 of chapter 159Al/2.
135 "Transportation services", the provision of transportation facilitated by the digital 
136network, as defined in section 1 of chapter 159Al/2 of the Massachusetts General Laws, of a 
137TNC for which the pickup of the passenger occurs in the Commonwealth.
138 Section 5: Guaranteed Earnings Floor. 9 of 21
139 (a)A network company shall ensure that for each earnings period, an app-based 
140driver is compensated at not less than the net earnings floor as set forth in this section. The net 
141earnings floor establishes a guaranteed minimum level of compensation for app-based drivers 
142that cannot be reduced. In no way does the net earnings floor prohibit app-based drivers from 
143earning a higher level of compensation.
144 (b)For each earnings period, a network company shall compare an app-based driver's 
145net earnings against the net earnings floor for that app-based driver during the earnings period. In 
146the event that the app-based driver's net earnings in the earnings period are less than the net 
147earnings floor for that earnings period, the network company shall include an additional sum
148accounting for the difference in the app-based driver's earnings no later than during the next 
149earnings period.
150 (c)For all earnings periods, the net earnings floor shall be the sum of:
151 (i)The product of 120 per cent of the minimum wage and the number of hours of 
152engaged time during that earnings period.
153 (ii)(A) The product of the per-mile compensation for vehicle expenses set forth in 
154this clause and the total number of engaged miles traveled during that earnings period.
155 (B) After the effective date of this chapter and for the 2025 calendar year, the per-mile 
156compensation for vehicle expenses shall be 28 cents per engaged mile. For calendar years after 
1572025, the amount per engaged mile shall be adjusted pursuant to the following subsection (d).
158 (d)For calendar years following 2025, the executive office of labor and workforce 
159development shall adjust the per-mile compensation amount under subsection (c) annually to  10 of 21
160reflect the percentage increase, if any, in the state minimum wage that is set to take effect that 
161calendar year. The executive office of labor and workforce development shall calculate and 
162publish the adjustments required by this subsection no later than November 30 of the year prior 
163to the increase taking effect. The adjusted compensation rates shall take effect on the later of 
164January 1 or the sixty-first day following publication. If the executive office of labor and 
165workforce development does not publish an increase as required by this subsection, no increase 
166in the compensation amounts shall occur.
167 (e)Nothing in this section shall be interpreted to require a network company to 
168provide a particular amount of compensation to an app-based driver for any given transportation 
169or delivery request, as long as the app-based driver's net earnings for each earnings period equals 
170or exceeds that app-based driver's net earnings floor for that earnings period as set forth in 
171subsection (b) of this section.
172 Section 6. Healthcare Stipend.
173 (a)Consistent with the average contributions required under the federal Patient 
174Protection and Affordable Care Act, Pub. L. 111-148 	(March 23, 2010), a network company 
175shall provide a quarterly healthcare stipend to app-based drivers who meet the conditions set 
176forth in this section. An app-based driver that averages the following amounts of engaged time 
177per week on a network company's platform during a quarter that commences on or after January 
1781, 2025 shall receive the following stipends from that network company:
179 (1)For an average of 25 hours or more per week of engaged time in the quarter, a 
180payment greater than or equal to 100 per cent of the average ACA contribution for the applicable 
181average monthly Health Connector premium for each month in the quarter. 11 of 21
182 (2)For an average of at least 15 but less than 25 hours per week of engaged time in 
183the quarter, a payment greater than or equal to 50 per cent of the average ACA contribution for 
184the applicable average monthly Health Connector premium for each month in the quarter.
185 (b)At the end of each earnings period, a network company shall provide to each app-
186based driver the following information:
187 (1)The total number of hours of engaged time the app-based driver recorded in the 
188network company's online-enabled application or platform during that earnings period.
189 (2)The number of hours of engaged time the app-based driver has recorded in the 
190network company's online-enabled application or platform during the current quarter up.to that 
191point.
192 (c)The Health Connector may adopt or amend regulations as it deems appropriate to 
193implement this section, including to permit app-based drivers receiving stipends pursuant to this 
194section to enroll in health plans offered through the Health Connector.
195 (d)(l) As a condition of providing the healthcare stipend set forth in subsection (a), a 
196network company may require an app-based driver to submit proof of current enrollment in a 
197qualifying health plan as of the last day of the quarter for which the stipend would be provided. 
198Proof of current enrollment may include, but is not limited to, health insurance membership or 
199identification cards, evidence of coverage and disclosure forms from the health plan, or claim 
200forms and other documents necessary to submit claims.
201 (2)An app-based driver shall have not less than 15 calendar days from the end of the 
202quarter to provide proof of enrollment as set forth in paragraph (I) of this subsection. 12 of 21
203 (3)A network company shall provide a healthcare stipend due for a quarter under 
204subsection (a) within I 5 days of the end of the quarter or within 15 days of the app-based driver's 
205submission of proof of enrollment as set forth in paragraph (1) of this subsection, whichever is 
206later.
207 (e)Nothing in this section shall be interpreted to prevent an app-based driver from 
208receiving a healthcare stipend from more than one network company for the same quarter.
209 (f)(l) On or before 14 days following the effective date of this section, and on or before 
210each September 1 thereafter, the Health Connector shall publish the average statewide monthly 
211premium paid, or anticipated to be paid, by an individual for the following calendar year for a 
212Health Connector bronze tier health insurance plan, or any future successor equivalent plan.
213 (2) When computing the average as required by paragraph (1) of this subsection, the 
214Health Connector shall divide the total monthly premium paid, or anticipated to be paid, by all 
215enrollees in an individual Health Connector bronze tier health insurance plan, or any future 
216successor equivalent plan, by the total number of individuals in the commonwealth who are 
217enrolled in, or anticipated to be enrolled in, such plans.
218 (g) This section shall become inoperative in the event that the United States or the 
219commonwealth implements a single-payer universal healthcare system or substantially similar 
220system that expands coverage to the recipients of stipends under this section.
221 Section 7. Paid Sick Time. Network companies shall provide app-based drivers with 
222earned paid sick time as set forth in this section. 13 of 21
223 (a)"Earned paid sick time", is the time provided by a network company to an app-
224based driver as calculated under subsection (c) of this section. For each hour of earned paid sick 
225time used by an app-based driver, the network company shall compensate the app-based driver at 
226a rate equal to the greater of the following:
227 (I) The app-based driver's average hourly earnings, as defined in section 4 of this chapter; 
228or
229 (2) 120 per cent of the minimum wage.
230 (b)An app-based driver shall only use earned paid sick time for the same reasons set 
231forth for employees in paragraph (I) through paragraph (4) of subsection (c) of section 148C of 
232chapter 149 of the Massachusetts General Laws.
233 (c)A network company shall provide a minimum of one hour of earned paid sick 
234time for every 30 hours of engaged time recorded on or after the effective date of this section by 
235an app-based driver in the network company's online-enabled application or platform. App-based 
236drivers shall be entitled to first use accrued earned paid sick time upon recording 90 hours of 
237engaged time on the network company's online-enabled application or platform. From that day 
238forward, an app- based driver may use earned sick time as it accrues. A contract between a 
239network company and an app-based driver may require the app-based driver to use earned paid 
240sick time in increments of up to 4 hours.
241 (d)App-based drivers may carry over up to 40 hours of unused earned paid sick time 
242to the next calendar year, but are not entitled to use more than 40 hours in one calendar year. 
243Network companies shall not be required to pay out unused earned paid sick time. If an app-
244based driver does not record any engaged time in a network company's online-enabled  14 of 21
245application or platform for 365 or more consecutive days or the app-based driver's contract with 
246a network company is terminated, any unused earned paid sick time accrued up to that point with 
247that network company shall no longer be valid or recognized.
248 (e)A network company may require certification when an app-based driver makes a 
249request to use more than 24 hours of earned paid sick time in a 72-hour period or when 
250reasonably necessary to prevent fraud. Any reasonable documentation signed by a health care 
251provider indicating the need for earned paid sick time taken shall be deemed acceptable 
252certification for absences. Nothing in this section shall be construed to require an app-based 
253driver to provide as certification any information from a health care provider that would be in 
254violation of federal law.
255 Section 8. Occupational Accident Insurance.
256 (a)For the purposes of this section, the following words shall have the following 
257meanings:-
258 (1) "Average weekly earnings", the app-based driver's total earnings from all network 
259companies during the 28 days prior to the accident divided by four.
260 (2)"Online", the time when an app-based driver is utilizing a network company's 
261online- enabled application or platform and can receive requests for transportation services or 
262delivery services from the network company or during engaged time.
263 (3)"Maximum weekly compensation rate", has the same meaning as provided in 
264section 1 of chapter 152 of the Massachusetts General Laws. 15 of 21
265 (4)"Minimum weekly compensation rate", has the same meaning as provided in 
266section 1 of chapter 152 of the Massachusetts General Laws.
267 (b)Each network company, within 240 days of the effective date of this chapter, shall 
268purchase occupational accident insurance, as described in this section, for all app-based drivers 
269who provide transportation or delivery services through the network company's online-enabled 
270application or platform.
271 (c)Each network company shall file with the division of insurance, no later than 30 
272days after the commencement of a new policy year, a copy of the policy it has purchased for 
273DNC couriers and TNC drivers, respectively. The division of insurance shall be treated by the 
274insurer as a certificate holder for purposes of receiving notice of cancellation of the policy.
275 (d)The occupational accident insurance policy required under subsection (b) shall 
276cover medical expenses and lost income resulting from injuries suffered while the app-based 
277driver is online with a network company's online-enabled application or platform. Policies shall 
278at a minimum include a total combined single limit of $1,000,000 per accident and provide for 
279payment of benefits to a covered individual as follows:
280 (1)Coverage for medical expenses incurred, up to at least $1,000,000 and for up to 
281156 weeks following the injury;
282 (2)Continuous total disability payments, temporary total disability payments, and 
283partial disability payments for injuries that occur while the app-based driver is online equal to 66 
284per cent of the app-based driver's average weekly earnings as of the date of injury but not more 
285than the maximum weekly compensation rate, unless the average weekly earnings of the app-
286based driver is less than the minimum weekly compensation rate, in which case the weekly  16 of 21
287compensation shall be equal to the app-based driver's average weekly earnings. Payments under 
288this paragraph shall be made for up to the first 156 weeks following the injury;
289 (3)For the benefit of spouses, children, or other dependents of app-based drivers, 
290accidental death insurance in the amount equal to 66 per cent of the app-based driver's average 
291weekly earnings as of the date of injury but not more than the maximum weekly compensation 
292rate, unless the average weekly earnings of the app-based driver is less than the minimum weekly 
293compensation rate, in which case the weekly compensation shall be equal to the app-based 
294driver's average weekly earnings, times 156 weeks for injuries suffered by an app-based driver 
295while the app-based driver is online with the network company's online-enabled application or 
296platform that result in death; and
297 (4)When injuries suffered by an app-based driver while the app-based driver is 
298online result in death, an amount to pay for reasonable burial expenses not to exceed eight times 
299the maximum weekly compensation rate.
300 (e)Occupational accident insurance under subsection (d) of this section shall not be 
301required to cover an accident that occurs while online but outside of engaged time where the 
302injured app- based driver is in engaged time on one or more other network company platforms or 
303where the app-based driver is engaged in personal activities. If an accident is covered by 
304occupational accident insurance maintained by more than one network company, the insurer of 
305the network company against whom a claim is filed is entitled to contribution for the pro-rata 
306share of coverage attributable to one or more other network companies up to the coverages and 
307limits in subsection (d). 17 of 21
308 (f) Any benefits provided t an app-based driver under this section shall be 
309considered amounts payable under an app-based driver's compensation law or disability benefit 
310for the purpose of determining amounts payable under any insurance provided under section 
311113L of chapter 175 of the Massachusetts General Laws or for personal injury protection, as 
312defined in section 34A of chapter 90 of the Massachusetts General Laws.
313 SECTION 5
314 This act shall take effect on the later of January 1, 2025, or as provided in Article 48 of 
315the Amendments to the Massachusetts Constitution, as amended. 18 of 21
FIRST TEN SIGNERS
NAMERESIDENCECITY OR T OWNCharles Dewey Ellison, III195 West Canton Street, # 2BostonAbigail Kennedy Horrigan114 Eastern Avenue WoburnBrian Gitschier58 East Springfield Street, # 2BostonDaniel A. Svirsky248 School StreetWatertownSean A. Rogers9 Atkins Street, # 1BostonCaitlin Donovan16 Fox Run RoadDoverBrendan M. Joyce79 Breakneck RoadSturbridgeTroy B. McHenry402 Ashmont Street, # 1BostonKimberly Ann Ahern15 Pond StreetBostonChristina M. Ellis-Hibbett563 Ashmont StreetBoston 19 of 21
CERTIFICATE OF THE ATTORNEY GENERAL.
September 6, 2023
Honorable William Francis Galvin 
Secretary of the Commonwealth 
One Ashburton Place, Room 1705 
Boston, Massachusetts 02108
Re: Initiative Petition No. 23-31: Initiative Petition for A Law Establishing that 
App-Based Drivers are not Employees, and Network Companies are not 
Employers, for Certain Purposes of the General Laws – Version H
Dear Secretary Galvin:
In accordance with the provisions of Article 48 of the Amendments to the 
Massachusetts Constitution, I have reviewed the above-referenced initiative 
petition, which was submitted to me on or before the first Wednesday of August 
of this year.
I hereby certify that this measure is in proper form for submission to the people; 
that the measure is not, either affirmatively or negatively, substantially the same 
as any measure which has been qualified for submission or submitted to the 
people at either of the two preceding biennial state elections; and that it contains 
only subjects that are related or are mutually dependent and which are not 
excluded from the initiative process pursuant to Article 48, the Initiative, Part 2, 
Section 2.
In accordance with Article 48, I enclose a fair, concise summary of the measure.
Sincerely,
ANDREA JOY CAMPBELL,
Attorney General.
Enclosure 20 of 21
Summary of 23-31.
This proposed law would specify that rideshare and delivery drivers who accept requests 
through an online-enabled application are not “employees” for purposes of certain Massachusetts 
laws regarding workplace conditions, minimum wages, unemployment insurance, and workers’ 
compensation. This proposed law would also specify that rideshare and delivery companies are 
not “employers” for purposes of those laws. This proposed law would also specify alternative 
minimum compensation and benefits for rideshare and delivery drivers.
The proposed law would apply to drivers for rideshare and delivery companies who use 
digital applications and who are (1) not required to work specific days or hours; (2) not required 
to accept specific requests; (3) not restricted from working with multiple rideshare or delivery 
companies; and (4) not restricted from working in any other lawful occupation or business.
The proposed law would require rideshare and delivery companies to provide drivers with 
a guaranteed amount of minimum compensation, equal to 120 percent of the Massachusetts 
minimum wage, for time spent completing requests for transportation or delivery, plus a per-mile 
amount for each mile driven in a privately-owned vehicle while completing a request. The per-
mile amount would start at 28 cents and be adjusted yearly to increase by any percentage increase 
made to the Massachusetts minimum wage. The minimum compensation calculation would 
exclude time spent by a driver between completing one request and accepting another request. A 
driver whose earnings, not including tips and gratuities, fall below the minimum compensation 
amount would be paid the difference to be brought up to the minimum compensation amount.
The proposed law would require rideshare and delivery companies to provide some drivers 
with a healthcare stipend. Drivers who average 25 hours or more per week completing requests for  21 of 21
transportation or delivery services with a company would receive a full stipend for an average 
individual plan offered through the Health Connector, and drivers who average between 15 and 25 
hours per week completing requests for transportation or delivery services with a company would 
receive a 50 percent stipend.
The proposed law would require rideshare and delivery companies to provide drivers with 
a minimum of one hour of paid sick time for every 30 hours spent completing requests for 
transportation or delivery services with that company. 
The proposed law would require rideshare and delivery companies to purchase accident 
insurance to provide some disability and medical benefits for drivers who are injured or killed 
while online with the company’s application or platform.
The proposed law would prohibit rideshare and delivery companies from terminating the 
contract of a driver, or refusing to contract with a driver, based on race, sex, sexual orientation, or 
other protected characteristics unless based upon a bona fide occupational qualification or a safety 
need. Companies would be required to provide a driver who is terminated with an opportunity to 
appeal the termination with the network company.
The proposed law would take effect on January 1, 2025.