• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Contact Us
  • Post A Job

Agency Checklists

Massachusetts Insurance News & Job Opportunities

  • AC Interviews
  • Agency M&A
  • Career News
  • CAR News
  • DOI News
  • Coverage Cases
  • Innovation
  • InsurOp-Eds
  • AC Podcast
You are here: Home / Legislative & Economic News / Analysis: App-Based Drivers in “Limbo” Amid Ballot Question Fight

Analysis: App-Based Drivers in “Limbo” Amid Ballot Question Fight

April 21, 2022 by State House News Service

Ridesharing lawsuit Massachusetts

“Unusual” Debate Partly Fueled By AG’s Lawsuit


APRIL 20, 2022…..A proposed ballot question that hinges on the status and benefits of drivers for app-based services is an “unusual” one and just one part of a bigger challenge around the gig economy and its workers, according to a new analysis.

A report from the Center for State Policy Analysis at Tufts University explores the measure at the center of a contentious and expensive ballot campaign, but does not take a position on it, instead urging voters and lawmakers to “consider all angles and options in order to find the best solution.”

The ballot question, backed and funded by Uber, Lyft, Instacart and DoorDash, would establish in state law that drivers working for such platforms are independent contractors, while also setting a wage floor for the time drivers are actively engaged with a customer and giving them access to benefits like paid family and medical leave and accrued sick time.

Those four companies all classify their drivers as contractors. Attorney General Maura Healey is suing Uber and Lyft, alleging they are violating the state’s wage and hour laws by categorizing their drivers as contractors rather than employees.

“This ballot question is unusual because it lacks a definitive ‘keep the status quo’ option,” the cSPA analysis said. “A ‘yes’ vote introduces a new framework for gig drivers; a ‘no’ vote is effectively a bet on the ongoing lawsuit.”

Whatever voters decide, the report said, the ballot question will not fully resolve the question of how to treat a “growing cohort” of gig workers, with app-based services now available in a host of fields — Rover for dog-walking, TaskRabbit for handymen, Tidy for house-cleaning and Talkspace for therapy — while the U.S. system of worker protection and benefits “largely addresses traditional employee-employer relationships” where a person is hired to work for a single company with certain hour and pay expectations.

Currently, gig drivers exist in “a kind of third-way limbo,” with the flexibility to set their own schedules but without “the entrepreneurial potential of real independent contractors and the robust protections afforded to employees,” according to the report, written by cSPA executive director Evan Horowitz with lead researcher Caitlin Gorback, a postdoctoral fellow with the National Bureau of Economic Research.

Lawmakers, some of whom expressed skepticism when the driver-status measure came before the Financial Services Committee last month, have until May 3 to act on initiative petitions before proponents go back into the field to collect the remaining 13,374 voter signatures required to qualify for the November ballot. If they choose not to act before that deadline, a legislative compromise could still be reached before signatures must be turned in to Secretary of State William Galvin by July 6, to stop a question from appearing on the ballot.

The cSPA report lays out options for lawmakers to consider if they want to intervene, including the possibility of the state overseeing a centralized benefit system for gig workers, building on a Rep. Mark Cusack bill (H 1234) — which the industry-funded coalition supports — before the Financial Services Committee.

It also points to the idea of tweaking some elements of the ballot question, such as providing a higher pay floor “to better reflect the amount of uncompensated time that drivers spend waiting for their next gig” or adjusting the threshold for health care stipends “to reflect the fact that drivers work across platforms.”

“The Legislature’s authority on this issue never expires, so in theory it could intercede next year or the year after,” the report said. “But with the lawsuit advancing and the ballot question approaching, the time seems ripe for a thoughtful solution.”

Primary Sidebar

  • NEW! BOSTON: Product Management Analyst (Safety)
  • NEW! DEDHAM: Senior Commercial Lines Underwriter (N&D)
  • WOBURN: Director of Finance – Insurance Services (Salem Five)
  • SOUTHBOROUGH: Agency Development Representative (HMIC)
  • YARMOUTH: Employee Benefits Producer – Division Manager (Pioneer Insurance Partners)

Career News

Lou Garcia, president and CEO of InsurBanc

Lou Garcia joins InsurBanc as President and CEO

Jared Stuckey, vice president of customer service and underwriting at Plymouth Rock Home Assurance

Plymouth Rock Home Assurance Names Jared Stuckey VP of Customer Service and Underwriting 

Morris “Mo” Tooker of The Hartford

Morris “Mo” Tooker to Succeed Christopher Swift as The Hartford CEO in 2027

View All

Interviews

From Nuptials, Tickets, and Taxes to Trusted Advisor: One Agency’s Unique Path to P&C Success

A Conversation with Evan Silverio, President & CEO of Silverio Insurance Group

Deland, Gibson Celebrates 125 Years: A Conversation with CEO Chip Gibson

The Fourth-Generation Family-Owned Agency is Based in Wellesley

Talking with Richard Welch: Growth and Innovation at Hospitality Mutual | Agency Checklists

Talking with Richard Welch: Growth and Innovation at Hospitality Mutual

Mr. Welch is CEO of Massachusetts-based Hospitality Insurance Group

Born and Bred in the Bay State: The Special Agent Story

Our Latest Agency Interview is with the Founder & President of Special Agent

A Conversation with Daniel C. Bridge – The 2023 Insurance Professional of the Year

Daniel Bridge is Board Chair, President, and CEO of Vermont Mutual Insurance Group

Making The Leap From Corporate to Entrepreneur: Nadeen Vella On Building NaVella Insurance From Scratch

Making The Leap From Corporate to Entrepreneur: Nadeen Vella On Building NaVella Insurance From Scratch

Our latest Agency Interview is with Nadeen Vella, the founder and owner of a virtual scratch independent agency.

View All

MA Division of Insurance Announcements

In Memoriam

In Memoriam: Richard Sias, 1946-2026

In Memoriam: Stephen Joel Paris, 1938-2026

Jean E. Petersen worked more than 30 years at Kirby Insurance Agency in Whitman, Massachusetts.

In Memoriam: Jean E. Petersen, 1939-2026

InsurOp-Eds

Agency Checklists, MA Insurance News, Mass. Insurance News, Safeco, Victor Pepin, how to become a Safeco agent in Massachusetts?

InsurOp-Ed – How to Guarantee a Bright Future for Your Independent Agency

By AC Editor

InsurOp-Ed: Transitioning to The Gallagher Way

By Tim Lodge

InSurOp-Ed: Am I Legally Liable?

InSurOp-Ed: Am I Legally Liable?

By Bill Wilson

What is the Best Insurance Sales Channel, Direct or Agent-Assisted?

By Bill Wilson

View All

Footer

Contact us

We offer a variety of ways to get help promote your company or product.

Announcements
Email Sponsorships
Partnerships
Custom Collaborations

*Affiliate Disclosure

Please note that any of Agency Checklists’ articles might contain one or more affiliate links. This means that any subsequent purchase resulting from these links may result in a commission for us, but at no additional cost to you. For example, as an Amazon Associate, Agency Checklists earns a commission from all qualifying purchases. By working with affiliates we can continue to keep Agency Checklists subscription free. Thank you for your support.

Explore Our Archives

Copyright © 2026 · Agency Checklists · All rights reserved.

Loading Comments...