AD: We are suing @Uber and @Lyft for misclassifying their drivers.
Billion-dollar companies can’t choose which laws they follow. Tune in to our live press conference at 11 AM here: https://t.co/ONVUH6HNBr pic.twitter.com/Xlm7tv82Yn
– Maura Healey (@MassAGO) July 14, 2020
Healey’s office argues that the companies do not meet a three-part test under state law that would allow them to classify drivers as independent contractors. They would have to demonstrate that “the worker is free from his direction and control; the services performed by the worker are outside the normal course of their business; and the worker routinely engages in an established trade, occupation, or business regardless of the same nature as the service performed for the party. “The GA office states that neither of these is the case for Uber and Lyft.
Despite various efforts to force companies to classify drivers as employees, Uber and Lyft have long championed their practice of treating them as independent contractors. Both have suggested that drivers prefer to set their own hours and be free to work for various transportation services and work in carriages. However, many drivers have complained about low wages and the lack of protections and benefits. The AG office has asked drivers to evaluate companies through a complaint form.
“At a time when the Massachusetts economy is in crisis with a record 16 percent unemployment rate, we need to make it easier, not harder, for people to start earning income quickly,” said an Uber spokesman. The edge. “We will discuss this action in court, as it runs counter to what the vast majority of drivers want: to work independently. We are ready to work with the state to modernize our laws so that freelancers receive new protections while maintaining the flexibility they prefer. ”
“This lawsuit threatens to cut jobs for more than 50,000 people in Massachusetts at the worst possible time,” a Lyft spokesperson told the publication. “Drivers don’t want this: 89 percent of Massachusetts Lyft drivers drive less than 20 hours a week and choose to share the ride precisely because of the independence it gives them to earn money in their spare time.” Across the country, drivers have said they want to remain independent contractors on employment by a margin of 4 to 1 “.
