Statement in response to certification of Uber/Big Tech Proposition 22-copycat ballot measure

Statement in response to certification of racially discriminatory, anti-worker, anti-consumer Proposition 22-copycat ballot question

Advocates, drivers, and delivery workers pledge to fight Uber/Big Tech’s $100 million campaign to deliberately mislead voters, shield companies from liability, and continue exploitation of growing, app-based workforce

BOSTON, MA – In response to the decision by the Massachusetts Attorney General’s Office to certify Uber/Big Tech’s Proposition 22-copycat ballot measure, the Coalition to Protect Workers’ Rights released the following statement:

“The Uber/Big Tech ballot measures cheats workers, shields these massive companies from liability to customers, and makes Massachusetts taxpayers pick up the tab,” said Mike Firestone, Director of the Coalition. “Massachusetts voters and app-based workers just want these multi-billion dollar companies to pay their taxes and follow the law. We believe their California copycat bill is unconstitutional and will carefully consider our litigation options to stop this $100 million assault on economic, consumer, and civil rights.”

Background:

The ballot language filed by Big Tech giants Uber, Lyft, DoorDash, and Instacart would permanently create a “second class” status for drivers, delivery workers, and other “app-based” workers in Massachusetts, more than 70 percent of whom are Black, Brown and immigrant workers. The ballot language would allow tech giants to pay workers less than minimum wage, make no contributions to unemployment or Social Security, and remove app-based workers from legal protections against workplace injuries, sexual harassment, and discrimination. According to national consumer experts, the language also includes a hidden “liability shield,” designed to exempt gig companies from liability to customers and members of the public for car accidents, injuries, and assaults.

The Coalition to Protect Workers’ Rights, a growing alliance of drivers, delivery workers and organizations, including the NAACP New England Area Conference, the Union of Minority Neighborhoods, the Massachusetts Immigrant and Refugee Advocacy Coalition, and other groups pledged to oppose the expected $100 million campaign funded by Uber and other tech giants, calling out the measure as exploitative, racially discriminatory and deceptive. Last year, in California, the gig companies spent more than $220 million on a nearly identical ballot measure, Proposition 22. Earlier this month, a California court struck down Proposition 22 as unconstitutional.

According to the Coalition, some of the most troubling aspects of the Big Tech ballot language include:

Extensive loopholes create a sub-minimum wage for app-based workers: Far from what Big Tech falsely promises, labor economists found that nearly identical Uber ballot measure in California guaranteed just $5.64 per hour after loopholes.
Removes antidiscrimination protections for app-based workers. Ballot measure exempts Big Tech companies from the robust protections of Massachusetts Civil Rights Act, MGL c. 151B, and removes state agency enforcement for app-based workers.
Less than 10% of app-based workers would qualify for the healthcare stipend. For the few workers that qualify, the benefit is about $68 per month, less than 20% of the cost of a Bronze level family plan.
Ballot eliminates 113 year-old Workers’ Compensation rules for Big Tech backers. Injured drivers and delivery workers denied protections in the fine-print.
Companies can continue arbitrary, unfair, discriminatory deactivations. No process outlined to earn reinstatement.
Allows companies to cheat state unemployment system of hundreds of millions. While New Jersey seeks to recoup millions from gig giants, ballot measure allow gig giants to free-ride on a system paid for by law-abiding Massachusettts businesses.
No Social Security contributions from Uber/Big Tech. Gig giants seek special exemption from paying into Social Security. Workers denied basic dignity in retirement.
Perpetuates “false choice” on flexibility. While Big Tech expands flexibility for favored, high-status employees, the ballot measure falsely claims that drivers can only maintain scheduling flexibility by surrendering all other worker rights.

“Big Tech companies exploit vulnerable workers and undermine efforts to build wealth and opportunity in Black and Brown communities,” said Mimi Ramos, Executive Director at New England United 4 Justice and a leader in the Coalition. “This ballot measure undermines progress on racial justice and sets back the clock on civil rights. Not gonna happen on our watch.”

“Big Tech should follow the same laws as everyone else, pay their taxes, contribute to Social Security, and treat their workers with basic fairness,” said Steven Tolman, President of the Massachusetts AFL-CIO and Chair of the Coalition Board. “Massachusetts voters know these companies aren’t spending $220 million to help low-wage workers. They’re doing it to help themselves.”

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About the Coalition: Twitter: @noprop22ma | FB: @NoProp22MA | www.noprop22ma.com

The Coalition to Protect Workers’ Rights is a broad alliance of workers, civil rights, immigrant, faith, labor, community organizing, racial and environmental justice groups who believe that all workers in Massachusetts should be able to earn a decent wage, take care of their health, and protect against harassment and discrimination on the job. We oppose the $100M+ campaign by Big Tech companies to undermine our law, as they recently did in California through Proposition 22, to exclude workers from basic rights and exempt themselves from liability to customers and the obligations of every other employer.