BOSTON, June 27 (Reuters) - Uber Technologies ( UBER )
and Lyft ( LYFT ) on Thursday agreed to adopt a $32.50 hourly
minimum pay standard for Massachusetts drivers and pay $175
million to settle a lawsuit by the state's attorney general
alleging they improperly treated drivers as independent
contractors who can legally receive lower compensation than
employees.
The companies also agreed to give drivers paid sick leave,
accident insurance, and healthcare stipends and to stop funding
or supporting a ballot initiative that would have asked voters
in November to cement app-based drivers' status as contractors,
Attorney General Andrea Joy Campbell said.
Uber ( UBER ) and Lyft ( LYFT ) in separate statements said the agreement
reflected the desire of most drivers to work on their own terms
while receiving many of the key benefits that are legally
guaranteed to employees.
"In taking this opportunity, we've resolved historical
liabilities by constructing a new operating model that balances
both flexibility and benefits," said Tony West, Uber's ( UBER ) chief
legal officer.
The agreement requires Uber ( UBER ) to pay $148 million and Lyft ( LYFT ) to
pay $27 million to the state. At least $140 million will be paid
out to drivers, according to a court filing.
Campbell, a Democrat, made the announcement hours after
Massachusetts' top court cleared the way for voters to decide
whether to approve the industry-backed ballot measure, along
with a dueling labor-backed proposal to allow drivers to
unionize that will continue to move forward.
It was also the eve of closing arguments in a non-jury trial
in a lawsuit filed in 2020 by Campbell's predecessor,
now-Governor Maura Healey, over the status of drivers whose
services have helped fuel the U.S. gig worker economy.
Campbell had been asking a judge to conclude that the
state's 55,000 Uber ( UBER ) drivers and 35,000 Lyft ( LYFT ) drivers are
employees under state law and therefore entitled to benefits
such as a minimum wage, overtime and earned sick time.
Studies have shown that using contractors can cost companies
as much as 30% less than employees.
"For years, these companies have underpaid their drivers and
denied them basic benefits," Cambpell said in a statement.
"Today's agreement holds Uber ( UBER ) and Lyft ( LYFT ) accountable."
The settlement provides for greater benefits and pay for
Uber ( UBER ) and Lyft ( LYFT ) drivers than provided under a similar settlement
in November with New York state and under legislation signed
into law in May in Minnesota.
Uber ( UBER ) and Lyft ( LYFT ) in defending themselves at trial had argued
that Campbell's office misunderstood their business models and
that they could be forced to cut or end service in Massachusetts
if their drivers were deemed employees.
They along with DoorDash ( DASH ) and Instacart had
financially supported Flexibility and Benefits for Massachusetts
Drivers, the ballot measure committee behind the proposal to ask
voters to deem app-based drivers as contractors.
The proposal had also called for providing drivers benefits
similar to those in the settlement. After its announcement,
Conor Yunits, a spokesperson for the industry-backed campaign,
said the group will no longer be moving forward with the
initiative.
The industry through a $200 million campaign had previously
in 2020 convinced California voters to pass a measure similar to
the one backed by the companies in Massachusetts, solidifying
drivers as independent contractors with some benefits.
Litigation challenging that measure is ongoing.