City of Somerville header
File #: 24-0667    Version: 1
Type: Resolution Status: Approved
File created: 5/6/2024 In control: City Council
On agenda: 5/9/2024 Final action: 5/9/2024
Enactment date: 5/9/2024 Enactment #: 217042
Title: In Support of An Act Establishing Protections and Accountability for Transportation Network Companies (TNC) and Delivery Network Companies (DNC) Workers.
Sponsors: Ben Ewen-Campen, Jesse Clingan, Willie Burnley Jr., Lance L. Davis, Wilfred N. Mbah, Matthew McLaughlin, Judy Pineda Neufeld, Naima Sait, Kristen Strezo, Jake Wilson
Indexes: City Clerk
Attachments: 1. Resolution - TNC DNC
Agenda Summary
title
In Support of An Act Establishing Protections and Accountability for Transportation Network Companies (TNC) and Delivery Network Companies (DNC) Workers.

body
Official Text
Resolution: In Support of An Act Establishing Protections and Accountability for TNC and DNC Workers

WHEREAS: Transportation Network Companies (TNCs) such as Uber and Lyft, and Delivery Network Companies (DNCs) such as Doordash and Instacart, currently misclassify their drivers as independent contractors; and

WHEREAS: The drivers for TNCs and DNC’s drivers are in fact employees of these app-based companies; and

WHEREAS: In July of 2020, the Massachusetts Attorney General filed a lawsuit against Uber and Lyft regarding issues of wage theft and misclassification because such drivers are employees; and

WHEREAS: All other employers fund social programs such as unemployment, workers’ compensation and the paid family medical leave; and

WHEREAS: In April 2024, the Massachusetts State Auditor’s office performed a financial assessment of TNCs over a period of 10 years, which found that $105.2M was lost in workers compensation ; $125M was lost in unemployment insurance ; and $36.3M was lost in Paid and Family Medical Leave ; totalling over $266M owed to the Massachusetts benefit programs from the period of 2013 to 2023; and

WHEREAS: Uber and Lyft earned $1.4B in 2023 alone yet due to this misclassification of drivers contributed nothing to Massachusetts benefit programs; owing the Commonwealth $47M; and

WHEREAS: Existing, well tested laws exist that can regulate TNCs and DNCs and protect consumers; and

WHEREAS: S.627/H.1158 “An Act Establishing Protections and Accountability for TNC and DNC Workers” combines those laws and prevents price gouging, requires panic buttons for both driver and passenger, and provides a pathway to unionization, all while maintaining employee status; and

WHEREAS: S.627/H.1158 also allows local control and flexibility with regards to the...

Click here for full text