SENATE DOCKET, NO. 2359 FILED ON: 2/19/2021
SENATE . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
None
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act Establishing A Rideshare Driver Bill Of Rights.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS:
Henry Matthews De Groot 693 Commonwealth Ave Apt 2, Newton, MA
02459
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 SENATE DOCKET, NO. 2359 FILED ON: 2/19/2021
SENATE . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act Establishing A Rideshare Driver Bill Of Rights.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1 of Chapter 159A1/2 of the General Laws, as appearing in the
2 2018 Official Edition, is hereby amended by inserting after the last paragraph:-
3 “Available platform time” means the time a TNC driver is logged in to the driver
4 platform and available to receive a TNC dispatched trip prior to receiving a trip request from a
5 TNC. A TNC driver cannot simultaneously be engaged in available platform time, dispatch
6 platform time, and/or passenger platform time for the same TNC. For trips involving multiple
7 passengers picked up from different passenger pick-up locations, available platform time means
8 the period of time when a TNC driver is logged in to the driver platform prior to receiving the
9 first trip request from a TNC;
10 “Dispatch platform time” means the time a TNC driver spends traveling from dispatch
11 location to passenger pick-up location. Dispatch platform time ends when a passenger cancels a
12 trip, a driver cancels a trip, or the driver begins the trip in the driver platform. A TNC driver
13 cannot simultaneously be engaged in available platform time, dispatch platform time, and/or
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14 passenger platform time for the same TNC. For trips involving multiple passengers picked up
15 from different passenger pick-up locations, dispatch platform time means the time a TNC driver
16 spends travelling from the first dispatch location to the first passenger pick-up location;
17 “Passenger platform time” means the period of time commencing when the TNC driver
18 starts the trip in the driver platform until the time when the TNC driver ends the trip in the driver
19 platform. For trips involving multiple passengers picked up from different passenger pick-up
20 locations, passenger platform time means the period of time commencing when the TNC driver
21 starts the trip in the driver platform after the first passenger enters the TNC driver’s vehicle until
22 the time when the TNC driver ends the trip in the driver platform after the last passenger exits
23 the TNC driver’s vehicle at the end of the trip. A TNC driver cannot simultaneously be engaged
24 in available platform time, dispatch platform time, and/or passenger platform time for the same
25 TNC;
26 “Passenger mileage utilization rate” means the percentage of miles that TNC drivers
27 drive during passenger platform time relative to the total miles TNC drivers drive during
28 available platform time, dispatch platform time, and passenger platform time.
29 “Passenger platform time utilization rate” means the percentage of time that TNC drivers
30 spend during passenger platform time relative to the total of the time TNC drivers spend during
31 available platform time, dispatch platform time, and passenger platform time.
32 “Per minute rate” means the per minute equivalent of the living wage necessary for two
33 working adults to support a family with two children in the Boston-Cambridge-Newton area as
34 calculated by the Massachusetts Institute of Technology Living Wage Calculator.
35
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36 This wage has been calculated at a rate of twenty dollars and forty one cents an hour,
37 making the per minute rate equal to thirty four cents.
38 “Per mile rate” means the per mile equivalent of the reasonable expenses necessary for a
39 TNC driver to provide TNC services;
40 “Extra large ride” means a ride that requires a vehicle with a passenger or storage
41 capacity greater than four seats in addition to the driver.
42 “Reasonable expenses” means (1) the per mile cost of operating a vehicle for purposes of
43 providing TNC services and (2) the non-mileage expenses incurred by TNC drivers to provide
44 TNC services. Reasonable expenses may include, but are not limited to:
45 1. Vehicle acquisition and financing costs;
46 2. Depreciation;
47 3. Lease payments;
48 4. Maintenance and repairs;
49 5. Vehicle cleaning;
50 6. Tires;
51 7. Gasoline (including all taxes thereon);
52 8. Oil;
53 9. Vehicle insurance;
54 10. License and vehicle registration fees;
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55 11. Cell phone and cell phone service plans;
56 12. Cost of medical, dental, and vision insurance;
57 13. The amount of employer-side payroll taxes that TNC drivers must pay;
58 14. The amount of business taxes that TNC drivers must pay;
59 15. Business license fees that TNC drivers must pay;
60 16. Rest breaks; and
61 17. Any other cost or information the Department of Labor Standards determines is
62 necessary to further the purposes of section 13(a);
63 “Rate of inflation” means 100 percent of the annual average growth rate of the
64 bi-monthly Boston-Cambridge-Newton Area Consumer Price Index for Urban Wage
65 Earners and Clerical Workers, termed CPI-W, for the 12-month period ending in August,
66 provided that the percentage increase shall not be less than zero;
67 "Compensation" means payment owed to a TNC driver by reason of providing TNC
68 services.
69 "Days" means calendar days.
70 "Deactivation" means the blocking of a TNC driver's access to the driver platform,
71 changing a TNC driver's status from eligible to provide TNC services to ineligible, or other
72 material restriction in access to the driver platform that is effected by a TNC.
73
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74 "Aggrieved party" means the TNC driver or other person who suffers tangible or
75 intangible harm due to the TNC's violation of section 15.
76 "Driver Resolution Center" means a non-profit organization registered with the
77 Massachusetts Secretary of State that contracts with the Agency to provide culturally competent
78 TNC driver representation services, outreach, and education; that is affiliated with an
79 organization with experience advocating for the civil and economic rights of drivers, contractors,
80 and workers from disadvantaged socioeconomic groups and representing workers in grievance
81 proceedings; and whose administration and/or formation was/is not funded, excessively
82 influenced, or controlled by a TNC. This organization shall have a proven commitment to worker
83 rights and experience in providing resources, programs, and services to TNC drivers, contractors,
84 and workers that allow them to build sustainable economic opportunities while competing in a
85 changing business environment. The Driver Resolution Center should consider contractual
86 partnerships among entities to achieve the direct participation of organizations primarily focused
87 on diversity and advocating for the civil and economic rights of workers from disadvantaged
88 socioeconomic groups.
89 "Representative" means a person who gives advice or guidance and includes, but is not
90 limited to, family members, friends, licensed professionals, attorneys, advocates, and Driver
91 Resolution Center advocates.
92 "Respondent" means the TNC who is alleged or found to have committed a violation of
93 section 15.
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 94 “Food delivery network company'' or “FDNC", a corporation, partnership, sole
95 proprietorship or other entity that uses a digital network to connect customers to drivers to pre-
96 arrange and provide delivery of meals or groceries.
97 ''Food delivery network driver'', a driver certified by a food delivery network company.
98 SECTION 2. Chapter 159A1/2 of the General Laws, as so appearing, is hereby amended
99 by inserting after section 11 the following section:-
100 Section 12: Transportation Network Company Driver Rights
101 Section 12. (a) Transportation Network Company drivers and food delivery network
102 drivers are entitled to the benefits and protections granted to an employee under section 148C of
103 Chapter
104 149. Transportation Network Companies are obligated to the responsibilities of an
105 employer
106
107 under section 148c of chapter 149. For the purpose of interpreting section 148C(d)(1) of
108 Chapter 149, hours worked shall mean passenger platform time divided by passenger platform
109 time utilization rate.
110 (b) Transportation Network Company and food delivery network drivers drivers
111 providing transportation network services or food delivery network services are entitled to the
112 protections afforded to covered individuals in section 2 of chapter 175M.
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113 (c) Transportation Network Company drivers and food delivery network drivers are
114 entitled to compensation for any transportation network services provided in excess of forty
115 hours per week at a rate not less than one- and one-half times the regular per minute rate at
116 which the driver is paid for said services. The per mile rate shall remain the same or greater.
117 Hours worked shall mean passenger platform time divided by passenger platform time utilization
118 rate.
119 (d) Transportation Network Company drivers and food delivery network drivers are
120 entitled to the protections given to employees in chapter 151B.
121 (e). No TNC shall subject a TNC or FDNC driver to unwarranted deactivation, as
122 defined by Department of Labor Standards’ rule. The Department of Labor Standards definition
123 of unwarranted deactivation shall be based on, but not limited to, consideration of the following
124 factors:
125 (1) Drivers shall not be deactivated for unsubstantiated customer complaints.
126 (2) Drivers shall not be deactivated for failing to accept dispatches.
127 (3) Drivers shall not be deactivated on the basis of a passenger or customer rating
128 system that allows for passenger or customer discriminatory practices against a protected class.
129 (f) Subject to driver eligibility standards created by the Department of Labor
130 Standards’ rule, a TNC or FDNC driver shall have a right to challenge all permanent
131 deactivations and temporary deactivations, as defined by the Department of Labor Standards’
132 rule.
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133 (g) The TNC or FDNC driver has the right to elect between representing themselves
134 during any deactivation challenge or being represented by a representative, including an
135 advocate from the Driver Resolution Center. The Driver Resolution Center shall have discretion
136 to determine whether to represent a TNC or FDNC driver, as defined by Department of Labor
137 Standards’ rule.
138 (h) For deactivations not described in section 12(r), the TNC or FDNC shall provide
139 the TNC or FDNC driver with 14 days' notice of the impending deactivation. The notice shall
140 include a written statement of the reasons for and effective date of deactivation and provide
141 notice, in a form and manner designated by the Division, of the TNC or FDNC driver's right to
142 challenge such deactivation under this section. The Division shall create and distribute the notice
143 in English and other languages as provided by rules issued by the Division.
144
145 (i) Upon deactivation, every TNC or FDNC shall furnish to the TNC or FDNC driver
146 a written statement of the reasons for and effective date of deactivation and provide notice, in a
147 form and manner designated by the Division, of the TNC or FDNC driver's right to challenge
148 such deactivation under this section. The Division shall create and distribute the notice in
149 English and other languages as provided by rules issued by the Department.
150 (j). The TNC or FDNC driver and TNC or FDNC may, by mutual agreement, proceed to
151 arbitration through the Deactivation Appeals Panel arbitration ("Panel arbitration") proceeding
152 created by this action instead of proceeding under any applicable arbitration agreement between
153 the TNC or FDNC driver and the TNC or FDNC ("private arbitration agreement"). In the
154 absence of a private arbitration agreement between a TNC or FDNC driver and a TNC or FDNC,
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155 the TNC or FDNC driver shall have an absolute right to challenge the deactivation pursuant to
156 this section, regardless of agreement by the TNC or FDNC.
157 (k) If the TNC or FDNC driver and TNC or FDNC agree to proceed to arbitration
158 through the Deactivation Appeals Panel arbitration proceeding created by this section, the TNC
159 or FDNC driver and/or a representative must provide notice to the TNC or FDNC of intent to
160 challenge the deactivation no later than 60 days after the deactivation.
161 (l) The TNC or FDNC and the TNC or FDNC driver and/or a representative shall
162 attempt to resolve the challenge informally no later than 15 days after the notice of intent to
163 challenge has been provided to the TNC or FDNC, or within a time frame mutually agreed by the
164 parties.
165 (m) If the parties resolve the challenge informally pursuant to section 12(l), they must
166 memorialize that resolution in a written agreement.
167 (n) The TNC or FDNC driver and/or representative must provide notice of intent to
168 arbitrate to the TNC or FDNC no later than 15 days after the notice of intent to challenge has
169 been provided to the TNC or FDNC under this section.
170 (o) If a TNC or FDNC driver demonstrates that a TNC or FDNC failed to engage in
171 the informal appeals process under this section, there shall be a presumption, rebuttable by clear
172 and convincing evidence, before the Deactivation Appeals Panel that the deactivation is
173 unwarranted.
174 (p) The Department shall establish a "Deactivation Appeals Panel" ("Panel") for
175 purposes of hearing TNC or FDNC driver challenges to deactivations. The Agency shall contract
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176 with one or more persons or entities ("neutral arbitrator") to conduct arbitration proceedings to
177 hear deactivation challenges. The neutral arbitrator shall be one member of the Panel. The
178 remaining Panel members shall consist of an equal number of partisan panel members,
179 representing the interests of the TNC or FDNC driver and the TNC or FDNC, respectively.
180 (1). The utilization of the Panel arbitration proceeding created by this section is voluntary
181 upon agreement by both parties, except as provided for under section 12(j), and shall be
182
183 of no cost to the TNC or FDNC driver. If utilized, the Panel shall be the sole arbitration
184 proceeding for challenging the deactivation.
185 (2) The cost of arbitration, including any fee charged by an arbitrator, will be shared
186 equally by the TNC or FDNC and the Driver Resolution Center. If the TNC driver is not
187 represented by a representative of the Driver Resolution Center, the TNC or FDNC shall be
188 solely responsible for the cost of arbitration.
189 (3) The arbitration shall be conducted no later than 30 days after the notice of intent
190 to arbitrate has been provided to the TNC or FDNC under section 12(n), within a time frame
191 mutually agreed by the parties, or as ordered by the Panel.
192 (4) Subject to rules issued by the Department, the Panel may conduct pre-hearing
193 procedures, as well as an evidentiary hearing at which parties shall be entitled to present
194 witnesses and written evidence relevant to the dispute, and to cross-examine witnesses.
195 (5) The Panel's decision in any case shall be by majority vote, with each panel
196 member holding one vote.
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197 (6) The Panel shall issue a written decision and, if appropriate, award re