Recent years have marked the ascendancy of the ridesharing industry in Massachusetts. Companies like Uber and Lyft have expanded, now controlling the multi-million industry in the state, according to recently published reports. But drivers, who are a vital part of this market, are not satisfied; increasingly, a chorus of drivers are complaining they are not receiving their fair share of the market — not to mention the inequitable working rules and conditions.

But the drivers have recently proposed legislative solutions that could help in addressing some of these problems.

The first bill, which is backed by unions, aims to classify drivers as full-time employees. This bill was motivated by a lawsuit filed by Maura Healy, the state general attorney, who argued that ridesharing companies have taken advantage of drivers by misclassifying them as independent contractors to avoid paying them basic benefits such as healthcare insurance, unemployment insurance, and anti-retaliation protection, 

Indeed, ridesharing companies from their side endorsed a Bill that advocates for classifying drivers as independent contractors in addition to giving them some more benefits. these companies, aside from pouring in about 15 million dollars in lobbying efforts,  have funded several studies and polls to prove their point of view,  for instance, a recent controversial study, that is much in line with these companies’ previous immoral practices of paying academic and research institutes to mislead the public and control the narrative about the issue, claimed that 81% of the 400 sampled drivers who responded supported the campaign’s goals, while this bill provides some comprises, it ignores their basic need to organize in a union that protects their rights including the ones promised by companies. 

The most recent — and apparently the most realistic — bill was introduced by Drivers Demand Justice, a coalition of organizations and rights groups calling for the maintenance of independent contractors’ statuses while requesting fundamental changes to the relationships between drivers and ridesharing companies — such as the right to organize, minimum compensation, unemployment insurance, and discrimination protection.

Drivers have to focus on including digital rights in the final proposed bill. Ridesharing companies should be requested to fully disclose any third-party data-sharing agreements, and drivers must have prior notice therof. Moreover, algorhythmic details tend to dictate how trips are calculated and assigned, despite the fact that recent studies have raised serious concern about the wage discrimination that tends to result, indicating that these companies have not been transparent in this issue. 

It’s legitimate to assume that ridesharing companies might threaten to exit the market if they feel any bill that could be passed might limit their interests.

Drivers should consider alternative cooperative models in which to create their platform, taking inspiration from similar experiments in Colorado and New York. Doing so will only strengthen their bargaining positions. 

Mohamed Suliman is a senior researcher at the Northeastern University Civic AI lab. He also holds a degree in Engineering from the University of Khartoum in Sudan

Suggested citation: Mohamed Suliman, Fundamental Rights Should Extend to All — And This Includes Rideshare Drivers, JURIST – Academic Commentary, August 9, 2023, https://www.jurist.org/commentary/2023/08/twitter-Sudan-RSF-atrocities/.

This article was prepared for publication by JURIST Commentary staff. Please direct any questions or comments to them at commentary@jurist.org