S1305 — An Act establishing protections and accountability for Delivery Network Company workers, consumers, and communities

Summary

An Act establishing protections and accountability for Delivery Network Company workers, consumers, and communities

Bill Text

• Full text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new definitions and provisions for application-based delivery workers, ensuring they are treated as employees and setting standards for wages, working conditions, and protections against retaliation.

• Chapter 149

  Application-based delivery workers shall be presumed to be employees under the General Laws.

  This establishes application-based delivery workers as employees, providing them with legal protections under employment law.

• Chapter 149

  The minimum applicable hourly wage for application-based delivery workers shall be equal to the basic minimum wage for all working time or, if the application-based delivery worker holds unfettered discretion to log on and off of the Delivery Network Company application or platform at dates, times of day and hours of their choosing, then the minimum applicable hourly wage shall be a minimum hourly wage rate of 150 per cent of the basic minimum wage for all assigned time.

  This sets wage standards for application-based delivery workers, ensuring they receive at least the basic minimum wage or a higher rate under certain conditions.

• Chapter 149

  Delivery Network Companies shall provide accidental liability coverage to each application-based delivery worker during their working time of not less than $1,000,000 per occurrence and $3,000,000 in aggregate.

  This mandates liability insurance for delivery workers, enhancing their protection while working.

• Chapter 149

  Any Delivery Network Company, or their agent, or any other person shall not penalize or otherwise retaliate against an application-based delivery worker in any way, including adversely impacting an application-based delivery worker’s terms and condition of employment, as a result of any action on the part of the worker to secure their rights under this Section.

  This protects application-based delivery workers from retaliation for asserting their rights.

• Chapter 149

  Any current or former application-based delivery worker aggrieved of a violation of this section may, within 2 years of such alleged violation, institute a civil action in superior court.

  This gives delivery workers the right to sue for violations of their rights under this new section.

• Chapter 149

  Delivery Network Companies may elect to pay at least basic minimum wage for all working time or to adopt the premium rate established under subsection (b) for assigned time so long as on average each application-based delivery worker makes at least the basic minimum wage for all working time under 40 hours within a workweek.

  This allows companies flexibility in wage structures while ensuring minimum pay standards are met.

• Chapter 149

  Each Delivery Network Company operating in commonwealth shall provide contemporaneous payroll data for each application-based delivery worker by base location in an electronic, searchable form.

  This requires companies to maintain and provide payroll transparency for delivery workers.

• Chapter 149

  The mileage reimbursement standard for application-based delivery workers utilizing their own vehicles shall be: (i) the standard mileage rate established by the federal Internal Revenue Service for all miles driven during an application-based delivery worker’s working time; or (ii) 150 per cent of said standard mileage rate for all miles driven during assigned time.

  This sets standards for mileage reimbursement for delivery workers using their own vehicles.

Sponsors

• Lydia Edwards · Primary

Subjects