Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H961

Introduced
2/16/23  

Caption

Establishing portable benefit accounts for app-based-delivery drivers

Impact

The passage of H961 would lead to significant amendments in the General Laws of Massachusetts, particularly concerning the treatment of app-based delivery drivers. The bill mandates that delivery network companies contribute a percentage of earnings to portable benefit accounts for their drivers. This means that these drivers would have access to supplementary financial resources, which could be tapped into when facing income loss due to various permitted circumstances—like illness or emergencies. The legislation also requires these companies to obtain occupational accident insurance and provide adequate automobile insurance coverage, ensuring a safety net for drivers during their work activities.

Summary

House Bill H961 seeks to establish portable benefit accounts specifically for app-based delivery drivers in Massachusetts. This legislation acknowledges that these drivers, classified as independent contractors, play a critical role in providing services to their communities. The bill aims to integrate a system where benefits such as income replacement and health coverage can be accessed by delivery workers through multiple platforms, enhancing their financial security and welfare as they are often not entitled to traditional employee benefits.

Contention

Despite its favorable intentions towards worker protections, H961 is not without contention. The legislation may spark debates around the implications for independent contractor status and the level of control that delivery network companies exert over drivers. Concerns have been raised by some stakeholders regarding the potential financial burden on businesses and the administrative complexity of managing multiple benefit accounts. Furthermore, the preemption clause that disallows municipalities from enforcing their own regulations regarding these drivers could lead to local resistance, especially in areas with existing labor standards for gig economy workers.

Companion Bills

MA H5047

Replaced by Study Order

Previously Filed As

MA H1108

Establishing portable benefit accounts for app-based-delivery drivers

MA S1305

Establishing protections and accountability for Delivery Network Company workers, consumers, and communities

MA SB256

Delivery network couriers and transportation network drivers, Department of Financial Institutions’ approval to offer portable benefit accounts, providing for insurance coverage, modifying administrative rules related to accident and sickness insurance, and granting rule-making authority. (FE)

MA AB269

Delivery network couriers and transportation network drivers, Department of Financial Institutions’ approval to offer portable benefit accounts, providing for insurance coverage, modifying administrative rules related to accident and sickness insurance, and granting rule-making authority. (FE)

MA HB1072

Voluntary Portable Benefit Plan Act; create for contributions by hiring parties to independent contractors' portable benefit accounts.

MA H1339

Establishing protections and accountability for DNC workers, consumers, and communities

MA SB1276

Labor and employment; portable benefit accounts, income tax, deduction.

MA H1431

Portable Benefits Accounts for Independent Contractors and Sole Proprietors

MA H1067

Portable Benefits Accounts for Independent Contractors and Sole Proprietors

MA HB1067

Portable Benefits Accounts for Independent Contractors and Sole Proprietors:

Similar Bills

TX HB4215

Relating to the regulation of delivery network companies; requiring an occupational permit; authorizing a fee.

NJ S3139

Requires delivery network company to maintain certain automobile insurance.

NJ A3581

Requires delivery network companies to maintain automobile insurance.

NJ A3568

Requires food delivery network company to maintain certain automobile insurance.

TN HB2175

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 55; Title 56 and Title 65, relative to delivery network companies.

TN SB2458

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 55; Title 56 and Title 65, relative to delivery network companies.

MO SB915

Modifies provisions relating to insurance coverage for certain delivery network companies

TX SB2154

Relating to the regulation of delivery network companies; requiring an occupational permit; authorizing a fee.