By Sam Larson
Vice President, Government Affairs

Several issues of interest to Massachusetts employers remain in the running to come before voters on the November ballot this year.

Of the 43 ballot initiative proposals submitted in September 2023, only 10 survived a constitutional review from the Attorney General and gained the necessary signatures to move forward.

The Legislature has until May 1, 2024, to adopt any of the proposals. Lawmakers this year established a bipartisan special joint committee to review the initiative petitions. If these petitions are not adopted by the Legislature, then the proponents must collect 12,429 additional certified signatures and file them with the Secretary of State by July 3 to appear on the ballot.

Legal Challenges

Half of the 10 initiative petitions are being challenged in court by opponents on the grounds of “relatedness.” The Massachusetts Supreme Judicial Court (SJC) will not certify questions that combine multiple unrelated issues and will only permit proposals in which voters are asked to answer a single question that addresses only one issue. The Court will likely issue decisions on the various proposals in May.

Summaries of 2023-2024 Ballot Proposals: 

“Gig Economy” Independent Contractor Classification (5). These proposals would create a new worker classification that defines “app-based drivers” as neither independent contractors nor employees. The law, if adopted, would break from the traditional dichotomy that all workers are either employees or independent contractors and entitled to certain levels of rights, benefits and flexibility depending on which category they fall into.

There are five industry backed proposals that offer slight variations on the same core concept – that gig workers should not be classified as employees. Proponents filed multiple proposals in an effort to survive legal challenges at the SJC and enable certification of one or more of these questions after a similar proposal was rejected in 2022. Organized labor groups have sued to remove all five questions from the ballot.

Elimination of MCAS Standard. The Massachusetts Teachers Association filed a proposal that would eliminate the Massachusetts Comprehensive Assessment System (MCAS) requirement for high-school graduation. In its absence, municipalities would determinegraduation requirements to put in place. This proposal would not eliminate the test entirely; rather, just the graduation requirement.

Tipped Minimum Wage. This proposal would eliminate the state’s tipped minimum wage and

slowly bring it to parity with the current minimum wage. Presently, Massachusetts has a separate wage minimum wage of $6.75 per hour for tipped workers and $15 per hour for other hourly employees. This proposal would gradually raise the tipped minimum wage to 100% of the state minimum wage over five years ending in January 2029. The Massachusetts Restaurant Association has sued to remove this question from the ballot.

Rideshare Collective Bargaining. This proposal, filed by the Service Employees International Union (SEIU), would explicitly allow Uber and Lyft drivers to unionize and engage in collective bargaining with their respective companies. The question does not address the status of drivers as employees or independent contractors. The Massachusetts Fiscal Alliance has sued to remove this question from the ballot. 

Auditing the Legislature. This proposal, filed by State Auditor Diana DiZoglio, would explicitly allow the State Auditor to perform audits on the Legislature, something she has repeatedly attempted to do, albeit unsuccessfully.

Legalization of Natural Psychedelics. This proposal would legalize the use of plant-based substances for therapeutic use in Massachusetts. People aged 21 and older would be able to legally consume psychedelics at a licensed therapy facility.