MA S1305

Summary of Massachusetts Senate Bill S.1305

• Application-based delivery workers are presumed employees of Delivery Network Companies (DNCs) and must be paid minimum wage for all working time, or 150% of minimum wage for "assigned time" if workers have flexibility to log on/off at will, plus mileage reimbursement at IRS rates or 150% during assigned time

• DNCs must provide $1,000,000 per occurrence and $3,000,000 aggregate liability insurance coverage for workers during working time, with detailed requirements for coverage when workers are logged on but not actively delivering versus during active deliveries

• Creates a new Delivery Network Company and Transportation Network Company Division within the Department of Public Utilities with authority to regulate rates, investigate complaints, require permits, conduct background checks, and enforce compliance including quarterly data reporting requirements

• Grants delivery workers collective bargaining rights under Chapter 150A, allowing statewide or industrywide bargaining units, with the Department of Labor Relations handling unfair labor practice complaints and a 10-cent per delivery surcharge funding enforcement

• Prohibits retaliation against workers exercising their rights, requires "good cause" for deactivation with appeal rights, mandates detailed receipts and payment notices to workers and customers, and establishes a greenhouse gas emissions reduction program for delivery vehicles—all provisions taking effect January 1, 2026