EL KOUSSA v. ATTORNEY GENERAL

SJC-13559.

494 Mass. 269 (2024)

MARTIN EL KOUSSA & others v. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 27, 2024.


Attorney(s) appearing for the Case

Jennifer Grace Miller for the plaintiffs.

Anne Sterman, Assistant Attorney General, for the Attorney General & another.

Thaddeus Heuer (Seth Reiner also present) for the interveners.

The following submitted briefs for amici curiae:

Stevan E. Johnson, pro se.

Alfred Gordon O'Connell for United Food and Commercial Workers International Union.

Michael T. Anderson for Economic Policy Institute.

Joel Fleming for Open Markets Institute.

Gary J. Lieberman for Chamber of Progress.

Nicole J. Daro & Travis S. West, of California, Bryan Decker, & Jennifer Rubin for National Nurses United.

Jason Salgado, MaryGrace Menner, & Ilana B. Gelfman for Massachusetts Worker Centers.

Daniel A. Rubens & Eliza A. Lehner, of New York, Eric A. Shumsky, of the District of Columbia, & James Anglin Flynn for Retailers Association of Massachusetts & others.

Jonathan B. Miller for Public Rights Project & others.

Matthew Ginsburg, Raven L. Hall, & Leila Ouchchy, of the District of Columbia, for American Federation of Labor and Congress of Industrial Organizations.

Adam Cederbaum, Corporation Counsel, & Randall Maas, Assistant Corporation Counsel, for city of Boston.

Michael A. Feinberg for International Brotherhood of Teamsters.

Shannon Liss-Riordan for Justice at Work.

Rhonda T. Maloney, Thomas R. Murphy, Kevin J. Powers, & Jennifer A. Denker for Massachusetts Academy of Trial Attorneys.

Michael Holecek, of California, & Joshua S. Lipshutz for Awet Teame & others.

Jonathan D. Newman & Jacob J. Demree, of the District of Columbia, & Thomas R. Landry for North America's Building Trades Unions.

Stacie Sobosik for Massachusetts Coalition for Occupational Safety and Health & another.

Matthew Carrieri for National Employment Law Project.

Kevin P. Martin, William E. Evans, & Jesse Lempel for Chamber of Commerce of the United States of America & another.

Amira Mattar, of New York, John Bonifaz, Ben Clements, & Courtney Hostetler for Free Speech for People.

Lori A. Jodoin, Rebecca Pontikes, & Nafisa Bohra for Massachusetts Employment Lawyers Association.

Present: Budd, C.J., Gaziano, Kafker, Wendlandt, Georges, & Wolohojian, JJ.


This mandamus action concerns five cognate ballot initiative petitions. All five petitions are designed to ensure that "app-based drivers" (drivers)3 are not classified as employees of delivery network companies4 or transportation...

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