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Big Traffic Author of this article: Huxiu.com 2015-11-08
The banner of sharing economy and Internet innovation cannot be a shield to avoid social responsibilities,Just like the former president of Harvard University、Larry, a famous economist.What Summers said,The sharing economy should also be inclusive of growth。
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Uber、Airbnb (originally meaning "airbed and breakfast",Providing family hotel services)、Handy (providing housekeeping services)、Taskrabbit (which provides human services such as running errands) and other Silicon Valley start-ups are considered by some commentators to be representatives of the sharing economy,Media bombardment reports,Uber、Airbnb’s staggering valuation continues to jump in venture capital investment race。China Life、China Ping An、A number of companies with Chinese prefixes such as China CITIC Bank are also vying to participate in Uber’s recent financing,It is rumored that after the latest round of financing of US$1 billion at the end of October,In just over a year its valuation has soared nearly 4 times,Potentially reaching a staggering $70 billion,Facebook’s pre-IPO valuation record of US$50 billion has been dwarfed by comparison,Even more than the combined market value of General Motors and Ford, the world's two largest automakers。And Airbnb’s latest valuation is as high as 25 billion US dollars,Compared with the market capitalization of social media giant Twitter,Close to Hilton, the hotel group with the highest market value (680,000 rooms,Market value approximately US$28 billion)。These companies have reason to be proud。

However,Homejoy, a star member of the Silicon Valley sharing economy that has only been in operation for 3 years (the Uber of home cleaning services),The email sent to customers on July 17 claiming that they would be permanently closed at the end of the month due to labor lawsuits is nothing more than a cold breeze in this heat wave,Except Uber、Industry regulatory issues encountered by Airbnb and others,The importance of labor issues has also been highlighted。

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The stories that inspire entrepreneurship are always the same。Kranik experienced the difficulty of taking a taxi in Paris at night,Founded Uber。The founders of Homejoy, the Cheung brothers and sisters (sister Adora Cheung),Brother Aaron Cheung’s entrepreneurial inspiration also came from his sister Adora’s experience of finding a cleaner for Aaron’s dirty apartment bathroom。Aaron’s bathroom is terrible,Adora would rather go to the cafe down the street,I also bought a sandwich。Finding the right cleaner is not easy,Either too expensive (about $50/hour),Either cheap but not reassuring。What’s more important,The search process is quite time-consuming,It is difficult to find a cleaner to save time,The opportunity to start a business will appear。

In March 2010, the entrepreneurial project of the Zhang brothers and sisters was incubated in Y Combinator, a well-known entrepreneurial incubator in the industry (Airbnb was also incubated from this),Started operation in July 2012,Cumulative financing exceeds 40 million US dollars。The platform provides certified and insured professional cleaners to customers who need cleaning services,General charge is 20-35 USD/hour (minimum service 2.5 hours),The platform generally charges a commission of 25-40% depending on the service area。After continuous expansion,Homejoy service area includes the United States、Canada、UK、France、35 cities in Germany and other countries,More than 1,000 cleaners。But these 188bet online sports betting cleaners are not employees of the company,Considered to be an independent vendor (or micro business owner as they are known),Do not enjoy employee benefits,There are only about 100 company management and technical personnel with employee status。

A report by the "Washington Post" on September 10, 2014 brought this employment model to the public,Aroused a lot of resonance,Also attracted more social attention。This report tells the story of Anthony, a 35-year-old middle-aged black cleaner who works for Homejoy, and his 4-year-old daughter Cheyenne’s difficult life in the capital Washington,The work is hard and the income is meager (doing two cleaning jobs every day,Only about US$2,000 monthly income,Earn as low as $10 an hour,Below the minimum wage level stipulated by the government),What is even more pitiful is the lack of any labor protection and employee benefits,The image of a miserable proletarian laborer comes to mind,The story is even a bit tear-jerking。The report by New York Magazine on the 18th was even more shocking,Writer Kevin.Ruth and some friends in the Bay Area discovered that the cleaners they booked through Homejoy were all homeless!

There are no high industry barriers to providing mobile online cleaning services,Intense competition is inevitable,The only company that provides similar services in the United States is Taskrabbit、Handy、Helping、Porch、Myclean and other at least 8 companies。“Growth is everything” is the code of conduct for the Internet industry,Increase valuation to rapidly expand user scale,Repeating price wars wherever they go makes funds quickly dry up。This employment model makes service quality that relies heavily on individuals unreliable,Customer retention rate is very low (reportedly less than 10%),It also further increases the company’s marketing costs。

June 3,A California Labor Commission judge rules that an Uber driver named Barbara is an employee,Uber needs to pay the driver 4152 for the period of service.USD 2 compensation。This ruling is for Homejoy, which has been involved in 4 similar lawsuits,Aggravating the situation,Investors have completely lost confidence in the company’s development prospects and financial status,The inability to obtain sufficient financing can only mean death for start-up Internet companies。

After the graduation news was exposed,Liz Riordan, the plaintiff’s class action lawyer in the Homejoy case, is more concerned about whether there is cash or other assets left behind。Lise Riordan disagrees with the company founder’s attribution of the company’s collapse to a labor lawsuit,Believe that employers must obey the law,Those sharing economy platforms that provide the best services and abide by the law can survive。

Homejoy employees don’t have to worry,Google recruits more than 20 technical staff,The main competitor Handy even offers a $1,000 reward to attract Homejoy employees and cleaning staff。CEO Adora in an email to customers,Also hope that customers can continue to use the original cleaner,But no longer online payment,No more commissions,Online transactions have returned to offline services,The company’s efforts are really dumbfounding。

1099 Economy

1099 economy is also called the sharing economy、Gig economy、Fragment economy, etc.。This kind of economy basically exists in the form of P2P,That is, connecting individual service providers and individual service demanders at both ends through the platform。From the perspective of the relationship between service providers and platform enterprises,Platform companies do not employ employees according to the traditional enterprise model (employing employees must fill out Form W-2 to file tax returns in the United States) to provide services,Choose to be an independent supplier (fill in Form 1099 to report income and taxes),The media also refers to this type of enterprises 188bet sports betting app download as the "1099 economy",Obviously the naming of the concept of “1099 economy” highlights the labor relations in it,It can also be seen from the perspective of society’s concern about this issue。

"1099 Economy",Essentially an on-demand service personal service economy,The famous Uber has been exposed、Airbnb、Taskrabbit、Handy and others fall into this category,There is no accurate statistics on the number of such companies,In 2015 alone, a research team from Stanford University conducted a survey involving 78 “1099 economy” platform companies。It is estimated that venture capital has invested more than US$4 billion in similar platform companies in Silicon Valley in the past two years,It can be seen that capital is pursuing this type of economic model。Homejoy’s sudden collapse reminds people that the relationship between platforms and service providers may be a matter of life and death for these companies,The opinions of all walks of life are almost completely opposite to each other。As Professor of Public Policy at the University of California, Berkeley、Former U.S. Secretary of Labor Robert.Lesh believes that “the fragmented economy pulls us back to the past”,This economic model is the "piece rate" model of the 19th century,Labor rights gained in the 20th century will be lost。Some commentators even believe that the current 1099 economic debate focuses on "whether the sharing economy creates more job opportunities that can support families,The net benefit is to break the traditional employment security,Create a large number of gig and low-income job opportunities”。

Since July,The "gig economy" (mentioned in Hillary's speech) has also become a topic in the politics of both parties in the United States,Jeb, the most powerful candidate of both parties in the 2016 presidential election.Bush and Hillary.Clinton also had a big fight about this。The Democratic Party upholds its consistent stance of safeguarding labor rights,Accuse these companies to evade employer responsibility by misclassifying labor status,Considering that innovation and labor protection are not contradictory,The Republican Party adheres to the liberal position,Believe that the market can solve everything。

The United States as a federal country,Every state has its own special regulations。At the federal level,The Internal Revenue Service (IRS) is the government agency that directly determines the relationship between workers and companies。The federal tax administration develops its own “common law test model” for determining worker status,This test model mainly tests the extent to which enterprises retain command and control of when workers complete work、Where、How,Contains 20 questions or factors,Such as whether workers must obey the company’s work-related instructions;Whether to accept training;Whether the services provided are an integral part of the enterprise's business;Whether the services provided must be completed personally;Can I be fired by the company at any time;Whether you work for the company full-time, etc.。

The U.S. Federal Department of Labor in accordance with the Fair Labor Standards Act (FLSA),Designed its own test model based on the “economic reality” of labor and business,7 questions or factors included,such as the opportunity for labor to gain or lose、Labor input, etc.。

In addition,As a “common law” country,The federal judge’s ruling is also the basis for determining labor status,For example, federal judges have also developed a six-factor test based on the "economic relationship"。Diverse test standards,Many factors to consider,It is indeed quite difficult to clarify the complex relationship between platforms and labor。

July 15,Federal Department of Labor issues administrative explanation on how to classify employees and independent suppliers。Explanation,Congress has expanded the employment 188bet Online Sports Betting and Casino relationship when legislating the Fair Labor Standards Act,More focused on determining from the perspective of economic relations,That is, whether workers are economically dependent on the enterprise。26th,Labor Secretary Perez participated in a discussion on Facebook about the labor relations division of the “gig economy” (i.e. 1099 economy)。Perez has a tough attitude,Believe that the current labor relations classification standards are strict,will also be strictly enforced,It won’t change either。Perez emphasized that government regulatory agencies will determine labor status according to unified standards,We will not be deliberately flexible because of the new economic model。For those who believe that regulation will curb innovation,He firmly denied it,and expresses,Unless the law is changed,Regulatory agencies will strictly enforce the law,And show the 2014 law enforcement report card,Recovered a total of US$79 million in compensation for misclassified workers,Finally, he called on the people to actively report。

The dancer collapsed the nightclub

In 2007, an uninvited guest came to Boston lawyer Liz Riordan’s office—32-year-old dancer Luciana.Chavez。Luciana dancing at King Arthur Nightclub in Chelsea, near Boston,Nightclubs classify dancers as independent suppliers,No minimum wage and no labor protection,The nightclub gives dancers a fixed commission of US$35 per day,30% commission on tip income from solo dancing in guest rooms。

Lise Riordan files class action lawsuit for 70 nightclub dancers,Require nightclubs to compensate for misclassification of labor status。The nightclub claims that its business is to sell alcohol,It just provides a service platform for the dancers (physically it is indeed a platform)。August 2009,The court held that dance services are an integral part of nightclub services,Judgment requires nightclubs to pay minimum wage to dancers,And you cannot ask other nightclub staff to share the tips of the dancers。King Arthur Nightclub finally closed。

Ms. Liz Riordan is probably already a thorn in the side of employers in the U.S. 1099 economy。Another typical case of labor status-the California FedEx truck driver labor status class action lawsuit was also represented by him。These truck drivers are similar to Uber drivers,Considered to be an independent supplier to the company,The vehicle is owned by the driver,All vehicle usage fees are borne by the driver,The driver completes the express transportation as required by the company。FedEx believes that its business is not delivery,But an "advanced information and distribution network",The driver is the main body in completing the delivery。There are similar lawsuits in 40 states over the identity of FedEx drivers,The lawsuit has lasted for more than 12 years,Ultimately, most of these cases were consolidated into 3 federal class action lawsuits。August 27, 2014,The Ninth Federal Circuit Court of San Francisco v. California 1 case、2 Oregon class action lawsuits have been adjudicated,The judge quoted Abraham Lincoln's famous metaphor "If you called a dog's tail a leg,It still has 4,Because calling a dog’s tail a leg doesn’t turn it into a leg”,This is a satire on the fact that FedEx is trying to circumvent the employment relationship by naming drivers by different names。FedEx finally reached a settlement with the employees involved in the case in early June this year,Agree to pay up to 2.USD 2.8 billion in compensation。

Many of the 1099 economic upstarts have been involved in labor lawsuits,For example, Homejoy has gone bankrupt,Its competitor Handy,Instacart for grocery delivery,Postmates, a food delivery service、Doordash and Try Caviar,Uber, which is engaged in online private cars、Lyft is even more involved in lawsuits。Will Homejoy’s collapse be the first domino to fall??

Can Uber survive?

Some media describe 188bet sports betting app download Ms. Liz Riordan, who specializes in labor litigation, as the goddess of revenge Nemesis,Uber tree attracts the wind,The goddess’s revenge list is probably the first to bear the brunt。

Barbara became an Uber driver on July 25, 2014,Working time is less than two months。The second day after leaving Uber,Barbara filed a compensation application with the California Labor Commission on September 16th,Requesting compensation for unpaid wages during work、Reimbursement of related vehicle expenses、Liquidated damages and penalty for unpaid wages。Uber considers itself a neutral technology platform,Only provides information services to match drivers and passengers to reach transactions,There was a similar judgment in 2012,Plaintiff is an independent supplier,Not an employee of the company。June 3, 2015,California Labor Commission judge rules,The judge held that although some factors showed that the driver was an independent supplier,But the services provided by drivers are not outside of Uber’s business scope,Exactly the basis of its business。And Uber maintains general control over the overall operation,Only due to the characteristics of the work, in-depth control is not necessary。Ruling that the defendant is an Uber employee,Uber needs to pay the driver 4152 for the period of service.USD 2 compensation。

Florida regulatory authorities also made a similar ruling in mid-May,McGillis,This Uber driver who ran for mayor in 2011,Expelled from Uber due to disputes with passengers,Also sued Uber to the state Department of Economic Opportunity to seek compensation。The Oregon Bureau of Labor and Industries also issued an official opinion on October 14th,Analysis through 6 factors of "Economic Relationship",Considering that Uber has an employment relationship with its drivers。

The above two judgments are individual cases,It’s nothing to the unicorn Uber,But the impact is not small,Uber has appealed to the court,The road to justice is long,Drag the word tactic is undoubtedly a good way。

The impact of individual cases is still controllable,The impact of class action lawsuits cannot be ignored。March 11,U.S. District Judge Edward in San Francisco denied Uber’s request for summary judgment in the California class action case,Considering that the law and facts in this case are mixed,Plaintiff can be presumed to be an employee,The case shall be left to the jury。September 2,The court confirmed the nature of the class action case,And defines the scope of class action lawsuits and compensation。

The final decision will take some time,But there are already enthusiastic people settling the score for Uber。Generally speaking,The employee model increases labor costs by more than 30% compared with the independent supplier model。Accurate calculation using professional enterprise cost software,If the employment model of independent service providers is ultimately rejected by the judicial body,The cost will be extremely high,Increased costs in the United States alone may reach $4.1 billion a year!The increased vehicle operating expenses accounted for 64%,Employee income tax (including social security, etc.) accounts for 15%,Employee benefits account for 15%,Unemployment and medical insurance account for 5%。

According to some media,Uber’s annual loss is approximately US$300 million,Due to continued rapid expansion,Loss is still expanding,It is self-evident what US$4.1 billion means。Even if the possible additional cost is estimated too high,The impact of a mere 20% increase (approximately US$1 billion) on its valuation is unimaginable。

The third way

1099 Economic issues related to labor status and protection have polarizing views,Some commentators sing the praises of Internet innovation,Some commentators denounce it as "the sweatshop of the 21st century"。From a macro perspective,The 188bet Online Sports Betting and Casino share of labor income in economic output has dropped from a peak of 59% in 1970 to 53% now,Almost equivalent to a reduction of $1 trillion in labor wages and welfare income。A 2014 research report participated by the American Freelancer Federation,There are approximately 53 million freelancers in the United States,Compared to before the financial crisis,Low-wage jobs added by 2.3 million,The number of low- and middle-income jobs decreased by 1.2 million,The median income of the American middle class is also lower than before the financial crisis。This is exactly the social background of the so-called 1099 economic rise and sharp opposition,The rising valuations of these companies backed by venture capital and the conflicts between old and new have further strengthened their respective positions,This has also become a major political issue。Los Angeles Times Opinion,1099 Economic issues are a wedge issue that divides society。

Former Governor of Virginia,Democratic Senator Mark.Werner is extremely concerned about the labor policies involved in the 1099 economy,Always exploring solutions。Mark.Senator Warner as a former venture capitalist,The richest senator currently,For 1099 economy or gig economy,It can be said that "it is good to know its beauty、Know the evil of evil”,Have a fairer attitude。He thinks legislation takes too long,I hope that entrepreneurs in the 1099 economy that have caused problems can find solutions on their own。June 4,He went to Silicon Valley for research again,He was a little disappointed after the survey,Acknowledgment that neither the Washington government nor industry is seriously prepared for this。

Mark.It is not unreasonable for Senator Warner to hope that the industry will explore on its own。Currently,The number of 1099 economic platform companies adjusting labor policies continues to increase,Like Managedby Q (Cleaning and Property Management Services)、Munchery (takeaway)、 Maple(Takeaway)、Chariot(private car) 、FlyCleaners(clothing cleaning)、Parcel(Package Express)、Alfred(errand running)、Shyp (Package Delivery)、Luxe (valet parking)、Sprig (Chef Service)、Platform companies such as Instacart (grocery delivery) and Zirtual (labor services) have changed their approach to forced and single independent service providers,Instead, workers are given the right to choose,Existing full-time staff,Also has part-time gig status。According to a 2015 survey by a joint research team from Stanford University and the well-known venture capital incubator Y Combinator,An important reason why people choose to work in the 1099 economy is the flexibility of their work,Especially young people’s pursuit of freedom of work。18-24 years old accounts for 39% of the employees,82% of people in this age group choose because they value the freedom of work.1%,And those over 25 years old also accounted for 67.5%,However, the survey also found that low industry income and poor labor security are the first considerations for employees to leave their jobs。Until the law changes,Allowing workers to have the right to choose their status according to their own circumstances should be a more feasible approach at present。

Federal District Judge Vince is responsible for hearing the labor status class action lawsuit of another ride-hailing platform giant Lyft.Chhabria believes that applying 20th century labor laws (the labor category of independent suppliers was created in 1947) to try 21st century labor cases is "a square fit",Although he also believes that the case is complex and requires a jury verdict。Senator Mark.Werner also proposed the establishment of a third labor category between employees and independent suppliers in the survey on June 4, So-called "dependent contractor"。Simon.Rosman, Venture investors and consultants at Lyft and Taskrabbit, star companies of the 1099 economy,Also agreed with the idea of 188bet app ​​the third way in a recent interview。

From international practice,Canada has created this type of labor category in 2008,Germany has a similar approach。However,It is not easy to build legislative consensus,Far water cannot quench near thirst,Especially not all start-ups can wait until that day comes。But anyway,The banner of sharing economy and Internet innovation cannot be a shield to avoid social responsibilities,Just like the former president of Harvard University、Larry, a famous economist.What Summers said,The sharing economy should also be inclusive of growth。


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