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How Uber Overcame Threats & Controversy – Part 2 – A Case Study for Entrepreneurs


[Music]
hello again everybody
Tom Ellsworth here and welcome back to
case studies with the biz doc as
promised this is uber part 2 where we’re
going to dive into a few of the things
that over phase from 2014 to 2016 some
of which I’m sure you saw in the
headlines and how they responded to them
as we do that we think back to over part
1 and the incredible CEO Travis kalanick
in part 1 and if you haven’t seen it go
back and take a look we saw how he went
from UCLA dropout to running the most
valuable private company in the world
today and we saw how he raised money
built a team and really achieved scale
and drive for that company today we’re
going to look at a couple of those
issues that they ran into from 2014 to
2016
and how they responded to them there’ll
be lessons in there for how you can
respond even if you just have a small
company in the middle of a small town or
maybe you’re going to be joining a big
company you’re creating one tomorrow and
you’ll take these lessons with you so
let’s take a look at what the two core
points will be the first one is
defenders of the status quo you know the
way we do it now the way we’ve always
done it the status quo defenders they
want the benefits of innovation and
technology as long as it doesn’t require
them to change or do anything point
number two is it growth always
inevitably at some point brings a
regulatory response whether you have to
go talk to your city hall or you end up
like uber did in Congress or on the
steps of Capitol Hill and those are our
two points for the day so let’s dive in
and take a look at three things that
happen to burr and how we can apply them
in our businesses the first is the
classic debate of what’s an employee and
what’s a contractor you know everybody
wants to be an independent contractor
and have all their freedom but then on
this side everybody wants to be an
employee and have the company pay part
of their taxes and pay for unemployment
benefits well you know you can’t have it
both ways and some uber drivers found
out that you can’t have it both ways but
uber
smartly responded to the controversy see
there is a driver in San Francisco it
was a woman and she had been driving for
uber for some amount of time and she
initiated a suit that said we’re
employees we’re not independent
contractors but if you look at the
definition of independent contractors
whether you’re hiring somebody for your
business or maybe you’ve been an
independent contractor generally you
make your own hours and determine when
you work and it’s an outcome-based I
need this done and I’ll hire you to do
it okay well I may be there in the
afternoon maybe there this date Wendy
net is done by I need it done by
Wednesday well it’s your choice how you
get it done as long as it’s done
Wednesday but employees would be told
show up at 8:00 a.m. Wednesday and work
to the end of the day only take this
break and they get benefits and you pay
taxes that’s an employee when the kind
of contractors are not like that and
they usually have their own tools they
make their own schedules and they
deliver the outcome for a fixed rate
well isn’t that what an uber driver is I
have my own car it does get inspected by
uber to make sure it’s a good car in
good condition and I make my own hours I
take my uber driver app I’m available
click I’m not available I come and go as
I please
well she went got some lawyers and
lawyer DUP as they do in San Francisco
and I’m not picking on San Francisco but
there’s a lot of labor cases tend to
come out of San Francisco and if you’re
watching from around the world is also
this Court of Appeals up in that
Northern California area that invariably
has a lot of cases and laws on labor in
the United States that come up there but
anyway so they have this big brouhaha
they go back and forth and finally uber
is like man I got better things to do I
got a company to run and so they said
we’re going to settle it so they settled
the case now if you settle a case that’s
a case between entities between
businesses or maybe person into business
or a person and a person you notice it
wasn’t the federal government coming
down on them on a labor law violation
you don’t settle those cases you know
you pay your fines and you know the
government usually has the
upper-hand but in this case they settled
with this group of drivers saying that
they would pay up to a hundred million
dollars into a fund and they would also
have better communication with the
drivers because CEO Travis kalanick said
you know there are some fair points here
as we’ve grown to four hundred and fifty
thousand drivers there have been times
where we could have communicated better
with our drivers we could have been more
clear about where they could find copies
of policies such as the policy of when
we would deactivate a driver for
performance reasons or complaints or
really low reading or maybe they did
something horrible said and we need to
put that in writing and we need to have
more regular conversations with our
drivers and you know what we’re going to
do that so we learned a little bit
through this we still feel everybody’s
independent contractor but we’re going
to settle the suit so we can get on with
building uber into this multi-billion
dollar company and that’s exactly what
they did you know this also has
precedent in other ways there are things
in terms of task delivery and doing like
a gig and you can look this up it’s
called the gig economy that there’s
going to be parts of us that live in a
gig economy today I did a couple gigs
this week I did a few gigs TaskRabbit
Fiverr uber lyft these are all examples
of you decide when you’re going to do
gigs you say ham available you do it you
get paid a little bit of money goes
through Bert a little bit of money goes
to lift a little bit of money goes to
TaskRabbit and then you keep the rest
and then the gig economy people are
independent contractors you’ll have to
have your own insurance and you’ll have
to pay your part of the social security
tax in the United States so suits like
this with uber is that not the end this
is going to keep happening in the gig
economy and if you find yourself working
for or building a company that’s kind of
in the gig economy you want to be very
specific and very careful that people
are independent contractors and you
don’t cross any line I think that’s a
good lesson for us and any kind
me when you’re starting out chances are
you can’t afford a lot of employees and
you may hire like a PR person as an
independent contractor because you can’t
afford to pay a PR person or a marketing
person to build your website it’ll be
the gig economy and so you should take
care to make sure that you don’t cross
the line between employee and
independent contractor and so that’s
what Oberer found out and uber did a
great job I think you did a very good
job responding especially in California
where you know there’s a lot of times
you’ll find certain politicians who
really are on the side of Labor and they
think companies can do nothing right
except that we’re making jobs and making
money and helping people have a living
outside of that right it tends to happen
you know California is a little bit more
liberal not everybody a little bit more
liberal and that’s where these things
kind of come up so I think what’s the
lesson there an independent contractor
is pretty clear and I think Oberer you
know responded accordingly there was
another suit that was very similar to
like in Massachusetts or something same
issue but uber set it up and move
forward and I think they did a good job
and I think there’s lessons we can learn
now the second thing that happened is I
call it lost in austen and this is where
a law was made in Austin Texas
that required a few things you had to
fingerprint cab drivers or people
driving a limo and guess what that was
being applied to oberon lift they also
wanted you to put big signage on the car
to clearly label that the car was a
ride-sharing or taxi or those type of
company cars and there was a couple
other things they had in there too and
uber and lyft said wait a minute you’re
going to require fingerprinting of all
the drivers background text you know we
don’t think this is fair to minorities
we don’t think this is fair to a lot of
people and you had a lot of reasons for
that and they said we’ll want this and
you know we want to come talk to you at
City Hall and they did but a ballot
measure went out and in the election the
people of Austin voted to support it
so the people voted said I think this is
a good idea
well lyft and uber held their ground and
said you know what if this is what it’s
going to be we’ll leave and austin texas
says what I hate to see you do that but
that’s your choice and the reason I call
it lost in Austin I think uber and lyft
lost I’ll tell you why
Austin is where the South by Southwest
Music Festival is now for those of you
that are in the music that’s what you
call it I refer to it as the South by
Southwest Technology Festival because
what started out as a great Music
Festival became an incubator of amazing
technology and there’s a lot of bands
and there’s a lot of things going on but
you can also go down the South by
Southwest and there’s all kinds of new
innovation that’s coming to Austin Texas
for the better part of a week and who’s
who a business media is down there now
why is that important well Austin said
we’re just going to incubate right share
companies that want to comply with our
law and before long they had seven new
little rideshare companies in Austin
Texas being built so if you’re going to
get upset at the government and you’re
just going to say I can’t dig that law
and I’m going to walk away don’t do it
in Austin Texas a hotbed of
entrepreneurial thought and a city hall
that understands entrepreneurs because
today there are some challenges the
right sharing is a little more expensive
they’re just now getting more cars out
there so there’s a little bit of a
shortage at first but the point is it’s
recovering in the same year within 12
months of uber and lyft saying I’m going
to withdraw from Austin and I think
Cooper looked probably thought hey we
would draw from Austin it would be a set
that they can’t get their ride shares
they’ll write letters the City Hall even
though this law was passed by the voters
by the people everything will come back
around and we’ll come back into Austin
when it’s all figured out well guess
what Austin said no we’re going to
incubate some things and we’re going to
figure it out ourselves and they almost
have so I think I call it lost in Austin
because I think that’s a loss going back
to look at it again I think
uber probably should have negotiated
differently and lift both of them I
think the lesson for you and me is be
careful before you turn your back on
anything because you may be giving an
opportunity for someone to come in
behind you and I think in the modern
economy with the speed at which new
businesses can work I don’t think
turning your back especially in a city
it’s a hotbed for Entrepreneurship that
has a festival involving
entrepreneurship that’s all who’s who of
everybody is in town once a year I don’t
think that’s a place to do it and as
we’ve seen there are now tuber
competitors and lift competitors in
Austin Texas they’re being incubated and
basically you know ordained by the city
so probably a lesson there for all of us
is probably other ways to do it a lesson
there in Hungary not supposed to be
hungry I know it looks like some sort of
a deformed blue lima bean but that is
hungry and that will stars Budapest
over in Budapest Hungary something
happened there which I think Boober did
the right thing the the government
decided it wanted to defend the taxis
and wanted to defend the taxi Union and
ride-sharing was catching on
many people were driving ubers just like
happens in many different countries
people were making all extra money and
the status quo the taxi drivers are like
saying whoa whoa or whatever whoa whoa
whoa is if you speak Hungarian and they
went to the government the government
stepped in and they have a very big
Lobby you know organized labor in
socialized Europe is generally a
powerful government lobby and in this
case they passed the law when they
referred to Hoover and other rights
shares as illegal dispatcher services
notice that just through the word
illegal right on the front of it it’s
not alternative taxis it’s illegal
dispatcher services great right just
right off the get-go you know you’re
being referred to and labeled as illegal
by the way that’s political spin for you
right out of the gate putting you on the
and they said if anybody drives for an
illegal dispatcher service and bypasses
the taxi Union you will lose your
license to operate a vehicle for up to
three years well there you go and
everybody is like option one I write I
do something with uber or a rideshare
service I get caught now I lose my
license for three years I can’t even go
back and be a cab driver I mean this
kind of thing I think is just socialism
just invoking its will over capitalism
as it soars here they’re here they’ve
got the people the citizens of Hungary
nobody’s caring about them these people
are getting you know ways to get to work
cheaply and maybe maybe a single person
on this side of town now can get a job
on this side of town because maybe
public transportation didn’t help them
and now they’re taking the low-cost
right share service uber across town and
there’s other things made available to
them but no we all step in we’re going
to defend the taxi Union that’s the way
it’s always been that’s the way it’s
going to be and here you know they tried
negotiate but I think over did the right
thing it’s just like hey you know if
you’re just going to legislate me out
you know what that’s it it’s not a
difference of opinion like do I agree
that somebody fingerprint it or not and
put signage on my car that’s an opinion
you can stay in Austin but these are the
rules in Budapest we want you out and we
want you gone and the Hungarian
government did that so there you have it
again the three things were uper
fighting a lawsuit in California when
people were saying were employees versus
independent contractors and holding
their ground appropriately and
ultimately settling it to move everyone
forward then lost in austen you know
reacting I think too strongly to a
simple regulation from the government
that was a crime fingerprinting but
encouraging them to stay in town and
keep operating that they chose to leave
and then the third one when Hungary
basically just shut the door with
government regulation now causing
drivers to be penalized for three years
losing your license for a new bird
driver and there is no choice but to say
you know what I’m done and your people
of Hungary Lu
and those are the three instances that I
think underlying ubers maturity you
could look up and find 10 other things
that they have fought and worked through
over the last two years as their company
grows to a mature great global
organization and each time you’ll find
uber bringing people and knowledge to
bear to try to negotiate it and move
their company forward as a matter of
fact if you take a look they’ve hired
david paulo who have worked on obama’s
2008 presidential campaign and they
brought him on to help the company
navigate the US government and to help
with laws and engaging with the
government in the dialogue of all things
that would involve ride-sharing
companies that’s a sign of a mature
hang on hang on hang on no sooner than
we had finished filming went to editing
when we found out a headline had broke
Chan Zuckerberg initiative hires pop
uber advisor David Paula in other words
Mark Zuckerberg poach david paul off’
away from uber so it was still a really
good idea to hire david paul up to do
regulatory affairs for uber but
unfortunately another big company has
just poached them and so we have to come
back with this little news day anyway
again whether you find yourself on the
steps to capitol hill or just at city
hall there are lessons to be learned
here as you drive your company or build
your small company tomorrow and wade
into the ocean of disruption because as
today’s two core point said defenders of
the status quo don’t want change they
want all the benefits of technology and
change that they don’t want it to impact
the way they do business and second
growth is going to bring regulatory
response someday and be ready to engage
with all of it and be flexible that’s
this week’s case study i hope you
enjoyed it Paul I need the pillow the
pillow okay the new pillow this is thank
you for watching value tame it please
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