Much remains uncertain after the passage of AB 5. While the law came into effect on January 1, legislators and judges are still deciding how some workers, such as writers , should be treated under the rules. Uber and Postmates filed a lawsuit saying lawmakers overstepped their authority. Also under debate is the future of the contractor workforce—whether the new rules will prompt some companies to ditch their workers, as the gig companies have suggested, or to hire them as employees, as labor advocates hope. A third option would put workers somewhere in between, as W-2 employees of a company like BlueCrew.
San Francisco saw an early glimpse of that trend in October, when the city required companies bidding for scooter operator licenses to hire W-2 employees for tasks like charging and repairs. Members of the local board of supervisors bristled upon discovering that all but one of their approved vendors planned to use staffing firms, rather than hire employees directly, singling out BlueCrew as an example. The board passed a nonbinding resolution asking the city transit agency to force scooter companies to hire employees directly.
Three of the four companies selected by the city—Lime , Uber, and Bird-owned Scoot—told WIRED they still use staffing agencies to hire W-2 employees. The fourth company, Ford-owned Spin, committed to hiring employees directly . Spin employees have since unionized with the Teamsters.Roston notes that gig industries built using contractors, like scooter shares, remain a relatively small part of BlueCrew’s business. The company was founded in 2015, when the storm clouds of employee misclassification were still on the distant horizon, and has focused on more traditional temp jobs, like warehouse work. But BlueCrew potentially stands to benefit if AB 5-like laws spread elsewhere and more gig jobs shift away from contracting. Already at least one of its competitors, Wonolo, which pairs more than 300,000 workers with jobs in industries like warehouses and retail, has said it will stop listing California jobs. Rachel Kim, a company spokesperson, told WIRED that the company, which primarily uses contractors, did not want to be in a position of policing which positions were legal under the new law. Wonolo’s departure was earlier reported by the San Francisco Business Times.
Vermont’s Department of Labor wrote in a 2017 bulletin that the “usual course of [Uber]’s business is the provision of a technology platform to its drivers, in exchange for a service fee.” But one federal judge in California called the distinction between technology and transportation company “fatally flawed.” (Uber settled that lawsuit by workers in March 2019, for $20 million.).
Indeed, most “gig” work predates apps, says Susan Houseman, a labor economist at the Upjohn Institute. Companies have long used temp agencies to give themselves more flexibility, whether to manage seasonal demand or reduce the likelihood that workers organize. But she’s seen a surge in interest among both startups and traditional staffing agencies in algorithmic work assignment. Even Uber itself is getting into the business. In October the company launched a staffing platform called Uber Works. It expanded to Miami last month, offering food service jobs just in time for the winter vacation rush. Uber is working with staffing agencies, who do the actual hiring.For workers, there’s obvious appeal in signing on for W-2 work, as opposed to contracting. Employees receive basic guarantees like a minimum wage and overtime pay. Roston highlights workers compensation as especially important in warehouse roles and tasks that involve driving. Per Obamacare rules, health benefits are also on the table, provided you work more than 30 hours per week. In all, companies using BlueCrew can expect to pay 30 to 50 percent more than the base labor cost.
A Bet on Uber Is a Bet on Self-Driving