Day: November 7, 2020

Human Capital: The gig economy in a post-Prop 22 world

Welcome back to Human Capital and congrats on making it through one of the hardest weeks of the longest year.

Now that the Associated Press has called the election in favor of Joe Biden, it should be good news for DEI practitioners, who expressed some worry they’d be out of a job if Trump was allowed to continue on his path of destruction.

Meanwhile, over in California, the Uber and Lyft -backed gig worker ballot measure, Prop 22, passed. We’ll get into what that all means and the implications moving forward.

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Gig workers will continue being independent contractors in CA

As y’all may have seen by now, the Uber and Lyft-backed gig worker measure, Proposition 22, passed in California

The current count is 58.4% in favor of Prop 22 and 41.6% in opposition. Below, you can see how mostly counties in Northern California along the coast drove the opposition. 

That means gig workers will continue to be classified as independent contractors in the state. It also essentially makes these gig companies exempt from AB-5, the gig worker bill that went into law at the beginning of the year. Lastly, it means we can expect these gig companies, which spent $205 million on the ballot measure, to seek similar legislation in other states.

“To get Prop 22 passed, gig companies — which have yet to turn a profit — spent a historic $205 million on their campaign, effectively creating a political template for future anti-democratic, corporate law-making,” Meredith Whittaker, co-founder of AI Now Institute and Veena Dubal, professor of law at the University of California, Hastings, wrote.

On Uber’s earnings call this week, Uber CEO Dara Khosrowshahi said the company would “more loudly advocate for laws like Prop 22” throughout the U.S. and worldwide.

Meanwhile, labor groups are already planning their next steps forward. Partnerships for Working Families, for example, is considering potentially lobbying the hopeful Biden administration’s Department of Labor for better federal laws for worker classification, according to Cal Matters. Other options entail suing for issues around worker’s compensation requirements or the ⅞ supermajority needed to amend Prop 22.

Below are statements issued over the past couple of days from interested parties.

Uber CEO Dara Khosrowshahi to drivers: “With this vote, drivers and delivery people will get what so many of you have been asking for: access to benefits and protections, while maintaining the flexibility and independence you want and deserve.

The future of independent work is more secure because so many drivers like you spoke up and made your voice heard—and voters across the state listened.”

Lyft Chief Policy Officer Anthony Foxx: “California voters have spoken, and they stood with more than a million drivers who clearly said they want independence plus benefits. Prop 22 is now the first law in the nation requiring health, disability and earnings benefits for gig workers. Lyft stands ready to work with all interested parties, including drivers, labor unions and policymakers, to build a stronger safety net for gig workers in the U.S.”

DoorDash CEO Tony Xu: Passing Prop 22 is a big win for Dashers, merchants, customers, and communities. Californians sided with drivers, recognizing the importance of flexible work and the critical need to extend new benefits and protections to drivers like Dashers

Gig Workers Rising: “Billionaire corporations just hijacked the ballot measure system in California by spending millions to mislead voters. The victory of Prop 22, the most expensive ballot measure in U.S. history, is a loss for our democracy that could open the door to other attempts by corporations to write their own laws.” 

Gig Workers Collective: “Our organizing has always been untraditional since we aren’t classified as employees and don’t have the legal protections to organize or unionize, but we still found a way to build worker power and fight back. We’re disappointed in tonight’s outcome, especially because this campaign’s success is based on lies and fear-mongering. Companies shouldn’t be able to buy elections. But we’re still dedicated to our cause and ready to continue our fight.” 

DEI professionals hope for a Biden administration

Uber Chief Diversity Officer Bo Young Lee said on Twitter that for many DEI professionals, “the results of the election will impact how we do our jobs and may even impact if we have jobs in the long term.”

Now that Biden is the presumptive president, the change in the administration will likely mean a change in the executive order banning types of diversity training for federal contractors.

Late last month, three civil rights groups filed a federal class-action lawsuit challenging the Trump administration’s execute order. That suit came after Microsoft disclosed that the U.S. Department of Labor Office of Federal Contract Compliance Programs contacted the company regarding its racial justice and diversity commitments made in June.

Shine app founder talks mental health for Black people and people of color

Shine app co-founders Naomi Hirabayashi and Marah Lidey

On this week’s episode of Mixtape, we spoke with Shine app founder Marah Lidey about mental health. We spoke about the psychological and physiological manifestations of racism, the adverse effects of 2020 and how Black death isn’t new, but it’s finally getting global attention.

“Nothing necessarily new is happening with Black people dying in the streets,” Lidey said. “[Black people] all know that. But when all of your friends and co-workers become aware in this very new way and want to understand and want to share and want to ask you questions and you’re watching this play out at this national level and you’re bombarded at the global level, right I mean, this is in our DNA. Our cells were in the cells of those people who were enslaved.”’

You can check out the full conversation here.

Yelp adds a new director to its board

Yelp announced the addition of Tony Wells, chief brand officer at USAA, to its board of directors. Wells also just so now happens to be Yelp’s only Black director on the board.

“Tony is the fifth Board member we’ve welcomed to Yelp over the last couple of years, as we further diversify and refresh the Board’s collective expertise in relevant verticals in order to best serve the company and our shareholders as we embark on our next chapter,” Yelp CEO Jeremy Stoppelman said in a statement. “We welcome Tony’s creativity and perspective, and we are thrilled to have him join our Board.”

This is your chance to watch all of the Autumn Nations Cup for free

This is your chance to watch all of the Autumn Nations Cup for free

TL;DR: Watch all the Autumn Nations Cup games in November and December for free with Prime Video.


Live international Rugby Union is coming to Prime Video in November and December, and you can watch the action for free.

If you are not already a Prime member, you can sign up to Amazon Prime for £7.99 per month or pick up a 30-day trial. This means you can watch the Autumn Nations Cup for free if you start your trial right away, with the final game taking place on Dec. 6. 

Your subscription will automatically renew for the full price at the end of the 30-day trial period, but you can cancel this at anytime. You might decide to continue with the popular service, but if it’s not for you, there is no obligation to continue. Read more…

More about Rugby, Mashable Shopping, Prime Video, Shopping Uk, and Uk Deals

Long concerned about climate change, VC Steve Westly is feeling electrified

A former controller and CFO of the state of California, Steve Westly is passionate about government. The onetime eBay exec and early Tesla board member has also been a proponent of clean energy for roughly 30 years, so he’s feeling optimistic right now, with former U.S. VP Joe Biden amassing a growing number of electoral votes and widening his leading Donald Trump as he inches toward an election win.

We talked earlier today with Westly, who founded the venture firm The Westly Group 13 years ago and which is currently raising up to $250 million for a fourth fund, according to SEC paperwork filed earlier this week. We wanted to know whether he thinks Biden will be able to achieve any part of his climate plan in the likely scenario that Republicans continue to control the Senate. We also wondered what he makes of VCs leaving California, and where he sees the most opportunities right now. We kicked off our conversation with the news of the day. Our chat has been edited lightly for length.

TC: As we talk, Joe Biden looks to be on the cusp of winning the U.S. presidential election while Donald Trump continues to tweet about taking his claims about a rigged election to the Supreme Court. Are you concerned about that rhetoric, given that Republicans don’t seem to be pushing back against it?

SW: You have to be worried about such things, but I think most people are looking at the big picture. This is not going to be a 270 to 268 [electoral college] vote. Biden might get 290 to 306 [electoral votes]. It’s a decisive difference. He also received more than 4 million more [popular] votes than Trump. The people have spoken, and they’ve spoken loudly.

There are rules in most states that say if you aren’t within a percent or half a percent — i think [Biden has a] 1.6% [advantage] in Nevada and 1.4% [lead in] Arizona right now — there won’t be a recount. I think his lead in Pennsylvania will rise to 100,000, so the window [for a Trump win] is diminishing pretty quickly.

I am also seeing more Republican officials, like Senator Bob Toomey of Pennsylvania, saying that ‘we count the votes, we follow the rules, what the president is doing is irresponsible, and it’s time to move on.’

TC: Has the Westly Group’s mandate has changed over time? When the firm was first formed, it was one of the only pure ‘cleantech’ venture firms.

SW: Sustainable energy has become the new hot thing and it makes me laugh because I’ve been involved in energy for 30 years [including in government roles]. I wrote two books on the future of energy in the ‘80s, so I’ve been at this a bit.

Our thesis continues to be that there are revolutions occurring in smart energy, mobility and smart buildings, and they are being driven by renewable energy, which costs less than carbon-based fuels in virtually every part of the world today, from the U.S. to India to Africa. That’s not a political statement; it’s a fact.

Fully 70% of new energy coming online now is sustainable, so people are smart to pay attention to that. Because costs are going down and the cost of storage is going down precipitously — the cost of lithium ion batteries came down so much that we reached an inflection point in 2018, and the cost of a kilowatt per hour costs less than $150 now  — everybody is going electric.

Carmakers haven’t wanted to say this publicly because it freaks out shareholders, but we’re headed toward a world where the majority of energy will be sustainable in the near future and most of the cars will be electric, and that will happen a lot faster than people think.

Buildings play a key role, too, because they’ve historically been dumb; now they’re digitized buildings with power storage, and soon every home, building, hospital, and university [will run off digitized energy] and you‘ll see arbitrage happening continuously between buildings, homes, and vehicles, where people won’t pay a penny for electricity or gasoline every again. A decade ago when I said this, people thought I was nuts, but now California requires that all newly constructed homes must have solar panels.

TC: What does all this lost revenue mean for PG&E, the company that powers most of Northern California and whose infrastructure is already crumbling and causing wildfires?

They should follow the lead of smart utilities like Duke [a Westly Group investor] and European companies that are moving beyond traditional revenue streams to new revenue streams. Every utility today has a menu, and if yours only features electricity ions and gas molecules, that’s not a good menu. It’s like saying we have soup and meat, period. These companies should have a special menu for residential customers and a different menu for commercial and industrial customers and they should be thinking about installing power walls and putting solar on roofs; they should be thinking long-term contracts, like even financing electric vehicles.

TC: PG&E is in a bad spot, but California may be, too, as a lot of people leave the Bay Area, citing taxes, among other reasons. Are you worried about a broader movement out of the state and what it could mean?

SW: This is the big question of the next 10 years. California is about to face a wall of debt. We’ve gone from a surplus to what could be a $40 billion deficit in a very short period [because of COVID-19].

This year will be covered a little because there’s still an active IPO market [as capital gains are taxed the same as income, making the state heavily dependent on the stock market]. But there are 12.6 million Americans out of work, and a disproportionate number of them are in California, so likely a Democrat-controlled legislature will try and start to pass a series of taxes.

Prop 15 [which would have taxed properties based on their current market value rather than purchase price and would have increased property taxes on commercial properties] failed, so this will be an ongoing issue. Still, if we continue to raise taxes, we run the risk of losing entrepreneurs to other states. I know firsthand many friends who have moved to Austin. We need to have a balanced approach to managing out expenses without pushing people off to other states.

TC: Any bright ideas on that front?

SW: I was the CFO of California, and your option beside taxing more is spending less. Those are the choices.

Longer term, we need a major overhaul of the tax system so we aren’t aren’t so dependent on capital gains, which is a roller coaster system where when you hit a trough in the market, you have to go and lay off a bunch of teachers, then try to hire them back when the economy is better.

TC: It’s looking like Joe Biden is going to win the election, but there’s also a strong chance that he’ll be working with a Republican-controlled Senate. Meanwhile, climate change was not in the top five concerns for voters of either party. Does this can get kicked down the road again?

No, it just means they’ll have to work together and that he’ll have to go directly to the issues that are most popular to get them through.

Trump had no clue that sustainable energy is immensely popular today and that some of the states that used to block green initiatives — including Texas, North Dakota, and South Dakota — are increasingly becoming wind and solar powers, such that their senators who used to say, ‘natural gas forever’ are also saying that solar and wind are employing more and more people in their states.

TC: What do you see as first steps?

SW: Biden will bring the U.S. back into the Paris climate agreement. You’ll also see him at the front of this global movement toward the electrification of everything, and there will be support for EVs and support for sustainable energy.

You’ll also see some sort of penalties or restrictions on carbon-based fuels because of the increased data we have that carbon in the atmosphere is causing public health problems, reducing air quality and that large insurance companies are having to pay for [these things]. Now that Munich Re and others say, ‘We pretty much know what the cost is, and we’re charging you back,’ the government can use that data to charge carbon producers appropriately.

TC: Traditional energy companies– the biggest carbon emitters — say they’ve resolved to address this problem. Do you think that’s mostly optics?

SW: A lot is optics, but it’s also a realization that you either change your business model or you go down with the ship. You don’t want to take the Kodak approach. You want to be Apple and reinvent yourself.