Pittsburgh Post-Gazette

Uber and Lyft consider franchise model in Calif.

- By Kate Conger

OAKLAND, Calif. — Uber and Lyft, which are facing mounting pressure to classify their freelance drivers as employees in California, are looking for another way.

One option that both companies are seriously discussing is licensing their brands to operators of vehicle fleets in California, according to three people with knowledge of the plans. The change would resemble an independen­tly operated franchise, allowing Uber and Lyft to keep an arms-length associatio­n with drivers so that the companies would not need to employ them and pay their benefits.

The companies have not committed to the franchise-like plans, said the people with knowledge of the discussion­s, who asked to remain anonymous because the details are confidenti­al. Uber and Lyft are waiting to see how California’s legal situation around drivers, who have been treated as independen­t contractor­s, plays out first, they said.

Matt Kallman, an Uber spokesman, said the work on establishi­ng fleets was “explorator­y” and that the company was “not sure whether a fleet model would ultimately be viable in California.”

A Lyft spokeswoma­n, Julie Wood, said the company had looked at alternativ­e models but favored an approach where drivers “remain independen­t and can work whenever they want while also receiving additional health care benefits and an earnings guarantee.”

The ride-hailing giants are considerin­g how to retool their businesses as they grapple with a new California law, Assembly Bill 5, which could upend their services. The law, which was designed to grant employment benefits to gig workers, could force Uber and Lyft to categorize drivers as employees if it was shown that the drivers’ jobs were part of the companies’ core business.

Although the law went into effect in January, Uber and Lyft have not complied with it, arguing that they are simply tech platforms and are not transporta­tion businesses. In May, California sued Uber and Lyft to enforce the new law.

Their clash with the state is set to come to a head this week.

“If our efforts here are not successful, it would force us to suspend operations in California,” John Zimmer, Lyft’s president, said in an earnings call last week. California accounts for about 16% of Lyft’s business, he said.

Dara Khosrowsha­hi, Uber’s chief executive, also said last week in an MSNBC interview that the company’s ride-hailing services in California would stop, at least temporaril­y, if the order was not changed.

“It’s a fork-in-the-road situation,” said Dan Ives, a managing director at Wedbush Securities who tracks the ride-hailing industry. “These are some of the tough decisions they need to make to save their business model.”

Uber and Lyft, which are based in San Francisco, have long considered their drivers to be contractor­s. That means that drivers are responsibl­e for their own vehicle and maintenanc­e costs and that Uber and Lyft do not pay for overtime, unemployme­nt insurance or other expenses.

The companies have argued that this freelance model allows drivers to drive only when they want to. But critics have said it places unreasonab­le financial burdens on drivers and gives Uber and Lyft unfair advantages over businesses that follow employment laws.

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