ADP Begins to Roll Out a Zenefits Competitor
blog.zenefits.com
blog.zenefits.com
EDIT: Also, all of their press releases sound very immature.
The way this works is that you, as an ADP client, call them up and says "hey, I've asked my HR firm, XYZ-HR, to manage my payroll. Can you create an account for them to access my payroll system?" ADP creates this account, and XYZ-HR then handles all the payroll admin work going forward -- adding employee, terming them, inputting hours worked, managing deductions, etc.
This is how this has worked for years, and it's how thousands of companies do this via ADP. Even today, as an ADP RUN client, you can call in and add any third-party person you want as an admin to your payroll system -- as long as it's not Zenefits. ADP has marketing materials that describe this feature, both for companies and HR / bookkeeping / accounting firms. This is how Zenefits was accessing client's payroll, and doing so in order to take on all the administrative work related to payroll that you don't want to handle. We weren't "hacking" anything. We were doing this at our customers' request, with their full knowledge of what we were doing, and ADP set up these accounts with @zenefits.com email addresses, knowing it was Zenefits.
There is nothing improper about how we were doing this.
You were automating it, weren't you?
With bookkeepers, accountants, etc. the login and work done on the system was manual. It was an actual person doing it.
In your case, a computer is doing it instead.
Virtually every site out there, from Facebook to Twitter, prohibits the use of bots and scraping. Not surprising ADP isn't a fan.
What is surprising is that you feel you're entitled to access their system however you want? It's their system. If they want to prohibit bots and allow only people, that's their biz. If you think ADP is full of it, create your own system with a public API and put them out of business.
So they will create an admin account for a person - a single, human individual.
> In addition, Zenefits’ method of extracting data from ADP’s RUN system via “screen-scraping” put excessive demands on ADP’s servers, potentially impacting service delivery to the entire client base.[1]
If you weren't using the API, and instead were having a machine log in to access the data, that is pretty much the definition of scraping. There is a difference between a person using an admin account setup for them to log in and perform a certain set of actions and hundreds of accounts setup for the purposes of continual automated logins.
How many requests did you make? Do you rate-limit your queries to the rate of a human-being (maybe 1 click every couple of seconds)? Do you only login to one or two accounts at a time?
I still don't see a valid reason why any company (big or small) should have to invest resources in supporting a third-party that wants to use its data in an unsupported manner. Of course you can argue that they allowed it in the past, but an entire business shouldn't rely on unsupported access to something without the assumption that it could disappear at any minute.
[1] http://techcrunch.com/2015/06/10/adp-sues-zenefits-for-defam...
I believe we had incurred over $50,000.00 in fees before we ever reached the testing stage or purchased the right to use the API (that license is on a client by client basis, too). That $50M number was fees directly to ADP, and does not include our own payroll and expenses.
We were completely bootstrapped and started with about $70M in the bank, yet we were still able to complete that integration. I can't see how a company with over $500MM in funding[0] couldn't unless they were prohibited by ADP.
Of course, ADP doing that is not doing right by their customers, but who cares, they're just cash cows.
Where it seems to have worked: Uber, Paypal, et al.
Where it failed: Twitter clients, Craigslist front-ends, et al.
https://news.ycombinator.com/item?id=9694530
The "right way" is hard, and more likely to be painful, certainly. But when you're done, you're done. The "forgiveness>permission" way has the added downside of your customers getting screwed too, and likely considering litigation.
Every U.S. business gets sued, it's the American way.
As a gratuitous side-note: despite the HN hatred of Uber (and I'm one of those who hate the company), the company wouldn't be growing if it's users didn't love it. Unlike the other most hated companies--mainly airlines, cable TV providers, and telecomms--users of Uber can very easily choose to use an alternative. Here in NYC, the alternative--flagging down a yellow cab--is probably actually easier to use than Uber, yet everyone I know uses Uber anyway. They're clearly doing something right.
I feel like maybe the point of my post was not completely clear, though: this would not be a problem, and Zenefits would not be doing this, if ADP was good (not good in the "not poor software" sense, but good in the moral sense). And we should be faulting ADP for not being good to its customers, not Zenefits for trying to bring good to ADP's customers.
Furthermore, a profit-seeking corporation shouldn't really be on the moral scale to begin with. At best, they should be amoral, that is, not involved at all in morality. Their primary goal is, and should be, to earn more money, not to be good citizens of the world.
I would suggest it's much better for the laws and regulations to be setup so a profit seeking company would end up being a net benefit. But, suggesting company's should for example try and corrupt politicians in the name of profit seems rather dystopian.
PS: It could even go the other way where a CEO feels it's his patriotic duty to aid his government so he wants to start a bio-weapons division. The point is not the choice the point is why it was made.
You are very much mistaken. Society provides the corporation with legal protections and recourses as a fictive person with the understanding that the corporation's existence betters the society, betters the people within it. When this agreement is breached, the society can--though, unfortunately, rarely does, due to globally weird veneration of toxic behavior as "just business"--destroy it. (It has happened before. It should happen more often.)
And let's be really real for a sec: if you look at the stretch of history, neutrality is effectively tacit support for bad behavior. And from a practical perspective, a call for "amorality" is tacit support for immorality.
You access HN by your browser, the same as Zenefits' customers accessed ADP services indirectly ..
The point is where to put the line between what's a good allowed access, and a bad too-much-indirection access
The existence of a public interface usable by humans (a web app) does not in any way imply the existence of a machine-usable protocol for accessing that same functionality. If you infer one, you do so at your own risk. By the same token, the existence of a machine-usable interface that is not public does not imply a contract that it will continue to exist.
If you build your business on an imagined contract, be prepared to have a bad day when the other "party" to the non-contract "violates" it.
Is that non-implication better for consumers? For people?
If not, why should it exist?
Machine-usable protocols is what make possible to humans use public interfaces (web apps)
When was the last time that you injected electricity to a cable to send a HTTP request?
How is that relevant? Putting up a web site does not obligate you to then do more just because it would be even better.
Imagine if a company asked for your Google password instead of using the proper API channels. I don't know many users who would do that.
This would be more like creating a new Google Apps email account for someone, and allowing them to use it to (e.g.) manage things on your Google Drive (by sharing a group folder with them).
How many companies hire a 3rd party accounting / HR firm (or person) to manage their bookkeeping? How many of them create an ADP admin account for these people so that they can manage payroll? How is this that much different than Zenefits?
I'd go the Zenefits route too [and we do for our automation in relation to ADP precisely because ADP's API is insufficient]
I don't think the issue is as cut and dried as the typical web scraping situation and I wonder how HN readers feel about this kind of thing. The data belongs to the client. The client chooses to use both services. Should it matter how the client accesses their own information from the service? Are they required to use a web browser? Would you feel the same about them using their own wget script to automate interactions ADP? At what point does it become improper to access a service differently than that service wishes you to access it?
I don't think so either. Would people feel the same if a store banned wheelchairs? You can write a EULA however you want, but I don't think you should be able to enforce arbitrary provisions which harm customers and potentially violate the Americans with Disabilities Act. Probably this has nothing to do in practice with accessibility for disabled people, but it is related to accessibility and user experience for everyone.
(Disclosure: I write web scraping software... nothing related to this. Also I'm speculating about general circumstances, not individual companies, so please no libel lawsuits :)
From a legal perspective, the profit-making purpose is irrelevant. Improper access matters when you start using the service.
Why? They are having to pay them and then buy your services for data entry. This is no more unethical than hiring someone to do your banking for you.
Violating an EULA by doing this may be unethical, but in that case, it is violating the EULA that is unethical, not the general practice of providing a new interface.
> Improper access matters when you start using the service.
I don't know what this means.
You end up feeling both sorry and a sour taste in your mouth for both companies. They're both obviously very good at "spin" and drumming up PR to win support of their audience.
I previously thought things would get settled amicably, out of court, with Zenefits saying "sorry", ADP saying "its okay" and the 2 companies settling on some decent structure to use ADPs API (or whatever thing they use for 3rd party access).
Now we are dealing with a situation where this is basically corporate-warfare hitting the "lala-land" of Silicon Valley.
Google, Apple, Microsoft and other tech companies generally have this corporate warfare amongst themselves and they also sometimes move in on other industries, catching those players off-guard.
With that in mind, and also the fact that Zenefits can no longer be classified as a startup - with +50 (or is it +100 employees) and a startup valuation of US$+4,5 billion - this is just another case of corporate warfare.
I shall now neither pity or care for either party of this story, because no matter how good the "spin" from each side is, this is just business as usual.
Any wall-street raider using HN may agree.
Edit: I'd also like to see how much longer this "post" stays as link number 1 on this platform, instead of getting "washed away" like yesterdays ADP link. Then we can also know for a fact that YC is actively pushing the agenda with their corporate interest in Zenefits (and proof that not all "good links eventually surface to the top", without someone pulling some admin-user strings at the top)
Ha, because of all of the manual entry they have to do as of February 2015 Zenefits had over 500 employees. When the CEO went on TWiST just a week or two ago he said they were over 1,000 and hiring 100 new employees a month.
They're burning hard and fast.
This common misconception that big companies are hide-bound dinosaurs is dangerous for any start up to hold. Most large companies are indeed oblivious, but some elephants - if you tweak them hard enough - turn around and stomp you.
Always respect your competition. Some of them may be smarter than you think.
Like I told someone at a Silicon Valley enterprise/health meetup last year... if you saw a startup with $50M annual revenue, you'd think they're huge, right? I've worked on three different projects larger than that, and they're all small potatoes in their enterprises.
I think they ought to adjust their strategy.
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A positive message would give people who don't know you a reason to check you out and your existing customers confidence that you are competent to overcome the current situation.
Right now it feels like they are just trying to justify why they failed... even if the succeed in blaming ADP they still fail.
I can see merit in both parties' cases against the the other, but I can see a ton of shenanigans on both their parts as well.
I would have blocked them too. It looks far too much like malice from the ADP side of things where it could be bot nets or something else versus a legit company.
1)Zenefits has always known this could happen or at least they should have. You have to play nice with ADP. Because if they don't work with you, you are dead.
2)Zenefits has a super young CEO who doesn't know what he is doing. Where is David Sacks in all of this? Isn't he the adult supervision here? Maybe he hasn't run anything at this scale before? Maybe he and his Yammer gang don't know how benefits and healthcare work?
3)What were the VCs who invested at $4.5B thinking? Any technical due diligence would have brought this up. You had to clear this as a diligence item before you put a dollar into the company.
4)The lawsuit is a shakedown. Its time for ADP to collect its dues. Its nothing more than that. I expect ADP to extract a huge premium and then play nice with Zenefits in an out of court settlement. Everyone will have a face saving PR release after that. But isn't it interesting that this happens after they pick-up their $500M round? I have heard rumors this was going to happen in September last year. ADP waited until now. What a pest.
4)Time for Parker to go and be replaced with someone who has run billion dollar software companies before. And that's not Sacks.
Just figure out the application and OS/browser rendering the email and compare each possible email/name combination with this.
It is like a one-way hash with a fairly small set of possibilities. May be a few hits though, rather than just one.
Zenefit's product is a glorified remote bookkeeping service in which you enter data into the Zenefits website and they re-enter it manually, and usually incorrectly, into the ADP website and scrape the results, usually incorrectly, so they can post a response several days later to your Zenefits account page.
One is a SaaS (ADP) and the other is a remote data-entry service (Zenefits). Completely different. It's hard to argue that Zenefits should even be considered a tech company, since most of their "integration" functionality is driven by manual human labor and not technology. At best, Zenefits is a data-entry service with a nice, shiny UI.
EDIT: Also...the new product is actually just an offshoot of an existing product that my firm has been using for nearly a year. The new product, Opum, is simply the small-to-medium business version of one of ADP's existing enterprise cloud payroll/benefits products. It even uses the same (new) interface as the enterprise product.
> “We are coming out with a product to compete with Zenefits, a full service integrated online payroll and benefits solution.”
I can't seem to argue with Zenefits stance that they are being sued for complaining that their access was cut off in an attempt to kill them off while ADP launches a similar product... On top of that who is ADP to cut off access that their clients are paying for? It doesn't matter if a human logs in or a computer, the cost to ADP is the same. Here they are blocking access for no legitimate reason while launching a competing product. This whole things stinks and I think the smell is coming from ADP....
That's not their claim. Their claim is that the reason they were cut off was because of this product launch. They haven't presented any proof of this.
Simple fact is, the claim is coming from a company that has already made it clear they are doing things they should not be doing. They have the burden of proof. They have a mountain to climb.
Edit: As mentioned in the GP comment, this claim is also false:
"Within the same hour they filed suit, an ADP sales rep started selling a brand new Zenefits competitive offering — called “Opum” — to our shared clients."
I'm troubled by this assertion. I know firsthand that ADP will actively fight attempts to integrate with them; their APIs are bad, poorly documented, and have reliability problems. Should somebody attempting to do well for the customer--and, yes, make some money, but it's not like Zenefits is inventing problems to solve--not do well by the customer first and foremost?
Like, from my perspective: forget ADP, forget Zenefits. Is this better for the customer?
I'm sorry, but I've seen numerous comments to the contrary.
Regardless, that they have APIs and documentation, regardless of your opinion of their quality, only supports my assertion.
ADP is not a monopoly.
Zenefits built a model that vaguely value adds onto ADP by using a more modern web stack.
I'm no huge fan of ADP, but they're being generous to even consider themselves to be competing with Zenefits.
Signed,
Someone who worked on ACH for nine years.
ps: I'm pretty sure they're trying to do just that. But you have to consider just how incredibly difficult ACH is - not just from a coding perspective, but from a regulatory perspective. Banking and accounting legal entities need created.
pps: ADP knows good and well that Zenefits is working on their own ACH implementation with their buckets of cash. This is a preemptive strike.
On a side note, can we name[0] these strategies just as they do with chess moves so that when someone says "pulled an XXXX", it encapsulates the move and references it. On a long run there could be a website which defines these and references all the previous attempts and responses. I think it would be very useful for founders/team when they are short of time and are brainstorming counter moves. Also perhaps we would internalize these patterns just as a GM does.
[0]: If there is already a resource I would like to know about it.
It's not a fun bet.
> It doesn't matter if a human logs in or a computer, the cost to ADP is the same
In the response that ADP posted a couple days ago, they said that the traffic from Zenefits was several orders of magnitude higher than what normal customers were using. If that's true, then the cost could well be higher for them.It's understandable that they're upset but they should work to keep these problems from spreading outside of their legal team and not get flustered with their competition. From the sound of it they've completely taken their eye off the ball for this distraction and it could easily pave the way for ADP to steamroll them competitively while they sop up their tears.
When they've already been cut off, it's a bit too late for that.
I don't mind if part of the company spends a couple days focusing on this. They need to figure out a plan for the customers that got cut off, too.
It doesn't sound to me like they've "completely taken their eye off the ball". What are you basing that on?
I wish one of the YC tests for "how smart are these founders?" was "do you think spam is a good growth hack?"
To be honest, the obvious first growth hack is spamming... anybody can do it. Finding a way to leverage an existing audience without cheating or engaging in slimy behavior takes real thinking....YC companies doing this at some point starts to reflect on YC (And these are not the only two instances of this, it seems like every YC company does it to some extent.)
Which does not bode well for their lawsuit, but I don't think they're out to win that anyway.
See: Twitter, Facebook, and even Google. All of these companies have destroyed 3rd party companies by basically using them as a test base for new ideas and features and then directly competing (and many times, cutting off the 3rd party completely).
If you are going to base your entire company off of a 3rd party, you better have a plan B if they completely cut you off.
If it wasn't such a big deal, it wouldn't be all over the Internet.