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Silicon Valley Workers May Pursue Salary-Fixing Lawsuit

First time accepted submitter amartha writes with news that a lawsuit alleging Silicon Valley companies of colluding to lower wages is going forward as a class action. From the article: "Roughly 60,000 Silicon Valley workers won clearance to pursue a lawsuit accusing Apple Inc, Google Inc, and others of conspiring to drive down pay by not poaching each other's staff, after a federal appeals court refused to let the defendants appeal a class certification order."

130 comments

  1. Collusion, in tech? by Anonymous Coward · · Score: 0

    I'm shocked. You mean large tech companies conspired to fuck over their employees?

    Say it isn't so!!

    1. Re:Collusion, in tech? by Anonymous Coward · · Score: 3, Insightful

      You're clearly wrong on this. You incorrectly had the word "tech" in that sentence, inaccurately limiting its scope.

    2. Re:Collusion, in tech? by i+kan+reed · · Score: 3, Insightful

      Hey, hey, that's not fair, large tech companies have also conspired to fuck over their customers and suppliers. We just have proof about employees.

      (I don't know why we call our economy free-market, when regular people don't get a chance to participate in a free way).

    3. Re:Collusion, in tech? by DiEx-15 · · Score: 1

      It is nothing new. Happens all the time in other industries.

      Only difference is that other industries aren't as vast as Apple or Google and aren't in bed with the NSA.

    4. Re:Collusion, in tech? by tomhath · · Score: 1

      That's why there are laws in place that give these employees the right to sue. If the companies did something wrong they will pay the price.

    5. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      Watch now as the slashdot lolbertarian crowd insists that corporations should be allowed to collude to fix salaries, and that this lawsuit is just more government coercion of the blessed Free Market.

      Your salary is merely another sacrifice that the dread god Freem'Arkhet demands! Do not contravene His will!

    6. Re:Collusion, in tech? by mjr167 · · Score: 4, Insightful

      No... the lawyers will get rich, the workers will get fired, and the company will continue business as usual.

    7. Re:Collusion, in tech? by Moryath · · Score: 4, Insightful

      Eventually.

      After years of appeals, attempts to bury the employees in mounds of paperwork and bleed them dry on legal fees.

      Followed by appeals over whether or not the defendants, if they lose, have to pay the plaintiffs' legal fees too...

      Meanwhile, The H1-B Scam is alive and well, just two stories down from this one on the front page...

    8. Re:Collusion, in tech? by 0123456 · · Score: 2, Insightful

      Corporations were created by governments, so they woudln't even exist in a free market.

      But don't let that spoil your rant.

    9. Re:Collusion, in tech? by Anonymous Coward · · Score: 2, Insightful

      I don't know why we call our economy free-market, when regular people don't get a chance to participate in a free way

      Because the people who keep braying about the 'free market' are incapable of understanding that it's a purely theoretical construct which has never existed, and which will always be abused by the players -- thereby wiping out most of the claimed benefits we'd get from it.

      The free market is an ideology, which means it is defended the same way -- loudly, uncritically, ignoring the problems with it, and telling us that if they could only force us to adhere to it, it would magically show how awesome it is.

      Pretty much the same thing the Communists said.

      Both Communism and Capitalism can't (and don't) exist as their proponents claim, and can't (and don't) work as advertised.

      But both are willing to let the world burn to bring us all to their glorious new world.

    10. Re:Collusion, in tech? by ShanghaiBill · · Score: 2

      After years of appeals, attempts to bury the employees in mounds of paperwork and bleed them dry on legal fees.

      Uhh ... this is a class action lawsuit. The employees don't have to do any paperwork, and their legal fees will be precisely ZERO. That is the way class action lawsuits work. The lawyers take all the risk (and also reap much of the rewards).

    11. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      Nah, the Lefties will rush in claiming the only way to solve this is by unionizing and striking so the evil corporations go out of business or overseas. Problem solved.

    12. Re:Collusion, in tech? by i+kan+reed · · Score: 2, Insightful

      Murder laws were created by governments, and murders wouldn't exist in a free market(just people killing each other).

      Just because something is defined by law doesn't make something like it, but now legally unconstrained, from existing.

    13. Re: Collusion, in tech? by NeutronCowboy · · Score: 1

      Ah yes, if we could just return to that blessed world before the government imposed all those restrictions on people who wanted to conduct business. I mean it's not like corporations have all kinds of benefits people don't have, but are getting all the rights of people....

      Oh wait. They are. You're falling prey to a serious case of "but it's not true communism!"

      --
      Those who can, do. Those who can't, sue.
    14. Re:Collusion, in tech? by i+kan+reed · · Score: 0

      But I promise my own personal perception of an ideal system of governance will be perfect and resolve all your problems. Just make me dictator for life, and I'll get it all sorted out.

    15. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      Rrrrright. Remove that ", Inc." from Apple, Google and others, and they wouldn't ever become that big and overpowered to make up those no poaching deals.

      That's because only government meddling made them behemoths they are today, not decades of conquering markets and buying up competition. Legal status is the most important here.

    16. Re:Collusion, in tech? by Anonymous Coward · · Score: 3, Insightful

      Corporations were created by governments, so they woudln't even exist in a free market.

      Cite one historical example of a free market existing, and working as advertised.

      Bonus points if it doesn't also correspond with slavery, serfs, colonialism, special exemptions from kings or governments, or general examples of how the 'free market' gets manipulated to benefit the wealthy. If you can't, then the whole idea of introducing one is founded on the belief that if we could only create it, it would work, no matter the cost of getting there.

      In that camp, I give you Chairman Mao, Pol Pot, and Josef Stalin.

      Much like those, unregulated Capitalism is a lie, and something some people are willing to force on the rest of the world so it will see just how awesome the vision is and come to see the Inherent Truth in it. And people who claim to be forcing Inherent Truth on us (for our own good, of course) need to be killed before they cause even more damage.

      At its core, Capitalism is just entrenching greed and ownership as a belief system, and allowing the rich to call the shots without any rules or oversight to keep it in check.

      It does not, can not, and never actually has existed or operated as claimed.

      And it certainly does not find optimal solutions based on perfect knowledge in which the suckers, er, consumers, are 'free' to make other choices.

      The reality is, your so-called 'free' market is pretty much a fiction, there is no historical precedent for it, there's no proof it works as claimed. Essentially you believe in the tooth fairy, but keep insisting on forcing us to accept it as a valid system.

    17. Re:Collusion, in tech? by Spy+Handler · · Score: 1

      I lost my tech collusion virginity when I realized the hard drive makers were artificially inflating prices after the Thailand flood.

    18. Re:Collusion, in tech? by Virtucon · · Score: 3, Insightful

      Agreed, it's not just tech companies. I've seen where quite a few verticals have agreed with their peers not to poach which ultimately drives down wages. These kinds of agreements including non-compete employee contracts need to be abolished once and for all. I was hit one time by being offered a position at another company only to find out that they had a no-poach agreement with the company I was working for. It would have been a nice bump in salary too. About six months after that incident I left anyway for another opportunity.

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    19. Re:Collusion, in tech? by defaria · · Score: 1

      If it complies with the law then how's it a scam? Also, if you don't think the law is correct then the bone you have to pick is with the government - not the employers.

    20. Re:Collusion, in tech? by CohibaVancouver · · Score: 3, Insightful

      Cite one historical example of a free market existing

      I have a friend who makes nice clay pots and sells them on Craigslist for cash.

    21. Re:Collusion, in tech? by 0123456 · · Score: 2

      Cite one historical example of a free market existing, and working as advertised.

      A free market is what people do when no-one holds a gun to their head forcing them to do something else.

      And I don't see what your rant has to do with my point, that corporations themselves wouldn't exist in a free market. Big business exists because of big government, and neither could exist without the other.

      Statists demand bigger and more powerful government, then complain when that results in bigger and more powerful corporations. This just proves they're not very smart.

    22. Re:Collusion, in tech? by tomhath · · Score: 1

      Cite one historical example of a free market existing, and working as advertised.

      There probably are no examples. But his point that Corporations don't exist in a free market is still valid.

      Capitalism is just entrenching greed and ownership as a belief system

      That's certainly one way to look at it. Humans respond to incentives, at its heart capitalism is a system that attempts to provide incentive for hard work, innovation, and risk taking. Greed can corrupt it the same as greed can corrupt any other system, which is why we have governments and regulations.

    23. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      If the employers are bribing -- er, lobbying the legislators to extend that policy, how is it not their fault?

    24. Re:Collusion, in tech? by Anonymous Coward · · Score: 2, Interesting

      Life? Bah, make me dictator for 8 years and I could straighten out the US. 8 years and then a peaceful transition back to a Democracy after everyone is back on equal footing in the eyes of the law. Really, only easy stuff needs to get done. Take money out of politics, codify a no national security clause to avoid the constitution, put term limits on supreme court justices, remove the ability of lawmakers to exempt themselves, and establish that corporations are not people in respect to rights granted them, so the constitution does not apply to them and they give them an actual legal requirement that they must also consider the general welfare and long term affects of their actions on the financial system as a whole. Also, lobbyist would be illegal entirely, anyone attempting to directly affect the outcome of and opinions of an issue through use of large funds shall be put to death and their assets used to pay debt or put into a rainy day fund.

    25. Re:Collusion, in tech? by Anonymous Coward · · Score: 1

      And I don't see what your rant has to do with my point

      Why am I unsurprised? You keep talking about what would happen in a free market, but you have no actual evidence or examples of how one of those would work, just a theoretical abstraction. You just keep saying if we had it, it would fix all of these things, but you can cite no proof or examples of it.

      that corporations themselves wouldn't exist in a free market

      And the reality is, a free market would not exist in a free market. It would always be subject to collusion, cartels, and general malfeasance which invalidate most of the assumptions of what a 'free' market gets us. The entire premise of your argument is "if only we had something which has never existed, all of these problems would go away, and for this I offer as proof my belief system about how this thing which has never existed will operate".

      You're full of shit.

      So you're talking about how something would work in a system which has never existed and which can't exist as promised. You're talking out of your ass and presenting this as fact. It isn't fact, it's your belief, that's all.

      In other words, you are using circular logic to tell us how things would work in this fictional scenario you claim would fix all of this, when this fictional scenario has never existed, and would be devoid of any controls to keep all of these bad outcomes from happening, and we have a huge pile of evidence that all of these negative outcomes would happen anyway.

      So all of your conclusions about what would happen if we had a free market are complete and utter fantasy and bullshit.

      And then you make claims about how your unsubstantiated statement 'proves' something -- it doesn't prove a fucking thing. In your system of logic it creates an assertion which is consistent with your chosen ideology, but it doesn't prove anything more than Karl Marx did.

      There is (and can be) no 'proof' of how free market would operate and what it would result in, because there's NEVER FUCKING BEEN ONE BEFORE.

    26. Re:Collusion, in tech? by Anonymous Coward · · Score: 1

      Dang. You oughta run. You'll be elected for sure (or assinated).

    27. Re:Collusion, in tech? by lgw · · Score: 1

      Who calls our economy "free market"? The only free markets I see are the exchanges (commodities and stock exchanges), which are "free" in the important sense of "no government price fixing" (except a couple of agricultural commodities, but that's now rare), but still have plently of market regulations. The key is: the price isn't what's regulated, it's mostly fraud prevention and assurance that you can pay what you owe.

      The labor market in America is still reasonably free, however - in this case these are workers in one of the highest paid fields in the world, complaining (legitimately, but still) that they should be paid still more. Much like professional athletes striking over salary caps - they may have a point, but they're still well paid.

      Remember, total corporate profits in the US are less than 10% of total wages in the US. "Evil big corporations" are certainly paying as little as they can get away with, but there's not much slack there in the first place. It's not like, on average, we could be paid 20% more if our collective bosses was only more generous - that money just doesn't exist (and small companies are on far thinner margins here - making payroll is a monthly uncertainly for most).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    28. Re:Collusion, in tech? by plopez · · Score: 2

      A free market is what people do when no-one holds a gun to their head forcing them to do something else.

      Your are confusing a Free Market with an un-regulated market. The stock market for example comes close economically to a free market but is heavily regulated.

      --
      putting the 'B' in LGBTQ+
    29. Re:Collusion, in tech? by TFAFalcon · · Score: 2

      Wouldn't increasing pay also increase the number of things that the workers buy, increasing the profits of the companies? You know, trickle around economics instead of just trickle down.

    30. Re:Collusion, in tech? by Penguinisto · · Score: 1

      Agreed, it's not just tech companies. I've seen where quite a few verticals have agreed with their peers not to poach which ultimately drives down wages. .

      They can agree all they want, but judging by the feverish recruiter calls/emails (and not a few internal HR-generated ones from some really big corps)? When the labor market is tight, all rules are off the table.

      Dunno about you, but the nanosecond my job title and duties officially included "DevOps", things got evil in my inbox and voicemail in a hurry.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    31. Re:Collusion, in tech? by jythie · · Score: 1

      *nod* communism and capitalism, as pure forms, suffer from the same basic flaw which results in them being nearly indistinguishable when actually implemented in practice. Ideologues judge their systems based on the best case scenario and how much better things would be, but the real value in a system is how resilient it is to things NOT being ideal and how much impact corruption can have.

    32. Re:Collusion, in tech? by jythie · · Score: 1

      In actual economic models and historical records, yes, increasing wages almost always has a positive effect on the economy as a whole. The problem with things like raising wages is largely political/philosophical. It is kinda strange in that it is one of those areas where 'bleeding hearts' and 'realpolitik' overlap.

    33. Re:Collusion, in tech? by rossz · · Score: 2

      I work in a three man devops department. For months we've been short a man. Last friday the other guy quit without notice. So it's now just me running a three man department with limited hope of filling the two empty slots in the immediate future. There are lots of system admins around, but not a lot of them have advanced devops experience.

      --
      -- Will program for bandwidth
    34. Re:Collusion, in tech? by Anonymous Coward · · Score: 1

      There probably are no examples. But his point that Corporations don't exist in a free market is still valid.

      Sure, and in perfect Communism there is no inequity and everybody lives happily ever after in a Worker's Paradise.

      But since neither of them are real, the point is kind of meaningless. Talking about what does and doesn't exist in a system which has never existed except as an abstraction is meaningless.

      If you want to talk about reality, great. If you want to talk about theoretical utopian societies and how much better they'd be ... go to a philosophy class.

      Greed can corrupt it the same as greed can corrupt any other system, which is why we have governments and regulations.

      Which is why all of the people talking about getting rid of governments and regulations (and claiming this wonderful, self-correcting, and non-existent system is better) are mostly full of shit, because what they're saying has no basis in reality, just theory.

      The reason we need regulations on this kind of stuff is because greed will eventually take over, and humans are, by nature, short-sighted, malicious, and stupid.

      If, as the Libertarians tell us, we suddenly scrapped regulations and most of government, the outcome is not some perfect society. It's complete pandemonium as players do everything they can to get an advantage, to the detriment of everybody else and there's nothing to keep them in check.

      The argument carries no more weight than telling me how the world would all be better if we believed in god and followed the bible literally -- there's no proof for it, it has nothing to do with reality, and therefore is something you believe and hope. Not something which you can say is true.

      All I hear is "my invisible pink unicorns would solve this problem", but since there are no invisible pink unicorns, everything predicated on the existence of them is completely meaningless.

    35. Re:Collusion, in tech? by GameMaster · · Score: 1

      Don't forget to outlaw any government agency ever knowingly releasing false information to the public and I suggest making it a mandatory life sentence without parole for elected federal politicians; appointed bureaucrats; and military personnel above a certain level of officer rank. You can't have a legitimate democracy if the government is actively lying to the public in order to control public opinion. A democracy can only ever hope to be legitimate if the voters have as close to an unfiltered view of reality as possible. As they say, "Garbage in, garbage out".

      --

      Rules of Conduct:
      #1 - The DM is always right.
      #2 - If the DM is wrong, see rule #1
    36. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      Can we get an age filter on slashdot? All these 12 year olds, fresh from their elementary government course, thinking that voting and changing laws are how to fix things in Amerika. I bet you think legal means right and illegal means wrong too. I bet you think laws are real things, instead of the thin air that they are. I bet you think the police are here to protect us. Go away and live some. Your idiocy is annoying.

    37. Re:Collusion, in tech? by TWiTfan · · Score: 1

      I have a libertarian friend with whom I am always arguing. His general contention is that the free market fixes everything, and government regulation and oversight only gets in the way of the free market. I argue that this may or may not be true, but that's it's really irrelevant, because there is no such thing IRL as the "free market," never has been and never will be.

      This is just the sort of story that highlights what I mean by that. Left to their own devices, companies that are supposed to compete on a level playing field and all that will more often instead find ways to create monopolies for themselves, collude for mutual benefit, exploit various resources, etc.

      --
      The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    38. Re:Collusion, in tech? by Anonymous Coward · · Score: 0
      Getting back to the post that started this:

      Watch now as the slashdot lolbertarian crowd insists that corporations should be allowed to collude to fix salaries

      The only person who mentioned that is you. Nowhere do I see any one else making that claim. And then you call them idiots for making claims that don't exist. Pot,meet kettle.

    39. Re:Collusion, in tech? by Arker · · Score: 1

      A free market exists wherever people are buying and selling voluntarily without coercion. They work remarkably well as long as you accept that 'work' in this context simply means facilitating exchanges that leave both parties better off.

      If by a historical example of a free market you mean a time and place where every market, without exception, was completely and utterly free of coercion then yes, that's difficult to point to. But you are rather missing the point.

      The free-er the market is, the better it functions, and *major screwups* (as opposed to small and constant corrections) always turn out to trace back to an intervention. This is a truism that can be observed in action day in and day out.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    40. Re:Collusion, in tech? by Dahamma · · Score: 1

      And that friend pays no taxes on income or acquiring the equipment or raw materials to make the pots? (or I should say, is not required to pay taxes but tax evasion with the risk of fines or prison is still not a true "free market")

      Oh, and someone literally just sends "cash" on craigslist? Bullshit. Probably Paypal or a check/money order/etc. Which are all also regulated in some way.

    41. Re:Collusion, in tech? by ebh · · Score: 1

      We're in a similar situation in our build/release group. The problem is that they want senior level talent at junior level wages, and until they can find such a sucker^Wcandidate, we continue to do without.

    42. Re:Collusion, in tech? by Dahamma · · Score: 3, Insightful

      There probably are no examples. But his point that Corporations don't exist in a free market is still valid.

      No, it's really not. You guys need to brush up on your economics if you are going to keep throwing around "free market" as an *economic term*. A free market economy means basic supply and demand are controlled by the market, not regulated by a government. It has nothing to do with corporations per se, which were created as a form of limited *liability*.

    43. Re:Collusion, in tech? by lgw · · Score: 1

      Increasing the pay of everyone is no different than changing the exchange rate of the currency, IMO.

      But either way, that money to increase pay (non-trivially) doesn't exist. What's the fair share of distributions of gross earnings between workers, owners, and the government? Corporate taxes are a different argument, but the remainder gets split about 80% workers, 20% owners in successful large companies, and 105% workers, -5% owners frequently happens in struggling small businesses, at least short term.

      If it were 80% owners, 20% workers it would be an entirely different story - sure, just double workers pay, with a small sacrifice for owners that's probably a win in the long run. That's what already happened in the industrial revolution. We've gradually shifted all the way to the other 80/20. You can pay workers more by raising prices, but if all businesses do that, well, that's what inflation actually is most of the time (when the government isn't desperate).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    44. Re:Collusion, in tech? by alexander_686 · · Score: 1

      Maybe. Here are 2 counter arguments.

      Corporations are better at saving and investing than individuals. The investments made today is what is going to raise a worker’s productivity tomorrow. A worker’s productivity is one of the prime factors in determining their pay.

      Or maybe consumers will take their pay increase and use that to pay down their debt – which is what people have been doing since the housing market blew up.

      Lots of variables in play.

    45. Re:Collusion, in tech? by i+kan+reed · · Score: 1

      except that we factually know that a greater percentage of money is being held by corporations, and workers have been producing more, and not seeing any of it, which stifles everything.

    46. Re:Collusion, in tech? by drsmithy · · Score: 1

      There are lots of system admins around, but not a lot of them have advanced devops experience.

      Maybe you should consider taking someone on and training them.

      It might even generate a bit of loyalty.

    47. Re:Collusion, in tech? by drsmithy · · Score: 4, Insightful

      Remember, total corporate profits in the US are less than 10% of total wages in the US. "Evil big corporations" are certainly paying as little as they can get away with, but there's not much slack there in the first place. It's not like, on average, we could be paid 20% more if our collective bosses was only more generous - that money just doesn't exist (and small companies are on far thinner margins here - making payroll is a monthly uncertainly for most).

      Why must salary increases for workers be sourced from existing profits ? Why could they not be sourced by reducing the ridiculous pay packages of upper and executive management ?

    48. Re:Collusion, in tech? by lgw · · Score: 1

      What does "being held by corporations" mean? Do you mean that the debt burden of companies is low and the cash reserves of those who have them is high? That's what the bottom of a recession looks like: the companies simply don't see a way to invest for growth, and want to be sure that they make payroll if things get worse. Seems OK to me, but then I hate bailouts.

      Or do you feel that a company with a danger-reserve of cash should just pay everyone a one-time bonus, and hope for the best? You certainly don't give raises which must be sustained when cashflow is at its worst, that way bankruptcy lies: you control every expense you can and hold your breath. But you can only hold your breath so long, and that's why recessions end - and raises follow the improving economy, they can't realistically lead it. Fortunately we're in the upswing now, and while this has been a savage recession and growth off the bottom is still quite slow, the direction is right.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    49. Re:Collusion, in tech? by Penguinisto · · Score: 2

      Maybe you should consider taking someone on and training them.

      Good advice - this is how I got a junior DevOps admin; I found a dev who wanted to jump in, so I campaigned to get him hired. took a huge load off of me in the process once he ramped up.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    50. Re:Collusion, in tech? by drsmithy · · Score: 1

      A free market is what people do when no-one holds a gun to their head forcing them to do something else.

      But then inevitably someone does get a (metaphorical or literal) gun and starts holding it to people's heads.

    51. Re:Collusion, in tech? by Penguinisto · · Score: 1

      Good news is, you'll only do without until release/launch/upgdate dates start slipping, and/or the outages start piling up - then they pay attention. ;)

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    52. Re:Collusion, in tech? by alexander_686 · · Score: 1

      I think you are missing the point.

      You are right about corporate debt – except that the amount of cash being horded by companies today, as a percentage of their assets, is much higher than at the same point in other recessions. A rainy day fund is one thing. CEOs hording cash to further their ends – and not the corporations – is something else.
      Also, when profits increase the profits tend to be split between the workers and the stockholders (capital). What is interesting is that in this recovery is that much of the gain is being captured by capital – much higher than it has been either historical or when exiting a rescission.

    53. Re:Collusion, in tech? by drsmithy · · Score: 4, Insightful

      The point of unions is not to drive the "evil corporations" out of business. That would be counter-productive and stupid.

      The point of unions is to put employees on an equal footing to employers when it comes to negotiations on working conditions and pay.

      Generally, they achieve this goal well.

    54. Re:Collusion, in tech? by Anonymous Coward · · Score: 1

      Fine. Somalia.

    55. Re:Collusion, in tech? by aaarrrgggh · · Score: 1

      In fairness, the collusion agreements generally aren't intended as much to suppress wages, but to maintain workforce stability. Reducing turnover dramatically reduces training costs and helps to improve efficiency.

      That companies don't return some of the savings to their employees is a separate matter.

    56. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      Unfortunately, they would just be a group of people owning the business. If this company broke the law, the owners go to jail and are liable for damages.

      But please, keep on defending corporate personhood & welfare (job creation).

    57. Re:Collusion, in tech? by Anonymous Coward · · Score: 2, Interesting

      Uh, the definitions of "free market" I know include such annoying details like "informed buyers", which unfortunately already makes this whole thing quite an utopia instead of something real.

      > The free-er the market is, the better it functions

      Not without the "informed buyers", it rather becomes a "lemon market", i.e. a market where only the cheapest product sells since nobody can assess the quality, which then drives down the quality etc. and rather results in a market collapse.
      I guess you could consider "self-destruction" as "working perfectly", but I'd rather not see that variant implemented.

    58. Re:Collusion, in tech? by outlander · · Score: 1

      It's intended to keep salaries down, no mistake, and that's probably first among the reasons for it.
      'Workplace stability' is a polite term for 'OMG we don't manage our staff well enough to have some redundancy and we allow ourselves to let people to become SPOFs' - and the average nontechnical corporate manager's response to this is to resort to underhanded means to retain staff and keep costs down.
      There's nothing about this that actually benefits the worker.

      --
      "Truth is what works" -- William James "It works!!" -- o-dark-AM comment
    59. Re:Collusion, in tech? by lgw · · Score: 1

      This is the worst recession since the Great Depression, plus "QE Infinity" is a new thing sharply distorting many markets. You can't expect recovery to look normal. I believe that once we get some nice inflation going, and the Fed stops being the only real buyer of government debt, we'll come around very quickly to a normal recovery pattern.

      In any case, it's worth noting that if the value of all publically traded companies were evenly distributed among all workers, each share would be roughly similar to a year's average income. If you really think capital has it better, it's just not that hard to save and invest 1 year's income over the course of the next several years. More and more people are doing that now, which I find the best long term answer to all of these questions: let most of us become both owners and workers, and see what people think then about the distribution.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    60. Re:Collusion, in tech? by Dahamma · · Score: 1

      Actually, that's an even worse example. Supply and demand is highly regulated by the de-facto government, ie. local warlords and extremist groups...

    61. Re:Collusion, in tech? by alexander_686 · · Score: 1

      I think you are ½ right but I am worried that you are ½ wrong.

      I am concerned about a permanent shift. I am concerned that we are facing a permanent drop in GDP growth from 3% to 2% which implies wealth (capital) will become more concentrated. (FYI it also implies that you should have 8 times the capital to your wage.) I fear that IT is allowing the elites to leverage their skills resulting in a hollowing out of the middle class. These are larger, slower trends then the current recession but I fear it marks the turning point.

      And I think you are slightly off base with the stock thing. Companies can manipulate the value of their stock by manipulating their leverage. i.e. a company can drop their market cap by taking out a loan and doing a stock buyback. I would think enterprise value, stock + debt, would be a better measure.

    62. Re:Collusion, in tech? by lgw · · Score: 1

      Investment returns are only GDP growth plus whatever risk premium. If GDP growth slows by 1/3, overall investment income is going to drop by roughly 1/3, but you wouldn't expect salaries to drop by 1/3. When someone says "the evil rich are hollowing out the middle class", I figure he's selling something.

      Individual companies can get up to all sorts of shenanigans (that's what makes investing as challenging as working). But if you bought $60k (or whatever it works out to be, but that's close) of a broad based stock fund more or less divided among all publically traded companies, then you do in fact own "your share" of US corporations, and there will be some tradeoff between earning and salary that you like as a result. There's no real barrier in America to doing just that, other than having different priorities in your life. More and more as a culture we're starting to understand that anyone can also be an owner, and actually doing that, than ever before. That's neat.

      And for a corporation just like an individual, you must subtract, not add, debt to figure out worth. Man I wish someone had beat that into my head when I was in college!

      --
      Socialism: a lie told by totalitarians and believed by fools.
    63. Re:Collusion, in tech? by farble1670 · · Score: 1

      Life? Bah, make me dictator for 8 years and I could straighten out the US

      the first qualification of such a dictator is that they don't make statements like like, because it proves they are not in touch w/ reality.

    64. Re:Collusion, in tech? by farble1670 · · Score: 1

      Corporations are better at saving and investing than individuals. The investments made today is what is going to raise a worker’s productivity tomorrow. A worker’s productivity is one of the prime factors in determining their pay.

      umm what? the only interest a corporation has in increasing worker productivity is to hire fewer workers and save money. maybe 10 jobs transition to 1 job + computers + machines, but that only happens if the corporation is overall paying out less.

    65. Re:Collusion, in tech? by inode_buddha · · Score: 1

      They'll just say that the legislators made the law, and nobody *made* them do it. And since the employers are not the legislators, the employers are not at fault. Its *technically* true but its still a dick move. I really don't know of any good way to hold weasels down long enough to smack them with the hammer of honesty.

      --
      C|N>K
    66. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      Since you're uninformed, here you go: The Myth of Trickle Down Economics

    67. Re:Collusion, in tech? by alexander_686 · · Score: 1

      I am not sure if I am selling anything. Well, maybe tax reform to simplify the code and improving our school system, in particular at the primary level. And then there is this, the upper end if sprinting a lot faster than the middle or lower quintiles.

      http://www.cbo.gov/publication/42729

      So let me ask you a question - why did you pick that a person should have stocks equal to his income? Could some of difference be that you are looking at the individual level (what 1 person should do) while I am looking more at the macro level – what people can do on a aggregated level.
      Thought experiment. A company has a market cap of 20m, outstanding debts of 80k. The company then issues 10m in bonds for a stock buyback. Now they have a market cap of 10m with outstanding debts of 90k. Did the worth of the company drop in ½? I would say no. (Or they could go the other way and issue equity to pay off the debt.)

      Both the equity and bond holders have economic claims to the company’s profits. Different claims but they are both on the capital side of the equation. The mistake that you are making is that you are counting the debt as a liability – but it is an asset for whoever holds the bond. From your perspective does it matter if the capital is held in equity or bonds? You could hold junk bonds that have the same expected return as stocks. And where would you put preferred shares? For this purpose I don’t care – it is all capital.

      Looking back we have had 3% growth and we (at the national level) had capital about 4 times our income. Historically, when growth was at 2%, the value of capital was about 8 times that of income. This makes sense. As the spread between required return and growth get narrower the value of future income streams increases. BTW, this is why I chose 8 times. To point is if growth drops to 2% the returns on all investments (both stocks and bonds) as a whole drop by ½. As an individual you can boost your returns and risk by overweighting stocks. A company can lever up by issuing more debt. But society as a whole can’t do that.

      Now, back to acquiring said capital. Assume you invest X dollars a year at Y rate for 20 years. Run the numbers. At some point compound interest is going to kick in at your portfolio is going to really take off. Now, slash your rate or return by ½. Your growth is going to look a lot bleaker.

      On the ownership society - It is something which I fully back. But if growth slows it will be harder for the average person to achieve it. In the past, lower GNP growth meant more concentration of the wealth at the top. That is my concern.

    68. Re:Collusion, in tech? by stymy · · Score: 1

      Regular workers vastly outnumber management. Pay of C*O level people at S&P 500 companies is generally a decimal of their total expenses, so axing their pay really won't change much for the average worker.

    69. Re:Collusion, in tech? by rossz · · Score: 1

      I was planning on suggesting this to my boss. Since we can't fill a senior level position, let's at least get a junior or mid level tech. It will reduce the work load on me somewhat, even if he (or she) can't handle the more complicated problems. And if the person is smart enough, he could quickly become proficient in the tools we are planning on implementing over the next year.

      --
      -- Will program for bandwidth
    70. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      No, no, there are multiple competing governments, so Somalians therefore have access to the finest and most efficient governance available.

    71. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      Just stop talking. YOU claim we have a free market any chance you get. You're full of nothing but double speak.

    72. Re:Collusion, in tech? by Zynder · · Score: 1

      Even if, and that's a big if, their pay is only a decimal percentage of their expenditures, I still say do it. Using percentages in this argument is smoke and mirrors. If you say it's only 0.1% well that doesn't sound like much at all does it? But when an absolute figure is thrown out there we see the real picture. Say just one CxO's pay is $500k. 5 Hundred Thousand is a fuck load of money for most people. If that company got a work contract for 500k they'd be partying like it's 1999! But then they want us lowly peons to not worry about that 500k salary cause it's just chump change. However, they then turn around and tell us that they are gonna have to trim the fat by laying off a bunch of folks, cancelling all of our vacation and raises, and oh BTW, you guys will have to go without toilet paper in the bathrooms too. We all gotta tighten the belt afterall. That kind of shit is what disgusts me. As normal, they won't feel the pain when it comes down to it because they've shifted the pain to the lowest labor level. Ya know, those laborers who made them all that money in the first place.

    73. Re: Collusion, in tech? by Zynder · · Score: 1

      Obviously that's because he isn't a True Scotsman as he claims but he doesn't let that spoil his rants!

    74. Re:Collusion, in tech? by Anonymous Coward · · Score: 0

      heavily regulated =/= free

      Keep making excuses for something that cannot exist as long as humans are involved.

    75. Re:Collusion, in tech? by bluerose · · Score: 1

      Devops is a buzzword. Before we had all kinds of fancy automation tools, we used sed, awk, grep, bash and expect scripts. You shouldn't have to train a sys admin to be a devops engineer. If a sys admin knows their shit, develops is the natural progression. IMHO, the kids who are sysadmins and too young to know life before ports/apt/yum, need a week of compiling it from source training. Isn't devops sysadmin+python?

    76. Re:Collusion, in tech? by silentcoder · · Score: 1

      assinated ?
      I don't know what that is but it sounds even worse than being assassinated.

      --
      Unicode killed the ASCII-art *
    77. Re:Collusion, in tech? by silentcoder · · Score: 1

      > I believe that once we get some nice inflation going
      Sorry but it's not going to happen. As economist Paul Krugman points out - the econ101 story of the government who printed money and caused hyperinflation has zero actual truth to it- in the real world that has NEVER happened. Hyperinflation can happen in large money-printing times but ONLY when accompanied by severe political chaos that destroys production - this is what happened in Zimbabwe (long before there was hyperinflation there was farm ceisures), the Wiemar republic (there was a civil war FIRST) and the Roman empire (severe outbreak of plague and 3 consecutive civil wars before the money printing ever began).
      In the real world - a recession is a liquidity-trap, and that liquidity-trap undoes any inflationary effect that printing more money could have had.

      --
      Unicode killed the ASCII-art *
    78. Re:Collusion, in tech? by aaarrrgggh · · Score: 1

      Not to keep wages down, to prevent a salary war. Different issues.

    79. Re:Collusion, in tech? by lgw · · Score: 1

      Thought experiment. A company has a market cap of 20m, outstanding debts of 80k. The company then issues 10m in bonds for a stock buyback. Now they have a market cap of 10m with outstanding debts of 90k. Did the worth of the company drop in ½? I would say no. (Or they could go the other way and issue equity to pay off the debt.)

      This never actually happens, is the thing - at least, not with any company large enough to matter to the financial press. Such shenanigans would be quite newsworthy. Companies do stock buybacks with excess cash as a marketing thing when they're trying to convince people the stock is undervalued (or to protect against hostile takeover - cash reserves entice takeover) , but it's a 5% thing at best. Very strange exchanges of stock for debt sort of like you describe do actually happen, but only as a last desperate attempt to get some investment capital: when no one will buy bonds from the company, they'll sometimes trade each share of common stock for a much less valuable share and a debenture, but that sort of stopped in the 80s). In any case, ideas about the "true worth" of a company are many and varied, but they're not the price you can actually buy the company for.

      Yes, lower GDP growth sucks for everyone. That's why I happen to despise socialism - it comes at the cost of lower GDP growth (and lower technological progress), it's trading a fixed boost to standard of living for a reduction in the exponential growth of standard of living. Never good in the long run.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    80. Re:Collusion, in tech? by lgw · · Score: 1

      Paul Krugman said the opposite when a republican was president. Funny how that works.

      Idiots aside, inflation will come when people start buying. Demand gives companies pricing power, and that with some lag gives wage inflation to match. This is all playing out very normally now for economic recovery (if slower than usual), with sales of durable goods leading the way.

      Plus, I'm not so sure the Fed has been actually "printing money" (meaningfully increasing the money supply) in QE Infinity, because while they've bought about $2T of US treasuries, banks have in the same timeframe voluntarily deposited over $2T in excess reserves with the Fed. That's a new thing, and I'm not sure what to think of the Fed itself doing fractional reserve lending to the government. But in any case, you won't see any inflationary pressure from QE until the banks find something better to do with that money that leave it sitting at the Fed. When they do, watch out: unless the Fed brings reserve requirements up (which they could), I expect Carter years inflation once more. Not Zimbabwe, but a bad time to have a savings account.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    81. Re:Collusion, in tech? by alexander_686 · · Score: 1

      The rule is: Assets = Liability + Equity.

      I think some of our difference comes down to what a company is worth (assets) vs. ownership (equity). I will stand on the point that if you hold bonds (liability) you hold capital in the company, and this thread was kicked off on people holding capital.

      As to your points, we may be talking about semantics. Banks constantly play around with this number, trying to be as leveraged as the regulators will allow. This is what private equity does all of the time. And CFOs do it all of the time – even if they don’t do a press release.

      Cash comes into a firm. It can be saved, invested, paid out as dividends, used for stock buy backs, or used to buy down debt. Does it matter if it is explicated stated? Because I can find examples pre crisis where this occurred. Is there a difference between a company that uses its cash for a stock buyback and loans for future investments or a company that uses a loan for a stock buyback and cash for investments? CFOs play with this all of the time. In the 80s they levered up with loans. In the 90s they levered up with stock buy backs. Making 5% of the equity go away may seem minor to you. IIRC stock buy backs has removed almost 20% of the stock from the market in the 10 years prior to the crisis. I can find some companies that made 40% of their stock go away over 5 years.

      BTW, companies do not exchange stock for bonds when they are in desperate situations. In desperate situations they are looking for fresh capital, not to convert equity to liabilities to leverage up the returns because it also leverages up the risk. And I have not heard of a case where a company exchanges stock for a bond and a “less valuable share”. If you have an example I would like to hear it.

      I think what you are talking about are warrants. Warrants are stock options that are attached to a bond as a sweetener to lower the coupon rate. They tended to be issued by companies in distress to get a favorable rate. Warrants may have gone away but they have been replaced by convertible bonds, and convertible bonds are still very popular.

      Socialism is not the answer, but market structure does matter. The “New Normal” theory suggest that the new rate of growth will be at 2%. Labor’s share has dropped from a high of 60% in the 1950s to 55% and the trend line continues to point down. This implies more inequity. Moderate inequity is good – it drives the system. If long term growth hits 2%, this implies that labor will revert to the historical average of 40%, and this implies huge inequity. People at the top of the heap are there because they were born at the top of the heap or they won the lottery. How do we keep labor’s percentage up? Not by the heavy hand of the state – which is where tax reform and education come into play.

      And my link to the "New Normal" - I like Bill Gross's writting.
      http://www.pimco.com/EN/Insights/Pages/Gross%20Sept%20On%20the%20Course%20to%20a%20New%20Normal.aspx

    82. Re:Collusion, in tech? by jbeach · · Score: 1

      You mean, people at the TOP get paid less, INSTEAD of the peasants below them?? Why do you hate America???

      --
      The Invisible Hand of the Free Market is what punches workers in the nuts.
    83. Re:Collusion, in tech? by jbeach · · Score: 1

      Thank you.

      --
      The Invisible Hand of the Free Market is what punches workers in the nuts.
  2. IANAL, but... by jddeluxe · · Score: 4, Interesting

    It might be difficult to prove the INTENT of the "no poaching" agreement was to suppress wages. Unless any of the defendants were stoopid enough to refer to such in emails or other discoverable documentation.

    1. Re:IANAL, but... by Anonymous Coward · · Score: 0

      I dunno, prosecutors generally don't have trouble proving the intent of someone pointing a gun at someone and pulling the trigger, even as the defendant argues that they intended for rainbows and flowers to shoot out.

      Of course, this is a civil case, so standards are lower but the attorneys are paid more, so it's still up in the air.

    2. Re:IANAL, but... by Anonymous Coward · · Score: 0

      Might or might not be. The no-poaching agreement was put in place for a reason. Seeing as those companies are all nominally competitors in both the products they produce and in the workforce they hire from, it's hard to imagine any other motivation.

      This has likely impacted me, as well, even though I don't reside in the Silicon Valley. Artificially deflating wages there, translates into making the North American remote offices of those companies and other techs less advantageous salary-wise. Everybody loses, except for the execs that can point to "holding the line on wage growth" as an accomplishment at year end. Those dudes then gobble up massive bonuses that substantially offset any savings the wage freeze may have realized.
      Anti-competitive practices have wide ranging impacts. Money paid to the middle-class goes substantially into the local economy, as the middle-class tends to spend more of their take-home on necessities and less on luxury goods. If I got a raise that beat inflation (would be the first since the downturn in 2000), I'd renovate my kitchen. If my VP were to get the same % increase, he'd probably fly the family to the Bahamas for an extra couple weeks...

    3. Re:IANAL, but... by 0123456 · · Score: 3, Insightful

      How can it not suppress wages? Do you really think Joe Programmer will earn less if three other companies want to hire him, or if those three companies collude together to not hire each others' employees?

    4. Re:IANAL, but... by dkleinsc · · Score: 5, Insightful

      They have a demonstrably anti-competitive agreement between purchasers of a service to make each seller only able to deal with one of the purchasers, creating a monopsony. Textbook macro basically argues that the effect of a monopsony is that the only buyer in the market now has basically complete control of the terms of any agreement with the seller, because the seller's only option is to not sell his product.

      Another way of describing this: Imagine you work for Amazon. Without these agreements, you have these options:
      1. Accept a 3% raise to continue working at Amazon.
      2. Accept a 25% raise to go work for Google.
      3. Not work at all and be unemployed or at least accept a massive wage cut.

      With these agreements your options now are:
      1. Accept a 3% raise to continue working at Amazon.
      2. Not work at all and be unemployed or at least accept a massive wage cut.

      This is inherent in these kind of agreements. There's no need to prove intent.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    5. Re:IANAL, but... by Anonymous Coward · · Score: 0

      You can quit Amazon and interview at Google. That's not poaching.

    6. Re:IANAL, but... by strimpster · · Score: 2
      Reading over the original judge's order to allow the antitrust lawsuit to continue, it seems that the DOJ gathered enough evidence to show that the actions from the companies were detrimental to the employees.

      After receiving documents produced by Defendants and interviewing witnesses, the DOJ concluded that Defendants reached “facially anticompetitive” agreements that “eliminated a significant form of competition . . . to the detriment of the affected employees who were likely deprived of competitively important information and access to better job opportunities.” DOJ Complaint against Adobe, et al. (“DOJ Adobe Compl.”), Harvey Decl. Ex. A, at 2, 14; DOJ Complaint against Lucasfilm (“DOJ Lucasfilm Compl.”), Harvey Decl. Ex. D, at 2, 15, 22; CAC

      112. The DOJ also determined that the agreements “were not ancillary to any legitimate collaboration,” “were much broader than reasonably necessary for the formation or implementation of any collaborative effort,” and “disrupted the normal price-setting mechanisms that apply in the labor setting.”

    7. Re:IANAL, but... by ranton · · Score: 4, Informative

      It might be difficult to prove the INTENT of the "no poaching" agreement was to suppress wages. Unless any of the defendants were stoopid enough to refer to such in emails or other discoverable documentation.

      What other purpose could "no poaching" agreements possibly have? Their only purpose is so a company does not have to pay a salary high enough and/or create a work environment good enough to keep the employee from leaving.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    8. Re:IANAL, but... by donscarletti · · Score: 2

      It might be difficult to prove the INTENT of the "no poaching" agreement was to suppress wages.

      The legal standard for civil cases is on the "preponderance of the evidence", i.e. the proposition is more likely to be true than not. If it transpires before the court that the intent of the "no poaching" agreement might have been promoting gentlemanly conduct in HR, might have been based on the belief that employees become more productive the longer they have been in a team, but probably was to drive down wages, then the judge must rule in favour of the plaintiff.

      Of course you cannot simply think of a hypothetical illegal reason for someone to have done something and sue them because it sounds likely. This is because, in this case the respondent will naturally testify that they did it for some particular reason and didn't do it to drive down wages, and sworn testimony does carry legal weight and it does take real evidence to refute it; but all it takes is a credible witness swearing that they were part of some wage collusion meeting, that they read a memo regarding the agreement's true purpose or they heard or read anything that refutes the intent given and unless their testimony can be refuted in turn, then it's really just down to who's story sounds the most credible.

      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    9. Re:IANAL, but... by defaria · · Score: 1

      Bullshit. Go work for any of a thousand other companies or start your own business. You are pushing a false dichotomy.

    10. Re:IANAL, but... by Lynal · · Score: 1

      It's a little more complicated than that. The issue is match quality between workers and firms. Match quality increases over a worker's tenure at a firm (as they learn the systems / practices / whatever). To better model the issue you'll want to include training costs and long term contracts.

      For example, it won't work out if a firm trains workers and then those workers just find better jobs, so one solution is long term contracts. Long term contracts may be forbidden, so firms need other ways to retain workers who they've spent a lot of money to train. Anti-poaching rules may be another solution.

      I'm not saying implicit anti-poaching agreements are good, but it's not a black and white issue.

    11. Re:IANAL, but... by Anonymous Coward · · Score: 0

      Clearly, YANAL.

    12. Re:IANAL, but... by Anonymous Coward · · Score: 0

      Of course it's evil if the anti-competitive agreement is between companies, but it's good when the reciprocal anti-competitive agreement is between employees. Or so says the Sherman/Clayton/Robinson/Patman Anti-trust acts (which give a carveout for union activities and strangely major league baseball).

      Please discuss... ;^)

    13. Re:IANAL, but... by Bite+The+Pillow · · Score: 3, Informative

      The case evolves around a comment made by Appleâ(TM)s late-CEO Steve Jobs to Palmâ(TM)s CEO: âoeWe must do whatever we can to stop cold calling each otherâ(TM)s employees and other competitive recruiting efforts between the companies.â

      Copied directly from the article. No logic needed. No need to prove intent because It's right there in the comments at the core of the entire case.

      I do agree that these whiny millennials could do the normal thing and occasionally look for other options and therefore lost nothing, but the law does not look favorably on anticompetitive practice, so that statement is pretty much all they needed.

    14. Re:IANAL, but... by Anonymous Coward · · Score: 0

      Is this the part where we are supposed to pretend that the employer and the employee are negotiating from equal positions of power?

    15. Re:IANAL, but... by Anonymous Coward · · Score: 0

      Helya I do! Limiting the employees choices and the need for the companies to compete. Do H1's help suppress wages, cuz non-comp increases the demand for H1s, I think so. In what ways do you think it doesn't suppress wages?

  3. evidence by Anonymous Coward · · Score: 0

    I'm curious what evidence they have that shows this

    1. Re:evidence by Anonymous Coward · · Score: 0

      E-mails between Steve Jobs and the CEOs of half the damn industry. It was a network of "bilateral agreements", with Steve-o on one side of all of them.

  4. Post the judgement on Google busses by bob_super · · Score: 4, Funny

    I'm sure the people protesting in SF will be glad to hear that the Googlers are, in fact, underpaid.

    1. Re:Post the judgement on Google busses by Anonymous Coward · · Score: 0

      I'm sure the people protesting in SF will be glad to hear that the Googlers are, in fact, underpaid.

      Yeah, while the rest of us work for wages that would charitably be considered "unlivable poverty" out there, they keep whining for MORE money, complete with benefits and perks that would be considered patently absurd in any other part of the country. Add to that increasingly-baroque hiring processes that ensure only the most well-connected workers* get hired by anyone in the Valley and everyone else gets rejected by enigmatic "hiring committees" wholly disconnected from the rest of the interview process for shadowy reasons nobody ever reveals, and all I can say is cry me a fucking river, Silicon Valley.

      *: Note that this phrase does not imply skill.

    2. Re:Post the judgement on Google busses by Anonymous Coward · · Score: 0

      A Googler making $150K in San Jose is underpaid compared to programmers in the midwest. They're certainly not making rock star wages.

    3. Re:Post the judgement on Google busses by bob_super · · Score: 1

      Per the Holy Market rules, it's your job to ask your boss for more money (it's better if you deserve it and your company is making a profit).
      It's fun to point and laugh when the NHL/NBA/MLB go on strike over salaries, but as all valuable employees of very profitable corporations, they have the right to ask for their cut (and these guys can't exactly find multi-million contracts elsewhere).
      Be valuable, get paid well. You sound more whiny than they do.

      Talking about individuals' salaries is definitely a problem, but companies do industry surveys all the time to make sure that they fall within the right salary ranges: avoid overpaying any non-exec, prevent useful underlings from looking elsewhere. Non-poaching tacit agreements tend to exist between suppliers and customers (because it's bad business), but they shouldn't exist between competitors. Anytime competitors agree on anything, cartel laws have to get involved.

      The only Googler I know is an Uber-Geek (of the "Work day done? Let's compile some code while I do 3D animations" breed). His main Silicon Valley "connection" works at Apple, and he owes his job to updating his LinkedIn, and being extremely good (I don't whine because he deserves to be at Google with all the perks, when I know I don't).

    4. Re:Post the judgement on Google busses by Anonymous Coward · · Score: 0

      +1

  5. Do they have hard proof evidence...? by bogaboga · · Score: 1

    ...Or do they simply have circumstantial evidence? For, if the companies got into a pact via a "gentleman's agreement" - an agreement not written down on paper and not recorded in speech anywhere, potential employees will have a tough time proving their case.

    Disclaimer: I support Google, Apple and their ilk.

    1. Re:Do they have hard proof evidence...? by Anonymous Coward · · Score: 0

      Unfortunately, the CEO of one of those companies was dumb enough to brag about the whole scheme to his biographer before he died of pancreatic cancer. Whoops!

      See, the problem with a conspiracy is that it's only as secure as the dumbest conspirator.

    2. Re:Do they have hard proof evidence...? by Anonymous Coward · · Score: 0

      Heresay from a dead man is not very good evidence. But we'll see how it goes.

  6. Bravo. by Anonymous Coward · · Score: 0

    Bravo. The first time that I have seen an accurate description of the free-market.

    Awesome.

  7. The times, they are a-changing. by jtownatpunk.net · · Score: 4, Interesting

    Not. Looks like things haven't changed in generations.

    My grandpa moved from the east coast to the west coast back in the 50s because of non-poaching agreements in the aircraft industry.

  8. but it didn't remove the option. by YesIAmAScript · · Score: 5, Informative

    The agreement was not to reach out and poach others' workers. It wasn't to refuse to hire them. You still had the option of getting a 25% raise to go to Google, all you have to do is apply to Google.

    The agreement didn't reduce the options available to people, it just made it so the engineer had to take the first step, the recruiter wouldn't call you to entice you.

    --
    http://lkml.org/lkml/2005/8/20/95
    1. Re:but it didn't remove the option. by ranton · · Score: 3, Insightful

      The agreement was not to reach out and poach others' workers. It wasn't to refuse to hire them. You still had the option of getting a 25% raise to go to Google, all you have to do is apply to Google.

      The agreement didn't reduce the options available to people, it just made it so the engineer had to take the first step, the recruiter wouldn't call you to entice you.

      With the exception of my first job and one time that I relocated, every job I have ever had was offered to me when I wasn't even looking for work. I am confident that my next job will probably be offered to me by an ex-coworker, a friend of a friend, or someone else who knows I will be an asset their company and has enough money or interesting enough work to entice me away from my current employer. My current employer did the exact same thing so it wouldn't catch them by surprise. If you aren't constantly worried that your employees are going to jump ship, it is either because you are compensating them very well or you have crap employees.

      If you are doing things right, by your 30s employers will be coming to you not the other way around. If there are agreements out there stopping companies from reaching out to me with job offers that would certainly reduce my opportunities.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    2. Re:but it didn't remove the option. by mounthood · · Score: 1

      The agreement was not to reach out and poach others' workers. It wasn't to refuse to hire them. You still had the option of getting a 25% raise to go to Google, all you have to do is apply to Google.

      The agreement didn't reduce the options available to people, it just made it so the engineer had to take the first step, the recruiter wouldn't call you to entice you.

      Assume this is true: people still got paid less because Google didn't call them and offer the 25% raise.

      To come at it from a different angle: why did the companies discuss and agree to this, if not to save money? If they want to argue that it was *only* to reduce turnover ... well why did they think people would leave? Because they'd be offered better salary or compensation.

      --
      tomorrow who's gonna fuss
    3. Re:but it didn't remove the option. by Anti-Social+Network · · Score: 2

      Also consider the horrendous difficulty of getting through automated HR scanner processes. You have to win Buzzword Bingo, and then you have to be matched to a position the company is actively looking to fill.

      That's a nerve-wracking experience in the best of times; however, if you've got somebody inside the company actively tracking your application status and staying on the HR people not to let it fall through the cracks, that's a big benefit to your sanity and your chances of successfully landing a new employer.

      --
      Goddammit just when I get my first +5 the Beta rolls out and kills everything
    4. Re:but it didn't remove the option. by outlander · · Score: 1

      Me too. I've not had to do a serious job hunt for a long time; technical people of a certain level are in relative demand compared to other skillsets.

      The practice of poaching employees to acquire needed skillsets, and employees benefitting from higher salaries as a result of this competition, is an old and honorable practice in the tech industry. This is an attempt to undermine competition and so the libertarians here should be cheering for the plaintiffs to win....anything else is inconsistent with a free-market worldview.

      Of course, I'd argue that anyone with a basic sense of fairness should think so, too.

      --
      "Truth is what works" -- William James "It works!!" -- o-dark-AM comment
    5. Re:but it didn't remove the option. by x_t0ken_407 · · Score: 1

      I was somewhat surprised when the wind direction changed in my case. Not 5 years ago, I was scrambling, applying for jobs that paid peanuts, etc. These days, I get 3-5 emails/calls/etc. from recruiters per week, offering a lot more than I'd ever thought of making 5 years ago -- and I'm "happily" employed at the moment. I'm 29 now, so I guess I beat your assertion by a year :p The real question is, where would I be if I had my head on straight right out of HS, instead of bumbling around for 5 years or so until I was 23 and realized what adulthood is about.

  9. I was not aware there were only three compaies by SuperKendall · · Score: 1

    I know Google is fond of buying up companies but I was not aware they had bought ALL of them.

    Because otherwise your whole argument falls to pieces when you realize that someone can leave Amazon/Google/Apple and work at ANY OTHER COMPANY. Often with VC funding paying huge salaries. So in what way does a gentleman's agreement not to poach drive down wages?

    Furthermore, the agreement was not to SEEK OUT employees of those other companies - they can always move between companies of their own volition. So in your own example, someone working at Amazon would have all of the first three options even with the agreements in place.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:I was not aware there were only three compaies by Anonymous Coward · · Score: 0

      The conspiracy included Apple, Amazon, Google, Palm, Intel, Adobe, Pixar, Lucasfilm, and Intuit, and that's just from the first round of discovery.

      http://www.mercurynews.com/nation-world/ci_20434459/apple-google-intel-antitrust-lawsuit-poaching-workers

  10. Not the only Case, just first one publicly by Anonymous Coward · · Score: 1

    Years ago when I was doing jobbie work I found out that the job shops in the Detroit Metro area had a similar agreement not to hire people working for other job shops. It was a kind of a "Don't piss in your neighbors backyard" thing. Turns out a lot more companies are doing this in a lot more places than you might guess. Can anyone say "slave labor?". This kind of thing starts out in the board rooms and propagates down to the hiring floor, not the other way around. This is a very revealing insight into how these "people above suspicion" on the corporate boards think. Is it time to take down one or more of these "Too Big To Prosecute" firms? Can we actually dare to believe one of these people might serve some time in prison? Nah! Not as long as their cronies in government protect them.

  11. I worked for HP about 15 years ago. by mark_reh · · Score: 5, Interesting

    Every year the HR people would make presentations to us about how they got together with HR people from other big engineering companies in the valley and decided upon job descriptions and pay and benefits packages, and by the way decided that the COL raise this year would be X%.

    My coworkers, most of whom were oblivious to the big picture, would cheer at the annual pay raise and I would grumble about the salary fixing that they were proudly presenting.

    I wonder if I can get in on the class-action suit...

  12. Law is not Morality by Etherwalk · · Score: 1

    If it complies with the law then how's it a scam? Also, if you don't think the law is correct then the bone you have to pick is with the government - not the employers.

    If you live in a country without truth-in-advertising laws (or with poorly enforced ones), you can advertise blatantly untrue claims, comply with the law, and it's still a scam.

    Kind of like how the holocaust can still be murder/genocide even if Hitler makes it legal.

  13. How you WISH the law worked. by catfood · · Score: 1

    Wait, so now the law is that colluding to reduce workers' wages is only illegal if there's no possible way around the collusion?

    That's new information. Thanks.

  14. Bullshit. by Anonymous Coward · · Score: 0

    I got headhunter calls for jobs at Google when I was at Apple, I have friends who went from Apple to Google, Google to Yahoo, Apple to Pixar, etc.

    1. Re:Bullshit. by PanchoVilla · · Score: 1

      I work at one of these companies mentioned and have a friend who is a manager at one of the other companies. I actually asked once a few years back about a position I saw and he said he didn't think that they could hire people from my company when I asked if he wanted to submit my resume for the position in the other group. So there are examples both ways. Couple years later and this wasn't even mentioned. So it did exist in some form at some point. I never moved jobs in the last 12 years though so I am guessing I don't fit into the class requirements.

  15. Silicon Valley has changed over the years by Anonymous Coward · · Score: 0

    Silicon Valley sure sounds a lot like Wall St nowadays, and reminds me of a certain movie:

                                        "Whatever, same thing, I made almost a
                                        quarter of a million dollars last year...
                                        for what... pushing some numbers around
                                        on a computer screen, so a bunch of
                                        glorified crack addicts could take that
                                        information and pretend to understand it,
                                        and then make a bet against some other
                                        jock half way around the world who if he
                                        wasn't doing this would probably be in
                                        some OTB somewhere putting it all on
                                        number seven. And at the end of the day
                                        one guy loses and the other guy wins.