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Plaintiff In Tech Hiring Suit Asks Judge To Reject Settlement

An anonymous reader writes with news that Michael Devine, one of the plaintiffs in a lawsuit accusing tech firms including Apple and Google of conspiring to keep salaries low, has asked the court to reject a $324 million settlement. "Apple has more than $150 billion in the bank, eclipsing the combined cash reserves of Israel and Britain. Google, Intel and Adobe have a total of about $80 billion stored up for a rainy day. Against such tremendous cash hoards, $324 million is chump change. But that is what the four technology companies have agreed to pay to settle a class action brought by their own employees. The suit, which was on track to go to trial in San Jose, Calif., at the end of May, promised weeks if not months of damaging revelations about how Silicon Valley executives conspired to suppress wages and limit competition. Details of the settlement are still under wraps. 'The class wants a chance at real justice,' he wrote. 'We want our day in court.' He noted that the settlement amount was about one-tenth of the estimated $3 billion lost in compensation by the 64,000 class members. In a successful trial, antitrust laws would triple that sum. 'As an analogy,' Mr. Devine wrote, 'if a shoplifter is caught on video stealing a $400 iPad from the Apple Store, would a fair and just resolution be for the shoplifter to pay Apple $40, keep the iPad, and walk away with no record or admission of wrongdoing? Of course not.' 'If the other class members join me in opposition, I believe we will be successful in convincing the court to give us our due process,' Mr. Devine said in an interview on Sunday. He has set up a website, Tech Worker Justice, and is looking for legal representation. Any challenge will take many months. The other three class representatives could not be reached for comment over the weekend."

215 comments

  1. if you want your day in court by ganjadude · · Score: 4, Informative

    you dont join class actions. Everyone should know by now that the only people who get rich in class actions are the lawyers. If you believe you have been wronged, bring a suit yourself

    --
    have you seen my sig? there are many others like it but none that are the same
    1. Re:if you want your day in court by i+kan+reed · · Score: 4, Insightful

      Which raises the question: Why does the legal system allow settling class action suits? When is that ever a desirable result for the government's interest(stability, rule of law)?

    2. Re:if you want your day in court by kaizendojo · · Score: 2

      Everyone should know by now that the only people who get rich in ANY LEGAL actions are the lawyers.

      Fixed that for you.

    3. Re:if you want your day in court by coolsnowmen · · Score: 4, Informative

      This has been covered here before

      You do not have the resources to beat the likes of apple in a case like this unless you have video of them laughing at your resume as they burn it and shout, "We're conspriing not to hire this guy!"

    4. Re:if you want your day in court by coolsnowmen · · Score: 5, Insightful

      And even then, if you did, they would make it a condition of the settlement that you not talk about it, that they admit no wrong, and you'd get a couple thousand dollers while they continued their conspiracy ( making it more difficult for everyone to negotiate for higher saleries).

    5. Re:if you want your day in court by Charliemopps · · Score: 1

      you dont join class actions. Everyone should know by now that the only people who get rich in class actions are the lawyers. If you believe you have been wronged, bring a suit yourself

      He probably will. But it would be prudent to try and get the Class Action back on track first.

    6. Re:if you want your day in court by shadowrat · · Score: 4, Funny

      Everyone should know by now that the only people who get rich in ANY LEGAL actions are the lawyers.

      Fixed that for you.

      Don't be so pessimistic. I have it on good authority that several people i see on tv got hundreds of thousands of dollars after their accidents. They look real happy.

    7. Re:if you want your day in court by ehiris · · Score: 2

      Except, this is not about the money as much as about exposing the filthy disgusting shit these people do to keep people from earning what they are worth.

      And we should all wonder how that looks on the global scale. If they get away with this type of stuff in the US, image what they get away with in countries with extremely corrupt governments.

    8. Re:if you want your day in court by Anonymous Coward · · Score: 0

      If you believe you have been wronged, bring a suit yourself

      It isn't a matter of believing if you have been wronged. It is a matter of believing that you can win.
      If you can afford to take Apple and Google to court by yourself then you have more money than you need to begin with.

    9. Re:if you want your day in court by Anonymous Coward · · Score: 0

      Except, this is not about the money....

      BWAHAHAHAHAHAHahahahahahahahahahaha!!

      You think this isn't about the money? Really? This is 100% about the money. Not only in the sense that people are greedy and want to get their hands on Apple's (and Adobe's, Google's, and Intel's) cash horde (as exemplified by the fact that their cash horde is a big part of why this guy wants to get the class action suit back on track) but it's a case about people not being paid what they believe a fair market would have paid them. This case could not be more about the money if they tried. EVERYTHING about this case is about the money.

    10. Re:if you want your day in court by fredprado · · Score: 1

      In this case it should be viewed as more a matter of hurting the corporations and making it unprofitable for them to try and do it again than about receiving money back.

      That said class actions are usually lacing regarding compensations because of settlings. THAT is a much bigger greater problem with the judicial system. As soon as something went to court settling should not be allowed anymore. Settling should be an option BEFORE going to court,

    11. Re:if you want your day in court by Anonymous Coward · · Score: 5, Insightful

      because .....

      lawyers want it that way, because fast settlements are easy money for the lawyers (who often dont care which side they're on or even if they win or lose, so long as they cash in), and they pad the pocketbooks of those who make, enforce, and interpret the laws.

      and

      big rich businesses and their fat-cat owners and executives want it that way, because fast settlements with (almost always) no admittance of guilt, no airing of dirty laundry, and for a mere fraction of what a suit is for, is what they want, and they stuff those same pockets.

      and as far as 'desired result' for the "government's interests" that's easy.. settlement means less workload for the 'system'.. they dont really care about outcomes, or fairness... because those who allow it to happen, happen to be the ones with the aforementioned pockets... fewer tax dollars supporting the 'system' means more available to give back to the rich via loopholes and credits, or to fund their favorite pork projects.

    12. Re:if you want your day in court by larry+bagina · · Score: 1

      There was one person (hr/recruiter at google) fired for soliciting an Apple employee, with an email chain to prove it. I'd say s/he's got a pretty strong case but everyone else has a pretty weak case. They got less job offer spam in their inbox and want to get paid for it?

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    13. Re:if you want your day in court by jythie · · Score: 1

      While it is debatable how good a mechanism it is, class action lawsuits are supposed to make it so people who could not afford a lawsuit can band together to take on companies with significant legal resources. Lawsuits are EXPENSIVE, esp when you are going against big companies. Such a fight is out of the range of most average people, the research costs along would bankrupt them.

    14. Re:if you want your day in court by jythie · · Score: 1

      Though to be fair, when looking at the actual income of most lawyers, that money gets pretty spread around. Handling such a suit requires a lot more then a few people sitting in an office writing stuff down. Research costs and expert witnesses, not to mention the mountain of data that needs to be looked at by hand, really ads up.

      That is not to say lawyers (at least partners) do not make a pretty penny, but it is not nearly as profitable to the individual as people tend to think.

    15. Re:if you want your day in court by SailorSpork · · Score: 1

      Which it seems they basically had.

    16. Re:if you want your day in court by The123king · · Score: 1

      And the lawyers won't take fees unless i win!

      --
      If you gave me a choice between a printer and a giraffe with explosive diarrhoea, i'll get my ladder and my raincoat
    17. Re:if you want your day in court by kick6 · · Score: 4, Insightful

      When is that ever a desirable result for the government's interest(stability, rule of law)?

      You seem pretty sure that stability, rule of law is the government's interest. Is it? Or is it re-election, campaign finance?

    18. Re:if you want your day in court by Xicor · · Score: 1

      because class action lawsuits are supposedly much cheaper per person than one person... a one person lawsuit would just get totally overpowered by a corporation until he was destitute and couldnt afford to continue the lawsuit.

    19. Re:if you want your day in court by westlake · · Score: 1

      you dont join class actions. Everyone should know by now that the only people who get rich in class actions are the lawyers.

      It is not easy to get a US federal court to proceed with a class action --- and generally very bad news for the plaintiff when one goes forward.

      To assume that a class action benefits only the lawyers is nonsense.

      In a victory for opponents of mandatory arbitration, Charles Schwab & Co. has agreed to pay $500,000 and remove a controversial provision from customer contracts that would require arbitration of class action claims.

      The settlement stems from a complaint by the Financial Industry Regulatory Authority Inc. in February 2012 that Schwab had violated Finra rules by including class action waivers in more than 6.8 million customer contracts.

      In February 2013, a Finra panel ruled that the Federal Arbitration Act superseded the regulator's rules and allowed Schwab to include language in its customer contracts blocking customers from consolidating multiple claims in arbitration or participating in judicial class actions, even when the agreement violated Finra rules.

      In this case, the board stepped in and overturned the hearing panel's initial decision, finding that ''the FAA does not preclude Finra's enforcement of its rules,â the board said in its decision.

      ''Over the last year, [a Schwab representative said,] we heard clearly that a number of our clients and members of the general public have strong feelings about maintaining access to class action lawsuits. 'We have agreed with Finra to remove the waiver from our account agreements, rather than seeking further legal appeals on the matter.''

      Schwab pays $500,000 to settle Finra dispute over class action waivers

      This story gets all the more interesting when you realize what FINRA is and does.

      FINRA is a private corporation that acts as a self-regulatory organization (SRO). FINRA is the successor to the National Association of Securities Dealers, Inc. (NASD) and the member regulation, enforcement and arbitration operations of the New York Stock Exchange. It is a self-regulatory organization, a non-governmental organization that performs financial regulation of member brokerage firms and exchange markets. The government agency which acts as the ultimate regulator of the securities industry, including FINRA, is the Securities and Exchange Commission.

      All told, FINRA oversees about 4,250 brokerage firms, about 162,155 branch offices and approximately 629,525 registered securities representatives.

      FINRA offers regulatory oversight over all securities firms that do business with the public, plus those offering professional training, testing, and licensing of registered persons, arbitration and mediation, market regulation by contract for the New York Stock Exchange, the NASDAQ Stock Market, Inc., the American Stock Exchange LLC, and the International Securities Exchange, LLC; and industry utilities, such as Trade Reporting Facilities and other over-the-counter operations.

      FINRA operates the largest arbitration forum in the United States for the resolution of disputes between customers and member firms, as well as between brokerage firm employees and their firms.

      Financial Industry Regulatory Authority

    20. Re:if you want your day in court by TubeSteak · · Score: 3, Interesting

      Which raises the question: Why does the legal system allow settling class action suits?

      If you look at the statistics, it's something like 80%~95% of lawsuits get settled, depending on the type of court.

      The legal system not only allows the settling of [any] law suits, it prefers them.
      Judges spend less time judging and more time signing/refereeing settlements.

      Settlements are the main means by which the law is imposed in the United States.

      --
      [Fuck Beta]
      o0t!
    21. Re:if you want your day in court by Raul654 · · Score: 1, Insightful

      > Why does the legal system allow settling class action suits?

      Because when all the basic facts are the same, it makes *a lot* more sense to have one trial covering 64,000 victims than it does to have 64,000 trials. The *only* people who benefit from having all those unnecessary trials are the lawyers. If anything, class actions are less profitable for lawyers than the alternative.

      Furthermore, unlike this case (where each plantiff suffered substantial harm: tens or hundreds of thousands of dollars each), imagine a case where the harm suffered is small-but-nonzero. (For example, a few years back, the music CDs with the rootkits on them. For most people, the harm is the cost of the CD, around $15. Maybe twice to four times that if you want to include the cost of rootkit removal) In those cases, nobody in their right mind is going to spend hundreds or thousands of dollars to file a lawsuit to recover $15. So the victim's choice is a class action suit or nothing at all.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    22. Re:if you want your day in court by Anonymous Coward · · Score: 1

      Class actions aren't about getting rich, they are about punishing a wrongdoing to deter future occurrences. I think any settlement should have to be given to a non-profit charity chosen by the plaintiffs. That way the money is put to a use that is beneficial to society.

    23. Re:if you want your day in court by tlhIngan · · Score: 5, Insightful

      because class action lawsuits are supposedly much cheaper per person than one person... a one person lawsuit would just get totally overpowered by a corporation until he was destitute and couldnt afford to continue the lawsuit.

      Because a class action helps solve the "steal from many" problem.

      What's worse for society - someone that steals $1M from someone else? Or something that steals $1 from 1M people? The outcome is the same, yet there is willingness to pursue the former and ignore the latter.

      Think of it this way - your phone bill goes up $5 per month. Over say, 5M subscribers, that's $25M more revenue per month, or a whopping $300M per year. Well, slightly less... see...

      And you know what? 99.99% of the people won't do a single thing - the cost to write in and complain is more than $5. For those that do the effort, well, just cut them a $5 cheque, or more likely a $5 credit off next month's bill. At which point they'll continue the $5 charge, repeating again.

      Oh, but you can't cancel, because you're in a contract. And some abusive ones really allow for "reasonable increase in costs".

      And now the CEO gets a new yacht and a big fat bonus. Next year they'll ding everyone $2 more.

      The class-action was formed for this abuse - because in the end, most people cannot be bothered to claim back what really amounts to a couple hundred bucks in the end by going to court, and it's easy to buy off those that do by writing them a cheque for the refund after making it as difficult as possible.

    24. Re:if you want your day in court by JMJimmy · · Score: 5, Interesting

      Everyone should know by now that the only people who get rich in ANY LEGAL actions are the lawyers.

      Fixed that for you.

      As someone who has intimate knowledge of a very successful law office (1000+/hour rates) the number of times they almost went bankrupt or had to risk their personal financial well being to support the business is crazy. The number of hours and stress level is beyond anything I'd consider putting myself through. At the end of the day they pull in a lot of money but one big case going sour at the wrong time can ruin them.

      One problem most people don't consider is that these companies have dozens or hundreds of employees (depending on the size), most of them have to be skilled because one mistake can derail a case; that means high pay for quality employees. Then you've got the issue of delays - many cases can drag on for years, even decades, which means you've got to plan your revenue stream based on best guess of if/when cases will pay out and how much they'll bring in. All the while the employees, rent, taxes, loans, etc. need to be paid - a medium sized firm (15-30 people) can have up to $250,000 in costs/month. That's a lot of money for such an uncertain business model.

    25. Re: if you want your day in court by Anonymous Coward · · Score: 0

      Think about it... This guy is a whiny little bitch who will now be fired at his earliest convenience for coming forward, all because he thought that $2500 to make up for years of lower wages, no upward momentum, and no other job options was the fault of some giant conspiracy instead of him just being an entitled, whiny little bitch.

    26. Re:if you want your day in court by plopez · · Score: 2

      Now you are blaming the victim. If Apple, Google setc. had, to coin a phrase, "Done no evil" we wpouldn't need lawyers now would we? So would your solution be to get rid of lawyers and allow evil to triumph?

      --
      putting the 'B' in LGBTQ+
    27. Re:if you want your day in court by Anonymous Coward · · Score: 0

      Larry H Parker got me 2.1 million

    28. Re:if you want your day in court by Jane+Q.+Public · · Score: 4, Interesting

      Settlements are the main means by which the law is imposed in the United States.

      Civil law, you mean.

      And I think it's deplorable. Settlements can and often have been used for intimidation and abuse. Look at the recent copyright troll suits for instance.

    29. Re:if you want your day in court by BradMajors · · Score: 1

      True. While I have received $1,000+ in class action lawsuits that is an insufficient amount of money to make me "rich". Where can I find a lawyer who is willing to sue a corporation for $500?

    30. Re:if you want your day in court by pootypeople · · Score: 1

      The courts aren't really subject to re-election pressures the same way officials in the other branches are. Even in states that elect their supreme court the incumbents almost always win. Federal judges are appointed for life so only truly bad behavior on their part will get them removed from office.

    31. Re:if you want your day in court by tramp · · Score: 1

      If they get away with this type of stuff in the US, image what they get away with in countries with extremely corrupt governments.

      You really think there are countries which are more corrupt then the US government?

    32. Re:if you want your day in court by Anonymous Coward · · Score: 4, Informative

      It's not a video, but the email exchange that's already been made public is pretty damn close to this. It basically reads:

      Stevie J: Hey Eric, you're trying to hire one of our employees and we agreed not to do that.
      Schmidt: Right...won't happen again...the recruiter in question has been sacked to make an example.
      Stevie J: :-)

    33. Re:if you want your day in court by Anonymous Coward · · Score: 0

      As someone who has intimate knowledge of a very successful law office (1000+/hour rates) the number of times they almost went bankrupt or had to risk their personal financial well being to support the business is crazy. The number of hours and stress level is beyond anything I'd consider putting myself through. At the end of the day they pull in a lot of money but one big case going sour at the wrong time can ruin them.

      ...

      All the while the employees, rent, taxes, loans, etc. need to be paid - a medium sized firm (15-30 people) can have up to $250,000 in costs/month. That's a lot of money for such an uncertain business model.

      And just about everything you said (except the scale of pay and costs per person) apply just as much the factory that makes toothbrushes. So, yea, it's hard for me to cry a river for lawyers who do end up getting $1000+/hour pay when society bemoans a factory work doing the most mentally mundane of work with little in terms of break time might dare to be paid $10-$15/hour.

    34. Re:if you want your day in court by Anonymous Coward · · Score: 1

      Yes. What percentage of Americans have ever even been asked for a bribe, let alone paid one?
      You obviously don't understand the corruption that is a way of life in places like Chad, Yemen, and Venezuela.

    35. Re:if you want your day in court by LetterRip · · Score: 1

      They actually have this type of smoking gun in the emails from Apple to Google and from Google to Apple.

      This is a ridiculously slam dunk case.

    36. Re:if you want your day in court by fustakrakich · · Score: 5, Interesting

      Settlements for civil law and plea bargaining for criminal law. Both for the sole purpose of expediency, and intimidation and abuse.

      --
      “He’s not deformed, he’s just drunk!”
    37. Re:if you want your day in court by Anonymous Coward · · Score: 0

      Part of that is the lawyers (as a class) setting the system up to work that way. It is another kind of barrier to entry.

    38. Re:if you want your day in court by Anonymous Coward · · Score: 0

      No, law offices don't have that many employees. Never have I been in a law office that had more than 2 employees per partner. There are probably a million law offices, how many do you think have that may employees and almost go bankrupt? Is it 1%? 5%?

      This is as stupid as arguments about med school. These are CHOICES.

    39. Re:if you want your day in court by Anonymous Coward · · Score: 0

      The *only* people who benefit from having all those unnecessary trials are the lawyers. If anything, class actions are less profitable for lawyers than the alternative.

      Furthermore, unlike this case (where each plantiff suffered substantial harm: tens or hundreds of thousands of dollars each), imagine a case where the harm suffered is small-but-nonzero. (For example, a few years back, the music CDs with the rootkits on them. For most people, the harm is the cost of the CD, around $15. Maybe twice to four times that if you want to include the cost of rootkit removal) In those cases, nobody in their right mind is going to spend hundreds or thousands of dollars to file a lawsuit to recover $15. So the victim's choice is a class action suit or nothing at all.

      You realize this, I think, but it didn't quite flow from your comment. Since the alternative in the vast majority of cases is no lawsuit at all, the lawyers certainly profit more from a class action suit than any other alternative. There are lawyers who do pro bono work or take on cases because they genuinely believe some party has been wronged and deserves justice. However, being a trial lawyer is a high stakes high stress job and most would rather do something else if not for the money. I just mean to point out that there's plenty of motivation for a lawyer to push for a class action rather than being driven solely by the class.

    40. Re:if you want your day in court by Anonymous Coward · · Score: 0

      Class actions are a terrible way for an individual member of the class to be made whole.

      They're pretty good, though, at getting a company to stop doing something which affects a largeish number of people.

    41. Re:if you want your day in court by Anonymous Coward · · Score: 0

      the sole purpose

      You keep using that word.

      of expediency, and intimidation and abuse

      I do not think it means what you think it means. :)

    42. Re:if you want your day in court by Anonymous Coward · · Score: 0

      Because, even if you can't make the harmed whole, at least you can make the guilty pay.

    43. Re:if you want your day in court by Raseri · · Score: 1

      There's India, North Korea, China, Iran, and so on.

      --
      Writhe your naked ass to the mindless groove.
    44. Re:if you want your day in court by i+kan+reed · · Score: 1

      That's the reason they run courts at all. A government can rule by fiat, and for most of human history they had exactly that sort of government.

    45. Re:if you want your day in court by Jane+Q.+Public · · Score: 1

      Settlements for civil law and plea bargaining for criminal law. Both for the sole purpose of expediency, and intimidation and abuse.

      Yes, good point. I could be wrong, but I do think that both of these schemes emerged from an honest desire to expedite actual justice. But over time, they got corrupted and distorted.

    46. Re:if you want your day in court by Anonymous Coward · · Score: 0

      tldr: Rich feeding the rich while the poor starve

      An old story repeated for for millennia. If only people did something about that. Oh well easy come and easy go, everyone will be singing the same tune forever, mark my words.

      The more things change, the more they stay the same

    47. Re:if you want your day in court by Anonymous Coward · · Score: 0

      because .....

      lawyers want it that way, because fast settlements are easy money for the lawyers (who often dont care which side they're on or even if they win or lose, so long as they cash in), and they pad the pocketbooks of those who make, enforce, and interpret the laws.

      and

      big rich businesses and their fat-cat owners and executives want it that way, because fast settlements with (almost always) no admittance of guilt, no airing of dirty laundry, and for a mere fraction of what a suit is for, is what they want, and they stuff those same pockets.

      and as far as 'desired result' for the "government's interests" that's easy.. settlement means less workload for the 'system'.. they dont really care about outcomes, or fairness... because those who allow it to happen, happen to be the ones with the aforementioned pockets... fewer tax dollars supporting the 'system' means more available to give back to the rich via loopholes and credits, or to fund their favorite pork projects.

      Since you know how to use forms of punctuation, now how about learning how to use capitalization?

    48. Re:if you want your day in court by viperidaenz · · Score: 1

      because it's the tax payer who would pay for the courts time for 64,000 individual, identical cases. Much more efficient to do it once.

    49. Re:if you want your day in court by lsllll · · Score: 2

      We apologise again for the fault in the subtitles. Those responsible for sacking the people who have just been sacked have been sacked.

      --
      Is that a roll of dimes in your pocket or are you happy to see me?
    50. Re:if you want your day in court by JMJimmy · · Score: 1

      That kind of lawyer might deal in real estate law or family law. When you get into the bigger cases (med mal, corporate, class actions, etc) you'll easily get up to 15 underlings per partner and 2-5 per non-partner lawyer.

    51. Re:if you want your day in court by JMJimmy · · Score: 1

      The factory that makes toothbrushes will have a baseline for their sales every quarter - it'll fluctuate a little but there's little risk of people not buying toothbrushes. That said, you're not making much sense because in your analogy the lawyer would be equivalent to the executives who are making the millions. The junior law clerk getting paid 35k/year isn't much better off than the factory worker.

    52. Re:if you want your day in court by Anonymous Coward · · Score: 0

      The factory that makes toothbrushes will have a baseline for their sales every quarter - it'll fluctuate a little but there's little risk of people not buying toothbrushes.

      There's little risk of people not needing a lawyer. There is a risk of people going to competitors. And because they choose to, there's a greater risk if they go after the less steady, higher profile cases, but that's equivalent to making high-end toothbrushes and seeing demand wildly fluctuate.

      That said, you're not making much sense because in your analogy the lawyer would be equivalent to the executives who are making the millions. The junior law clerk getting paid 35k/year isn't much better off than the factory worker.

      Yea, that'd tend to be my point. It's hard to cry a river for executives who make millions--and potentially risk millions, but only after the company/firm has itself risked millions--when their least vested employee with virtually no say in the fate of the company can be readily fucked out of a job because of risk-seeking executives. So, the junior law clerk is in the same boat--except people don't talk about whether junior law clerks "deserve" that 35k/year.

    53. Re:if you want your day in court by Anonymous Coward · · Score: 0

      you dont join class actions. Everyone should know by now that the only people who get rich in class actions are the lawyers. If you believe you have been wronged, bring a suit yourself

      The plaintiff did NOT join the class action. This is one of the NAMED plaintiffs that the lawyers are directly representing. He stands to make a lot more than anyone in the class - and he's not happy with what his own lawyers have done.

      RTFA? Oh right, you are IANAL also NRTFA.

    54. Re:if you want your day in court by JMJimmy · · Score: 1

      No, it's not analogous.

      Lets say you're a toothbrush seller - you get an order for 5,000 toothbrushes, you fill the order and get paid within 90 days at most. Yes, there's a chance that people will buy another company's toothbrushes and that is a risk in any business. But the risk is fairly low comparatively and if you don't get the order you don't manufacture those brushes. The risk that you don't get paid for one shipment is also fairly low and won't sink the business overall due to the loss of one sale because they make thousands of sales.

      A lawyer on the other hand, once they accept a case the money outlay starts right away (technically before they even accept the case). Typically, it's a 1-2 year turn around time minimum, if the case doesn't go to trial or get held up further. If the case settles for less than expected (ie: the opposition lowballs and the person takes it because they can't afford to hold out for what they actually deserve... happens all the time in med mal), the lawyer may lose money on it. That or the person does hold out and instead of getting paid in 1-2 years the lawyer is looking at 7-10 years before they get paid in some cases (assuming they win).

      Lets assume a lawyer can close 25 cases in a year (that's on the high end), that's $120,000 per case just to break even. Now, that would be so bad if it was as simple as "close 3 cases in a month and expenses are covered with a tidy profit"... except that if you don't plan properly or things go awry you may have a 6 or a 9 month period without closing/earning on any cases. Banks aren't going to extend $1.50-2.25 million line of credit on $5 million in revenue because that revenue isn't guaranteed it's speculative. That means the lawyer has to pony up their personal money to keep the business afloat long enough to get some money coming in.

      Lawyers do well for themselves but very few will have that kind of money laying around just in case of a bad stretch. I've seen them go to family/sell their home/etc to make payroll one year and be able to buy a home and cottage the next.

  2. Great! by Anonymous Coward · · Score: 0

    An iPad for 40$? Sign me up!

    1. Re:Great! by egr · · Score: 1

      That only works if you have billons of dollars in a bank. Otherwise it is 6 month in jail and/or fine.

  3. Time for a union that is only way to get the power by Joe_Dragon · · Score: 5, Informative

    Time for a union that is only way to get the power to the workers!

  4. Sue your employer/potential employer! by penguinoid · · Score: 4, Funny

    That never turns out badly.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:Sue your employer/potential employer! by timeOday · · Score: 3, Insightful
      Those of us without the guts to do this should at least cheer on those who do.

      Alternate response: they have already received an opening offer of $324M, how 'bout you?

  5. Phantom cash by Anonymous Coward · · Score: 0

    They have those cash reserves, sure. Until the tax man comes looking for it...

    1. Re:Phantom cash by thaylin · · Score: 1

      Tax man, hahahahahahahaahahahahahahha, that is so funny. Silly AC didnt you know they have that on hand because the tax man does not come for corperations, only us peons.

      --
      When you cant win, ad hominem.
    2. Re:Phantom cash by Ozymandias_KoK · · Score: 1

      Not relevant. You're taxed on profits (generally), not sheer amount of cash you may or may not be sitting on.

  6. so sad... by Anonymous Coward · · Score: 0

    After the Lawyers take their 40% that leaves about $3100 per class member. Incredible.

  7. Yes but the difference is who you steal from by Anonymous Coward · · Score: 0

    Obvious, no?

  8. Lawyers didn't do their job by jmcbain · · Score: 5, Informative
    From the NY Times article:

    Mr. Devine said he told his lawyers that he found the settlement inadequate as it was being negotiated, but they ignored him. Lawyers in the case declined to comment on Sunday. ... As a class representative, he is eligible for an incentive award for the time and effort he put into the case. His lawyers have asked the court to approve a $20,000 payment for each representative from settlements reached last year against three other defendants in the suit — Lucasfilm, Pixar and Intuit. A similar payment might be forthcoming from the settlement with Apple, Google, Intel and Adobe. Even if the case went to trial and the plaintiffs got the full $9 billion, he would not get much more.

    1. Re:Lawyers didn't do their job by NoNonAlphaCharsHere · · Score: 4, Funny

      When a lawyer says "It's not the money, it's the principle", it's the money.

    2. Re:Lawyers didn't do their job by Anonymous Coward · · Score: 1

      When a lawyer says "It's not the money, it's the principle", it's the money.

      That's what you *heard* the lawyer say. What he really says is:

      "It's not the money, it's the principal"

    3. Re:Lawyers didn't do their job by Anonymous Coward · · Score: 0

      The lawyers probably got a couple of hundred million for agreeing to this settlement.

  9. Re:Why does how much money the company's have matt by pnutjam · · Score: 4, Informative

    RTFA, the reward is about 1/10 of the damage done, insulting and hardly a deterrent.

  10. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    Time for a union that is only way to get the power to the workers!

    Careful the all powerful think tank of bullshit will smacktard you with some verbal backwash. Think of the children and puppies!!

  11. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 5, Insightful

    Really as much as the libertarian crowd hates unions here, this is the kind of thing they were created to stop- worker exploitation and malfeasance by those who own the means of production.

  12. Re:Time for a union that is only way to get the po by DoofusOfDeath · · Score: 0

    Unions have pros and cons. You don't get one without the other. Careful analysis should be done before assuming that unionization would be a net gain.

  13. Which text editor.... by Dareth · · Score: 1, Funny

    Which text editor....is the official text editor of this union?

    I will not be associated with beeping VI users.

    Emacs is my favorite operating system, even if the text editor is a bit on the weak side.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
    1. Re:Which text editor.... by Anonymous Coward · · Score: 0

      I will not be associated with beeping VI users.

      Emacs is my favorite operating system, even if the text editor is a bit on the weak side.

      I thought VI was the official text editor for Emacs.

  14. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 1

    considering that those 64000 employees were a direct contributor to the cash horde that these companies now hold.
    how can a company have that much money without the employees who made it happen?
    i would say that they're entitled to a larger chunk.

    consider also that the amount lost by your average employee in this case was upwards to 150,000 - 200,000 dollars over a 4-5 year period. (yes, they really were keeping salaries that deflated) scale that up and you'll easily see why this $324m number is a gross miscarriage of justice.

  15. ouch... so low by CamelTrader · · Score: 3, Informative

    assuming that attorneys don't eat all the settlement money, this is what, like $6,000 bucks per person in the class?

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    1. Re:ouch... so low by Anonymous Coward · · Score: 0

      try ~$750
      for what was a loss of around 30k per year. (and in some cases far more)

    2. Re:ouch... so low by Anonymous Coward · · Score: 0

      It's adjusted based on employment time.

  16. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 1

    It depends on whether there are punitive damages in the award. The purpose of punitive damages is to punish and prevent the behavior from happening again in the future. Thus, in making the award, one can certainly consider whether the damages are 'chump change' or not to the companies involved.

    On the flip side of the coin, because punitive damages might result in an unfair windfall for the plaintiffs -- e.g., should someone get a million bucks if (s)he was only harmed by $50,000? -- the court has the power to direct that portion of the excess money go to charities or to a trust fund or something similar.

  17. Re:Time for a union that is only way to get the po by Charliemopps · · Score: 5, Interesting

    Time for a union that is only way to get the power to the workers!

    Apparently you've never worked for a union. You just pass your power on to the union, whose best interest is the union, not you. I'm not against organized labor, but unions in this country are usually even worse than they corporations they are supposed to protect you against.

    I've worked for 3 different union shops in my time and they were all the same. Got seniority? You can't get fired... ever. People would come in drunk and the UAW would protect them. We had teams of people that sat reading books at a picnic table all day just in case someone went home sick, they were making $25/hr to do that. I also worked for AT&T. At one point I had a customer having a problem with a particular database. It was outside my normal functions but they were dead in the water and the department that was supposed to handle it wasn't returning their calls. I fixed it, got commended by management. A month later I had a union grievance filed against me for doing the work someone else should have done. They actually tried to fine me. Luckily I got a new job before they could complete the case and I just told them to stuff it when they decided against me.

    This is all anecdotal personal experience so take it with a grain of salt. Maybe I just had bad luck. But I'm done with unions.

  18. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 0

    The damages paid in the settlement are 1/30 as large as they should be. The amount of money the companies have simply indicates that they would be able to pay the full amount, and that it doesn't make sense to settle for less. (You'd accept a settlement for less than you're owed, if that's all the money the defendant had).

  19. Re:Why does how much money the company's have matt by serviscope_minor · · Score: 1

    he reward should be based on the damage done not the size of the defendants bank account.

    No, I think in an illegal action like this (and yes, it is very much illegal), the amount should serve as a disincentive to engage in illegal behaviour. If it's limited to only the amoun they make, then the worst case is they are no worse off than if they broke the law. Basically that gives them an incentive to break the law since there are no negative consequences.

    Also, they broke the law to the tune of £3e9, to $3e8 as a settlement is pathetic.

    --
    SJW n. One who posts facts.
  20. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 0

    Oppps we stole $3B from our workers, our bad! Here is $324 Million, we good right?

  21. That's why I prefer our fine system by Opportunist · · Score: 4, Interesting

    (fine as in punishment not as in splendid. But it's fine too)

    If you are found guilty (or if you settle, don't think you get off cheaply), you're not fined a fixed sum. You're fined a part (or even multiple) of your annual income. That can be quite substantial in case of corporations. Which is also the reason for the insane fines you hear about when some corporation gets slammed by the EU or a state around here again.

    Personally, I consider it a good system. Nobody can simply ignore the law because fines are a pittance to them. A year's income is a year's income, and losing that HURTS. Whether you make 4 or 7 digits (or in case of a corporation, 10+).

    The nice side effect is that this also means we have more people paying fines rather than sitting in some prison because they can't. Fines put money in the state treasury. People in jail cost money.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:That's why I prefer our fine system by dimeglio · · Score: 1

      In the event of a breach of civil law (non criminal), aren't fines proportional to the tort the breach has caused? Judges usually take into account the ability to pay of the corporation when deciding on the amount. If it has to be exemplary, then the amounts would be significant. In all cases, the objective is not to kill the company but to ensure they put to settled the tort caused and more important, put in place better practices to prevent re-occurrence.

      --
      Views expressed do not necessarily reflect those of the author.
    2. Re:That's why I prefer our fine system by Anonymous Coward · · Score: 0

      In the future, please make it clear who the "we" actually is.

    3. Re:That's why I prefer our fine system by phorm · · Score: 1

      Which is also the reason for the insane fines you hear about when some corporation gets slammed by the EU or a state around here again.

      Given that fines in the US cases don't seem to invoke much of a change (we'll just switch from shady practice A to slightly different shady practice B), I'd say that the fines in the US are the one that are insane. Big isn't crazy when it needs to be big to be effective...

    4. Re:That's why I prefer our fine system by Lonewolf666 · · Score: 1

      Actually the fines in the EU are not all that large, compared to the site of businesses. IIRC the maximum is 10% of the yearly turnover of the company. And that is rarely applied.

      The biggest fine ever handed out was against Microsoft, $794 million in 2004 and an additional $448.58 million in 2006 because they failed to comply with their obligations from the 2003 ruling.
      (http://en.wikipedia.org/wiki/European_Union_Microsoft_competition_case#Judgement)
      By comparison, Microsoft's revenue from 2003 was around 32 billion $, so the fine was roughly 4% of yearly turnover.

      --
      C - the footgun of programming languages
    5. Re:That's why I prefer our fine system by evilviper · · Score: 1

      A year's income is a year's income, and losing that HURTS. Whether you make 4 or 7 digits (or in case of a corporation, 10+).

      It'll only work for a short while. 10 years from now, when you're suing Apple, I'm sure their accounts will be able to document the fact that the company is only pulling in a 4-figure income. Those billions of dollars are actually going to unrelated companies, owned by lawyers, which aren't actually owned by or part of Apple.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    6. Re:That's why I prefer our fine system by Opportunist · · Score: 1

      The EU tends to be pretty good at ferreting out when you try to hide some taxes. Usually, all you accomplish is getting tax evasion tacked onto your list.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:That's why I prefer our fine system by evilviper · · Score: 1

      The EU tends to be pretty good at ferreting out when you try to hide some taxes.

      Tell that to all the companies quite successfully using the Double-Irish or Dutch sandwich methods...

      https://en.wikipedia.org/wiki/...

      Usually, all you accomplish is getting tax evasion tacked onto your list.

      But tax avoidance is legal, and they can easily afford all the accountants and lawyers they need to ensure they stay just barely on the correct side of that line, so there's no such downside, and many millions of dollars in upsides.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  22. Re:Why does how much money the company's have matt by Opportunist · · Score: 1

    A punishment should hurt. If the penalty for breaking the law is a pittance, why bother upholding the law?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  23. Re:Why does how much money the company's have matt by UnknowingFool · · Score: 1

    Unfortunately for the plaintiffs, usually the real winners are the lawyers. $3B or $324M: most of it will go to the lawyers.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  24. Re:Time for a union that is only way to get the po by shadowrat · · Score: 1

    Time for a union that is only way to get the power to the workers!

    bah. the heyday of unions was back when people were literally being worked to death. i make really good money. I have a really safe job environment. I get more vacation than i know what to do with. Honestly, I've only ever worked one weekend that wasn't my choice. I was able to quit that job on a whim and get a better one.

    Other than that, the worst parts of my career are the times when i feel like i have to work with a technology that isn't my favorite technology. I'm not about to start paying dues to some shady organization for the promise that i'll never have to touch VB or the Facebook api again.

  25. Re:Time for a union that is only way to get the po by gnupun · · Score: 1

    Unions means the smart programmer and the average programmer get almost the same salary. Do you want that?

  26. Re: Why does how much money the company's have mat by Anonymous Coward · · Score: 0

    When you get to keep 90% of your ill gotten gains in a settlement, I think it behaves everybody to sit up and say what the fuck!

  27. Re:Why does how much money the company's have matt by EvanED · · Score: 1

    The damages paid in the settlement are 1/30 as large as they should be

    Well, as large as they hypothetically could(?) be if it went to trial and the plaintiffs won and the judge decided to stick it to the defendants. Not every trial does or should result in the maximum verdict.

    The amount of money the companies have simply indicates that they would be able to pay the full amount, and that it doesn't make sense to settle for less

    It also makes sense to settle as a risk management strategy. Defendants settle to avoid the risk of a guilty verdict* that will cost more, and plaintiffs settle to avoid the risk of a not guilty verdict that will at best get them nothing and at worst sic them with legal bills.

    * I don't know if civil trials technically use the "guilty"/"not guilty" terms; probably they do not.

  28. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 0

    The real winners will be future employee's if the award is large enough to have a real deterrence effect. Which is the point of a class action, not to let companies get away with lots of small injustices. It is, in fact, the principle of the matter that these companies be made to answer for their actions.

  29. Because the money isn't theirs by sjbe · · Score: 2

    So... because Apple has a lot of cash on hand they should have to pay more in damages?

    Because the settlement apparently doesn't make the plaintiffs whole and Apple has the cash to make them whole. If Apple wrongfully received work for which they did not pay then Apple has committed a crime and those workers should be entitled to compensation for the entirety of the value of work performed. If you work any amount of time for an employer they cannot decide not to pay you for time worked. They cannot withhold pay except in very rare circumstances which almost certainly do not apply here.

    The reward should be based on the damage done not the size of the defendants bank account.

    This settlement is apparently for far less than the damage done meaning some of the cash in the defendant's bank account is wrongfully obtained.

  30. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 5, Funny

    I worked in IT at Ford in a non-union building and got in trouble for moving the overhead bin in my cubicle a level higher on the pegs so my 22 inch CRT (in 2010) Monitor would fit underneath it.

    Apparently they have union guys come in to move the desks..... We were told to log a ticket and wait many weeks while not having a monitor on my desk. Just sit there and earn what was at the time $70,000 billed hourly until someone fixes it and gets a working computer setup at the desk.

    They were happy to pay me $35/hr to sit and read printed manuals because their own issued computer wouldn't fit inside their own issued desk.

    Don't miss that gig :)

  31. Cold-Calling by Anonymous Coward · · Score: 0

    I maybe missing something but the agreements were about stopping one company from cold-calling employees of another company with the purpose of hiring them not about how they couldn't hire people from each other of the employees reached out to the other companies first. Also these are corporations that will do anything to the competition to get an edge and what better way than to hirer away their talent with inflated salaries as an incentive. Who's to say how long they'd survive at the other company after leaving where they came from being surrounded by other talented people.

  32. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 0

    Punitive damages are something that is awarded by a jury - this isn't going to a jury, it's a settlement.

  33. In this *particular* case... by Junta · · Score: 1

    So in this case, the person is in a class action suit. His frustration is that the lawyers who effectively control the thing from the plaintiff perspective have a significant conflict of interest and his voice is likely to go unanswered. The lawyers want the easier money which will be a large amount for them and a moderate amount for the members of the class. Most of the class would be happy to get a moderate amount and fully expect that they were just screwed. He would rather go through the effort to get his day in court and risk the guaranteed money to get back at the defendants more effectively.

    In a union, he again consigns his particular fate to leadership that is just as likely to pay little attention to his particular grievances for the sake of their own welfare and sometimes the welfare of the whole.

    What he really wants is to not to consign his particular fate to class action lawyers and a union in this case would resemble the same situation. Whether you believe a union overall is a good or bad idea, in this particular scenario I wouldn't expect a significantly better situation for the person's particular sensibilities in this scenario.

    --
    XML is like violence. If it doesn't solve the problem, use more.
  34. Re:Why does how much money the company's have matt by Archangel+Michael · · Score: 1

    Actually, most of it won't go to the lawyers. However, there are only a few lawyers vs thousands involved in the Class.So the lawyers make 1/3 and split it among a very limited few. The rest (2/3) gets spread among thousands and thousands. So lawyers make a lot, and everyone else makes a little.

    The fix for this is lawyers representing a Class in a lawsuit, are limited to the some multiple of the average member of the Class. Last class action I was a part of, I got some $2.34. Imagine a lawyer only able to gain 10K times that amount MAX. It would change how they proceed in representing the Class. I don't mind Lawyers making money at all. However, when they make Millions while I get $2.34 is really not a good representation of Justice.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  35. Enough Apple and Google already! by mark_reh · · Score: 1

    I want to know when I'm going to get mine from the early 90s when HP actually announced to employees that they were colluding with other tech employers to fix pay and benefits. I went to job interviews at other companies at the time and the story was always the same- no increase in pay and reset vacation time back to 10 days per year.

    Time to LAWYRUP !

  36. Re:Time for a union that is only way to get the po by LordLimecat · · Score: 1

    It is wearying to see people shout for unions as if theyre a panacea or dont have scores of their own issues. Anyone remember the thuggish behavior of the Verizon unions a few summers back, where they were pissed that their non-profitable department was not making as much as other, profitable departments? To prove their point, they went around slicing through fiber lines... one might almost dismiss the "verizon reps say" as just a smear campaign, except for all of the tech support calls I got during that time from verizon business customers whose internet mysteriously went out right as the strike was underway. Thats not suspicious, at all....

    Unions did great things in the past, but these days they seem to be champions of vastly inflated salaries and fighting merit-based pay whenever possible. No way, no how, no thanks, Im doing quite fine in my merit-based, capitalist run industry. I've had quite enough of "workers unite" talk for a lifetime.

  37. Re:Why does how much money the company's have matt by Missing.Matter · · Score: 1

    This was a settlement. There are not punitive damages in a settlement.

  38. Re:Time for a union that is only way to get the po by LordLimecat · · Score: 0

    Apparently he hasnt even looked at history. Unions have a pretty shady history, whether private or public sector. Things like fighting merit based pay, encouraging striking union members to sabotage company resources, ostracising / attacking workers who are against unionization... it stinks of protectionism and mafia-like behavior.

  39. criminal conspiracy and it should be rejected by bigpat · · Score: 5, Interesting

    This is a case of criminal conspiracy that rippled through the economy. Where billionaires conspired to keep middle class wages lower because they wanted to make even more money for themselves. Not just people in these companies were affected. The illegally restrained salaries at these companies set the bar for millions of people in the industry. They need to pony up a few Billion more at least.

    These class action lawsuits themselves seem like blatant ways of companies limiting their own liability... they simply conspire with some lawyers to sue themselves, settle for pennies on the dollar and just a few individuals that proactively reject the settlement can ever get the full amount they are due. And the incentive of those so called lawyers who are getting a percentage commission is to settle for whatever makes them millionaires, not whatever will make people they don't really represent whole.

    I think in the future that the courts should require proactive agreement in writing from at least a majority of the class for the settlement to be accepted. And then let anyone that doesn't proactively accept the settlement sue later on. The opt-out system that we have now doesn't result in equitable resolutions.

    1. Re:criminal conspiracy and it should be rejected by Anonymous Coward · · Score: 0

      And if these same people try to do the same thing by hiring lobbyists to increase the number of H1-B visas then it is simply called "business as usual."

  40. Re:Time for a union that is only way to get the po by Junta · · Score: 1

    I get more vacation than i know what to do with.

    You obviously aren't inventive enough. Personally, if I had 365 days of vacation a year I'd still want more (that one day in February every few years would suck).

    --
    XML is like violence. If it doesn't solve the problem, use more.
  41. Re:Time for a union that is only way to get the po by Junta · · Score: 1

    went around slicing through fiber lines

    Talk about a new take on the whole 'broken glass' fallacy.

    --
    XML is like violence. If it doesn't solve the problem, use more.
  42. Re:Time for a union that is only way to get the po by thaylin · · Score: 1

    so because some unions do it all unions are bad?

    --
    When you cant win, ad hominem.
  43. Re:Time for a union that is only way to get the po by garcia · · Score: 1

    I had a grievance filed against me for "not doing enough work" because my desk was...wait for it...too clean.

    Yes, I had to go through 5 weeks of 3-5 FTEs spending several hours each week discussing the fact that someone claimed I was not busy enough because my desk was neat and tidy.

    Want to know it was resolved? They came and looked at my desk and then we went to their office and looked at their desk (a fucking disaster area) and then it was dropped.

    FTEs = Me, my union rep, the individual filing the grievance, their union rep, and an arbitrator. For 5 fucking weeks.

    Unions are horseshit.

  44. Re:Time for a union that is only way to get the po by pnutjam · · Score: 3, Interesting

    It's nice to see all the anti-union rhetoric. Now find me a police dept that doesn't have a union. Interesting...

  45. Re:Time for a union that is only way to get the po by interkin3tic · · Score: 5, Interesting

    What DOESN'T have pros and cons? Even vaccinations hurt a bit for a split second, and they're the closest thing to "something that is completely devoid of cons" that I can think of.

    With unions, I think history has shown they are good medicine for when the labor force is being abused by employers with government's blessing.

    Unfortunately, with both vaccinations and unions, after living with them for too long, people forget what life was like before they were around, and only notice the cons, and then listen to assholes telling them they're nothing but trouble. We then have to do a mini cycle where the old problems come back a little before people realize there are plenty of good reasons for unions or vaccines.

  46. Re:Why does how much money the company's have matt by gnasher719 · · Score: 1

    RTFA, the reward is about 1/10 of the damage done, insulting and hardly a deterrent.

    1/10th of the claimed damage. It would be actual damage if each single one of those 64,000 class members actually would have found a different job paying $50,000 more.

  47. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 0

    Your math doesn't even flow from the *plaintiff's* claims of the value of the suit and the number of class-members. It's off by roughly a factor of 3-4. Your (made up) numbers would put the plaintiff's claim at 9.6 - 12.8 billion, not the plaintiff's estimate of 3 billion. The plaintiff's claim puts the yearly value at an average of $46,875 over the course of that 4-5 year period ($9,300 - $11,700 per year).

    That's a number the plaintiffs would have to prove, and provide supporting evidence of, in court.

    captcha: illusion

  48. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 1

    While you do raise some valid issues, this isn't really one of them:

    We had teams of people that sat reading books at a picnic table all day just in case someone went home sick, they were making $25/hr to do that.

    I assume you are talking about in an assembly line setting, right? Well, what else would you do? If someone does go home sick and you have nobody to replace them, then you've got 2 choices really:
    1) shut down the line completely
    2) slow the line to a fraction of it's pace so that the sick worker's job can be shared by the adjacent workers.

    Both options are extremely expensive. It's cheaper to just pay some people to be on standby.

  49. Re:Why does how much money the company's have matt by thaylin · · Score: 1

    It would make it harder to form a class action, as the lawyers would not want it, of course republicans would love it

    class action is not about making you whole, it is about punishing the entity that did it. If you do not punish them enough they will keep doing it, the lawyer fees are unfortunately the way to get the needed people on board.

    --
    When you cant win, ad hominem.
  50. Re:Time for a union that is only way to get the po by pnutjam · · Score: 1

    I don't know about you, but I like to fix things, not avoid them because I think they are broken.

  51. The class is too small. by peccary · · Score: 5, Insightful

    EVERYONE who works in tech has been damaged by this conspiracy. I don't work at Google or Apple, but my compensation is very much influenced by what my employer believes I could reasonably expect to earn if I went to Google.

    1. Re:The class is too small. by plopez · · Score: 1

      Good point. I wish I could mod you up.

      --
      putting the 'B' in LGBTQ+
    2. Re:The class is too small. by Anonymous Coward · · Score: 1

      Let's file a second class action lawsuit....every tech company out there is basically an accessory after the fact by propagating the "fake" salary levels.

  52. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    There is no such thing as "merit based pay".

  53. Re:Time for a union that is only way to get the po by gnupun · · Score: 1

    Your so-called solution does break more things than it fixes. Who wants a second unreasonable boss?

  54. Re:Why does how much money the company's have matt by sodul · · Score: 3, Insightful

    You seem to forget that Google officially raised their employees salary by 10% after Facebook refused to be part of the illegal agreement. In practice because how the bonus was restructured for some people it was probably an effective increase of up to 25% on the final w2. Considering that most 'tech' at google makes more than $100k per year (staff level engineers make more than $250k per year). multiply that by the number of years this has been going on, and the claimed damage does not seem inflated anymore.

  55. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    Yes, that is how business is done, get a union and watch as you suck the company into the ground.

    Or file a lawsuit and do the same......... What could go wrong? Besides losing your job...........

  56. and real world says by Anonymous Coward · · Score: 0

    That the smart programmer and the average programmer are only about 10% different in code output - I'd say 10% difference in salary is 'almost' the same salary so if both take home pays would be higher (because unions typically increase everyones take home) why the hell are you complaining? Because you aren't lording over your coworker?

    Hrmmmm.

    1. Re:and real world says by gnupun · · Score: 1

      No, the smart programmer does the work of 3 average ones but gets paid only 10 to 30% more. Hail commu/capitalism. The 30% will further shrink when unions enter the picture -- expect a very flat pay scale.

    2. Re:and real world says by Anonymous Coward · · Score: 0

      And the smart programmer will write code others can't understand, become so integral your organization cannot afford to lose them and then leave for greener pastures at the first opportunity. Businesses want effective, dependable and replaceable before they want smart.

      Just learning that fact will push you up the ranks faster than trying to be smart and do as well as possible at your job.

    3. Re:and real world says by HornWumpus · · Score: 1

      Not to mention the gem; who does enough negative work to keep 6 average programmers busy fixing his fuck-ups.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  57. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 0

    It should actually be the other way: If the damage done was about $3 billion, then instead of a settlement of $324 million, it should be more along the lines of $6 billion or even $9 billion. If you are looking for something in case law to determine a settlement, look at RICO (Racketeer Influenced and Corrupt Organizations Act). It never fails to amaze me how corporations and the political right will cry bloody murder if the government even takes a gaze at the 'free market' which is trumped to be pristine and perfect, yet the same corporations will take each and every opportunity to skew that same market in their favour and will do using every illegal means possible. "The Free Market is pristine!" Except if the government imposes something on businesses. Or if those same businesses skew the market in their favour by violating the Sherman Act (if they can get away with it), or by violating the Consumer Protection Act, or by colluding to keep wages down by restricting movement of employees.

  58. Re:Time for a union that is only way to get the po by clarkkent09 · · Score: 5, Informative

    Libertarians are not against unions. Show me one source that shows that libertarians are against the right of people to associate or not associate however they wish. They are against laws that force employers to recognize unions and bargain with them as well as the laws that force employees to become paying union members even if they don't want to.

    --
    Negative moral value of force outweighs the positive value of good intentions.
  59. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    There are plenty of smart programmers out there earning far below what average/poor programmers get in other jobs. Besides, who is to say all programmers will work in the same job classifications? You may find software developer I, software developer II, etc... This also gives a career path in the company (something that doesn't exist in most places)

    Sure, some will do a better job than others, but because of the peter principle both programmers will be working for someone in the company who doesn't understand what either of them do, but desperately want to reduce their salaries or positions so they can get a bonus. At least in a union there's a layer of protection for the worker before hitting the pavement when they're thrown off the bus.

    The reason unions exist is to increase the bargaining power of workers. IT workers on the whole have very little bargaining power and that is why they are very easy to outsource. Sure, there are some extremely talented people out there who can command whatever pay they want. There are also professional athletes in sports who can demand high pay, and even then most belong to an association.

    For every star worker there are tens of thousands of rank and file workers who do a great job but are scared to death about losing their job and being outsourced. It's time to face facts and leave the survival mode thinking and hyper-competition between workers behind. While complaining about their neighbours portion size, everyone is burning out due to high stress, long hours, and being seen as a disposable asset. They stopped caring about you as a worker long ago, if they ever did.

  60. Re:Time for a union that is only way to get the po by pnutjam · · Score: 1

    I'm not talking about fixing the situation by creating a union. I'm talking about finding a way to fix unions so they work. It's not impossible.

  61. Re:Time for a union that is only way to get the po by clarkkent09 · · Score: 1

    Silicon Valley tech employees are being abused by their employers!? Wow, what a ridiculous failure of perspective. I think those Google Bus protesters are pathetic scum, but reading comments like this make me feel just a little bit of sympathy with their view.

    --
    Negative moral value of force outweighs the positive value of good intentions.
  62. Re:Time for a union that is only way to get the po by pnutjam · · Score: 4, Insightful

    The lesson of unions is that you can't put things on autopilot. You have to be involved with the union and make sure it is actually representing your interests. You have to notice and care when the senior members are ripping you off. It happens with unions, small gov, big gov, corporations, sole proprietorship.
    Power corrupts, be on guard.

  63. Re:Time for a union that is only way to get the po by pnutjam · · Score: 1

    Yeah, alot of these complaints are people who are jealous of someone else benefiting from a management decision, not a set in stone union policy. Yes, the union makes sure the policy is applied fairly, but it's the numbskull managers who implemented it.

  64. Re:Time for a union that is only way to get the po by Attila+Dimedici · · Score: 2

    And your point is?

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  65. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    Come to Florida. Non Union police forces are all over the place. Florida is a right to work state. (meaning also, right to fire, for any reason or no reason at all.) For the most part it seems to work well though.

  66. Re:Time for a union that is only way to get the po by gnupun · · Score: 1

    Unions would still suck. Why should we be stuck in the industrial age with unions etc. when the age of the internet is already here?

    A website, regulated by the govt, that allows employees to negotiate wages from various potential employers would be a better solution. The negotiation would be based on experience, performance, skill, programmer supply/demand etc.

    There should also be consideration for passing company profits to employees if their work is above that required by a common employee. Apple has close to $1 trillion. Yet their employees are paid roughly the same as a no name company's average programmer. Is this fair? Are only business and marketing folks responsible for Apple's spectacular financial success?

  67. Twisted Humor by Anonymous Coward · · Score: 0

    Question: Why does the US legal system suck?
    Answer: Because we are willing to settle.

  68. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    >so because some unions do it all unions are bad?

    No. Because nearly all unions do it, nearly all unions are bad.

  69. when what plaintiffs deserve X probability = settl by raymorris · · Score: 1

    If plaintiffs are probably right, they are probably owed about $100 million, and the defendant offers to pay the $100 million, accepting that offer is obviously good. It's good for the plaintiffs, who get paid sooner and know that the approved settlement won't be appealed. It's good for the tax payer, who doesn't have to spend tax money on a long court battle. It's good for the defendant, who can get it over with and move on. The only people who prefer a trial are lawyers who get paid more to try a case .

    Given the cost of trial, in time, money, and uncertainty, it's still a good deal if the defendant offers $90 million.

    Most of the time, there are two sides to the story. Patent trolls remind us that plaintiffs are often wrong. Often, they should get nothing. So consider a class action in which the plaintiffs feel they are owed $100 million, and they have a 50/50 chance of winning. In that case, a $50 million settlement is a good thing. The plaintiffs get almost as much as they might hope for after trial expenses, the defendant, also gets it over with without trial expenses, and doesn't risk a $100 million loss.

    In the instant case, this particular settlement is too low if and only if the plaintiffs had at least a 20% chance of not only winning, but winning as much as they asked for. Maybe that's true, maybe it's not, but in general settlements save everyone money, time, risk, and stress.

  70. $324 million may not be much by overshoot · · Score: 1

    ... but it's probably just enough to pay off the lawyers. Going to trial would put them out a lot more in time and expenses and the payoff would be proportionately lower due to haveing to split the take with the plaintiffs.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  71. Re:Why does how much money the company's have matt by David_Hart · · Score: 2

    Actually, most of it won't go to the lawyers. However, there are only a few lawyers vs thousands involved in the Class.So the lawyers make 1/3 and split it among a very limited few. The rest (2/3) gets spread among thousands and thousands. So lawyers make a lot, and everyone else makes a little.

    The fix for this is lawyers representing a Class in a lawsuit, are limited to the some multiple of the average member of the Class. Last class action I was a part of, I got some $2.34. Imagine a lawyer only able to gain 10K times that amount MAX. It would change how they proceed in representing the Class. I don't mind Lawyers making money at all. However, when they make Millions while I get $2.34 is really not a good representation of Justice.

    You do realize that if the lawyers had forgone their complete amount you would have made $3.34 instead of $2.34. I agree that if the lawyers made cost (hours, fees, etc.) + 10% of the settlement then they would work just a tad harder to get a larger amount. But, unfortunately, it's lawyers who write the laws and who get to profit from them. It's one of the reasons why we have such a complicated legal system in the first place.

    One day someone will write an artificial intelligence engine that can process all of our laws and rules. Of course, it will promptly go insane.....

  72. This is not a criminal trial by 91degrees · · Score: 1

    If someone stole an iPad, they'd by charged with theft and Apple would see nothing. They may well sue afterwards but the thief would be perfectly entitled to make any offer and Apple may well accept it rather than waste their resources on something relatively trivial.

    What we really need is for the DoJ to get involved and actually press charges for deliberate wrongdoing, and for the court to decide the punishment.

  73. yes, it would change it by making it non-existant by raymorris · · Score: 1

    > I got some $2.34. Imagine a lawyer only able to gain 10K times that amount MAX. It would change how they proceed in representing the Class.

    Yes, it would change things. The change would be that no law firm would ever represent a class. The firm's expenses are about $100,000. Would YOU spend $200,000 in hopes of making $10? Me neither.

  74. Re:Time for a union that is only way to get the po by LordLimecat · · Score: 1

    A lot of unions do this stuff. Never heard of the teamsters?

    It tends to be remarkable when Unions ARENT thuggish, honestly.

  75. Re:Time for a union that is only way to get the po by LordLimecat · · Score: 1

    Im pretty obviously against those too. Im not clear what point you were trying to make, or if that was supposed to contradict me.

    Im of the opinion that ALL public sector unions should be illegal / disbanded, honestly-- it ignores the primary reason for a union in the first place.

  76. Re:Time for a union that is only way to get the po by radarskiy · · Score: 2

    http://www.lp.org/platform section 2.7
    "...an employer should have the right to recognize or refuse to recognize a union. We oppose government interference in bargaining, such as compulsory arbitration or imposing an obligation to bargain."

  77. Re:Why does how much money the company's have matt by Anonymous Coward · · Score: 1

    Sorry for being an anonymous coward, but necessary for me in this instance.

    As an individual who is currently party to this lawsuit, the settlement is a joke. Hell, I believe a $3 billion settlement would be a joke. $9 billion might be getting into the ballpark.

    Why? The "damages" are based on employee salary. The settlement allocation is based on how much each class member made in SALARY ONLY during the 5 year period, then allocating the $324 million based on that. The problem is, salary is NOT how most engineers at these companies are compensated - they are primarily paid in company stock.

    In 2004, I was given a $100k/yr job with stock that was worth about $2m over four years. During 2005 - 2010, I received a mere 2.9% pay raise for the entire 5 years along with about $20k in additional stock. Since the "pay fixing" scheme came to light, I have received pay raises of 70% in 4 years, along with stock valued at over $3 million. So putting aside your immediate desire to hate me for the money I'm being paid - consider that in 2004 I was worth being paid millions by these companies, then after 2011 I was worth being paid millions more - yet between 2005 and 2010 I was worth only a tiny 2.9% in total pay raises? My point, this wage fixing scheme wasn't about fixing salary, it was about stock options - possibly upwards of $64 billion to these companies. $324 million is laughable.

    I thought some might appreciate an "insider" viewpoint.

  78. Re:Time for a union that is only way to get the po by cbeaudry · · Score: 1

    Not for lazy people there isnt.
    But there could be for those motivated to work.

    It obviously wouldnt fit all jobs, but it could fit quite a few.
    Quota's, targets, objectives, can be used to determine the workers merit for a given time period.

  79. Re:Time for a union that is only way to get the po by ColdSam · · Score: 2

    So they are just against effective unions then.

  80. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 1

    and how does that contradict what was said? Libertarians are against laws that force (i.e. compel) employers to negotiate with unions.

    Your reference does NOT say that employees should not be able to form a union.

    IOW, you have proven the above point. If that was your intention, excellent job.

  81. Re:Time for a union that is only way to get the po by chihowa · · Score: 2

    Silicon Valley tech employees are being abused by their employers!?

    That's what this entire case is about.

    Wow, what a ridiculous failure of perspective.

    That others are abused more doesn't mean that anyone should gladly take any amount abuse that is dealt to them. You may not have sympathy for them, but they don't need your sympathy to try to make things right.

    This is "divide and rule" in action. The little people fighting among themselves because some are slightly less little than others.

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  82. Re:Time for a union that is only way to get the po by thaylin · · Score: 1

    Does not matter if most do it, a lot do it, or just some do it, over generalization is still over generalization.

    --
    When you cant win, ad hominem.
  83. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    Not for lazy people there isnt.

    But there could be for those motivated to work.

    Which is the paradox of it. Those motivated to work are already motivated to work and hence merit based pay is not necessary. What is necessary is not hiring lazy people--that's a management issue.

    It obviously wouldnt fit all jobs, but it could fit quite a few.

    Quota's, targets, objectives, can be used to determine the workers merit for a given time period.

    So, the management who couldn't adequately fire the lazy people are now expected to create quotes, targets, objectives, etc and then monitor the employees adequately to base pay? And what ends up happening? Before long, people who are good workers who want more pay work harder. Before long, the department is overbudget from all the hard workers. So, either (1) there's a quota limit and the hard workers can effectively work shorter days (rarely happens) or (2) the actual pay is scaled down to match the actual worth of the excess production (encouraging overproduction and effectively punishing the hardest workers). Yep, that's a great system.

    See, in theory you're right that a merit based system would work. The problem is that management is shitty at actually measuring merit and often uses other metrics--meetings, friendships, etc--to determine pay. Just like how they promote people to better, higher-paying positions based on the same basis. After all, you want to keep the good, hard workers in the job they're productive in. Promoting them to something else and you decrease the aggregate productivity of the pool. Hence, the least competent people are the people you most want to promote, regardless of whether you use merit based pay or not.

  84. Re:when what plaintiffs deserve X probability = se by sjames · · Score: 1

    There are much more egregious cases though. For example, a million plaintiffs owed $100 each. Company settles for 6 million to the lawyers and 1 million $10 off coupons on the same crappy product that caused the suit.

  85. Re:Time for a union that is only way to get the po by sjames · · Score: 1

    If you dig deep enough in most of those absurdist situations, you'll find that for each perverse rule the union demands, there is a corresponding attempt by management to screw the union that resulted in that rule.

    In the database situation, perhaps the point was to make the management get what they pay for and someone was dragging their feet in hiring enough people at the agreed rate of pay.

    The guys on standby were probably the result of a chronically understaffed department in the past.

  86. only if you think what Apple, Google did was right by raymorris · · Score: 2

    Your comment makes sense only if you think that what Apple, Google, etc. did was right, and that freedom is bad.

    The libertarian platform says that if workers want to have a union, they can. If they don't like particular union, they can form another, or choose no union at all. That's called freedom. The opposing view is that workers should be forced to a work for a union, with union bosses controlling what workers can do. Aka socialist totalitarianism.

    The other part is how employers interact with unions. The libertarian viewpoint is tthat workers should be able to get multiple offers from different companies and choose the best offer based on salary, benefits, location, etc. The alternative view is that some group or third party should dictate (and seize part of) workers' pay. If you think that's right, you side with Apple in this case - they had an organized group helping to control wages.

    Libertarians believe (party platform) that if some guy who runs a union suggests that you work for $40K and have four weeks of vacation, you have the right to say "no thanks, I'll take this offer for $53K and two weeks". Companies can hire all of
    their workers in one shot with the union. IF a lot of workers don't like the union deal, the company can instead negotiate with each employee based on their priorities - offering one higher pay, and telling another it's okay for them to take off an hour early twice a week to pick up their kid. Under the libertarian idea, employers can negotiate based on each employees needs ONLY if lots of workers don't like the union - enough to staff the entire company with non-union workers. (The union workers won't show up to a split workplace). What that guarantees is that needed workers always have at least two competing offers to choose from - the union contract and the non-union employer. The employer and the union both have to offer the workers the best deal they can, because the worker can choose either.

    To be against that is to be against allowing workers to choose between competing offers. Apple and the other companies did that, they eliminated competing offers. I guess you think that's a great thing, because that's precisely what mandatory unions do.

  87. Re:Time for a union that is only way to get the po by sjames · · Score: 1

    If you are working for a paycheck, guess what? You are working class.

  88. find a police union who doesn't finance the mayor by raymorris · · Score: 2

    I'll go you one better. You find me a police union who doesn't endorse and/or finance the council candidate who offers to give them the most taxpayer money and widest latitude on infringing citizen's rights. So it goes like this:

    The police union takes a cut of the (taxpayer financed) police wages.
    The union uses that money to get help get a mayor and city council member elected.
    The mayor and council now owe the union a favor.
    The mayor and council supposedly represent you, the citizen, in negotiations vs the union who got them elected. (Rotfl).
    The mayor and council give their union financiers what they ask for.

    Three years later

    The head of the police union stops by the mayor's office to discuss two things:
    a) The police want less strict rules about "use of force"
    b) The union wants to talk about whether or not they'll support the mayor in the upcoming election.

    And you think police unions are examples of a really great idea?

  89. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    Unions wouldn't have come into existence if corporations weren't abusing their workers.

    And no, many people can't just quit and find a better job, this trial explains why they can't.

  90. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    My solution was to remove the shelf and stick it in a corner and log a ticket saying that my shelf had "fallen off" and please re-install it safely.

  91. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    I can't defend the practice, but it usually takes a thug to take on another thug. Unions don't tend to pop up where workers are being treated with due respect. They pop up where employers are acting like thugs.

  92. lets all join him! by Anonymous Coward · · Score: 0

    those in the tech industry need to join him http://techworkerjustice.wordpress.com/

    mikeclassrep@outlook.com

    we are all affected by this wagefixing crap! these corporations should not be able to push us around anymore and exploit us!

    Its about time a union got formed for our profession anyway. Who is with me on this?

  93. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    >it stinks of protectionism and mafia-like behavior.

    And the behavior of Apple and Google doesn't?

  94. Re:Time for a union that is only way to get the po by evilviper · · Score: 1

    Silicon Valley tech employees are being abused by their employers!? Wow, what a ridiculous failure of perspective.

    Silicon Valley wages aren't great, relative to cost of living. Working at some other tech hub will earn you just slightly less money, but the dramatically lower cost of living will make it seem like several times higher pay than Silicon Valley firms. Silicon Valley is more myth than reality, these days. Those who jumped into the Googles and Facebooks before they got big, with stock options in-lieu of salary, which ended-up being work millions of dollars several years later, are the exceptions to the rule. That's not something you should expect to see, today. In fact, most people looking for a similar gold-rush would be better off moving to the oil fields of North Dakota, today.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  95. They should get jail time, not lawsuits by walterbyrd · · Score: 2

    Even six weeks in minimum security would be okay.

    $324M means nothing to these corporations.

  96. Norway style penalty by Anonymous Coward · · Score: 0

    I heard somewhere that traffic violations, etc. in Norway is fined per income the violator is having. Person earning less will pay less fine, but a millionaire will pay much more. Not saying lot of money should reach plaintiffs, they should get appropriate amount, but Govt. should tax these offenders enough. Such a condition should be applied when big filthy rich corpn. does illegal things like these.

  97. Re:only if you think what Apple, Google did was ri by Yakasha · · Score: 2

    Your comment makes sense only if you think that what Apple, Google, etc. did was right, and that freedom is bad.

    Or if you have an understanding of history, the market, resources, and human psychology.
    With $150 billion in the bank, Apple can suck it up, wait it out, sue, issue propaganda, or do whatever else is necessary to break a union. There are enough people out there desperate for a job that Apple will win. The average plebeian, fresh out of college with $100k in student loans, or later on in life with a mortgage payment and a family to support, does not have that luxury.

    An ant isn't concerned with freedom when the boot is coming down on its head. Even a colony of well-organized fire ants can't handle somebody that can afford an exterminator and a week's vacation while their house is under a tent.

    Take a look at the pre-union activities of the Apple/Google contemporaries of the 19th century: Carnegie, Rockefeller, etc. They won. Every time. Until the government stepped in.

  98. Re:only if you think what Apple, Google did was ri by ColdSam · · Score: 1

    Your comment makes sense only if you think that what Apple, Google, etc. did was right, and that freedom is bad.

    Your comment makes sense only if you think that what Apple, Google, etc. did was right, and that workers have a right to be exploited. Can we stop trading ridiculous hyperbole now?

    The reality is that if every worker has complete freedom to do whatever they want at all times then a union would never have any leverage. Workers would undercut each other on pay (not just make a benefit swap as in your example). If there ever were any meager benefits extracted by the unions then the free-riders would reduce the unions power (leverage and lobbying ability) to near zero. Why pay dues and follow union rules if you get the benefits without having to?

    It's fine to say that in a pure libertarian world unions don't need to exist because workers will, through their individual choices, get what they're worth. However, you are delusional if you think that workers in all industries and professions would be as well off without the protection of unions and laws which protect how employers can deal with unions. Can you provide any examples anywhere in the world where this has worked?

    So somewhere between your absolute stalinist style totalitarianism and the libertarian free-for-all is the reasonable compromise that we've come to in the last 150 years, and one that changes as time moves on and the world changes.

    Now since you seem to be opposed to what Apple and Google have done here (and you errantly lambaste me for supporting it) can you tell where in your libertarian ideals that they have done anything wrong? Under pure libertarianism they have every right to decide to act together and not poach each other's employees.

  99. Only Suckers Play By The Rules? by Anonymous Coward · · Score: 1

    I don't wish jail on anyone, but this was likely a felony and there is a clear paper trail of evidence. Either someone needs to go to jail or the companies need to pay fines that are big enough to actually make it not worthwhile to do again. Otherwise the lesson learned here is that only suckers play by the rules and that even if you get caught the punishment will be far outweighed by your illicit gains. And the harm was not just to a few top engineers, but an entire industry which has had its wages depressed illegally by this conspiracy.

    Sure so far this has probably caused more than a few headaches and some fretting. I'd guess that there has been more than one weekend trip to a warm tropical place on a private jet in order to try to relax all that worry away.... so perhaps they have suffered enough over all this. :P

  100. Tech employee - the modern day Coal miner by erp_consultant · · Score: 2

    Back in the day, unions were established to stop worker exploitation. One of the most visible of the exploited workers was the coal mine workers. They were forced to work in unsafe conditions and endure very long work hours. All so that greedy business owners could make more money off the backs of their employees.

    Fast forward to today and it's a similar condition for today's tech workers. Many of them are forced to work very long hours without any overtime pay. All so that greedy business owners could make more money off the backs of their employees.

    Although unions have become somewhat of a dirty word these days I can see the case for having unions for tech workers.

  101. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    A shame that facts can't garner a vote, but the hyperbolic vitrol supporting falsehood can.

  102. optimist by Anonymous Coward · · Score: 0

    No, it's just expediency. The cops and DA's are not organized or smart enough to do it for intimidation or abuse. Never attribute to malice that which can be atributed to sheer laziness.

  103. you seem to be missing option vs. forced by raymorris · · Score: 1

    You seem to be overlooking the difference between being forced to work a union contract that is far worse than what you can get on the free market vs being able to choose to join a union. The libertarian platform isn't that unions are bad. It's that choice is good - people should be able to join unions if they want to.

    > If there ever were any meager benefits extracted by the unions then the free-riders would reduce the unions power (leverage and lobbying ability) to near zero. Why pay dues and follow union rules if you get the benefits without having to?

    I'm not sure what you're talking about here. Consider the union makes a deal with Ford for $X (minus $Y paid to the union). GM doesn't strike a deal with the union, so they offer $Z. Workers then have a choice of either the union deal Ford or the non-union offer at GM. You can get all the union benefits and drawbacks at Ford, if that's what you want. The alternative you propose is that all workers must take the union deal. You work for $X-Z or you don't work at all.

    > Can you provide any example anywhere in the world where this has worked?

    In the US, programmers, doctors, lawyers, accountants, nurses, web designers, fashion designers, clothing designers, and architects are not unionized. Assembly line workers, chicken pluckers, and school teachers are unionized. Guess which group gets the best salaries?

    School teachers are a great example. Their union gets someone with a masters degree $50,000, then takes a chunk of that back in tribute. I don't know about you, but if I had a masters degree and someone guaranteed that I wasn't allowed to make more than $50K, I wouldn't be paying them for the great deal they got me

    1. Re:you seem to be missing option vs. forced by ColdSam · · Score: 1

      You seem to be overlooking the difference between being forced to work a union contract that is far worse than what you can get on the free market vs being able to choose to join a union.

      Not overlooking it at all, just saying that the situation you're envisioning would rarely if ever happen with no labor protection for unions, where every individual employee and employer has no limits on what tactics they can use.

      The libertarian platform isn't that unions are bad. It's that choice is good - people should be able to join unions if they want to.

      Choice is good, but without restrictions the bargaining power for certain jobs and industries is completely unbalanced. Again, it is fair as a libertarian to argue that the fair price for labor in those markets is near zero, because that is whatever the market will bear.

      Consider the union makes a deal with Ford for $X (minus $Y paid to the union). GM doesn't strike a deal with the union, so they offer $Z. Workers then have a choice of either the union deal Ford or the non-union offer at GM. You can get all the union benefits and drawbacks at Ford, if that's what you want. The alternative you propose is that all workers must take the union deal. You work for $X-Z or you don't work at all.

      That is a fine example, but you haven't thought it out. Let's look at it more closely and put real numbers on it.

      Let's keep it simple and say that Ford is paying $40 and the union dues are $5. How much is GM going to pay their non unionized workers? You seem to believe that it will be more than $40 because GM doesn't have to pay for union extracted protections, but history has proven that is not the case. First, most workers typically do not understand (and thus don't value) the union benefits until it is too late. Second, GM would have complete flexibility to offer cut rate salaries, hire and fire at will, shut down the plant, etc. At times of high labor demand, it's possible they would offer $40 or more, but that would be rare and they would more than recoup their costs when labor was plentiful.

      But why would Ford enter into such an agreement with a union if they weren't compelled to? They wouldn't. They would use every tactic (e.g. banning union activities, threatening shutdowns or moving the plant, retribution against union employees, etc.) to make sure that unions never took hold. Further, they would collude with GM to set low labor prices so they wouldn't be competing for the same laborers. All perfectly legal and fair in a pure libertarian world.

      In the US, programmers, doctors, lawyers, accountants, nurses, web designers, fashion designers, clothing designers, and architects are not unionized. Assembly line workers, chicken pluckers, and school teachers are unionized. Guess which group gets the best salaries?

      First off, you're cherry picking the data that suits your argument. Professional basketball players get paid far more than accountants. Walmart employees get far less than teachers. You were asked to provide evidence to support your argument that in a libertarian world that workers are better off in a given profession. Would the average auto worker be better off with no union?

      The fact that lower paid workers often have unions should tell you something - that lower paid worker are more in need of unions, not that unions lead to lower paid workers. You seem to think I'm making the case that every occupation should be unionized in country in every era. Unions are a useful method of balancing out the huge disparity in bargaining power that employers have - in some industries (e.g. programming in America in the last 30 years) it is not necessary. Workers in a coal mine (in America in 1900 and South America/China now) are in a totally different circumstance.

      School teachers are a great example. Their union gets someone with a masters degree $50,000, then takes a chunk of that

  104. Re:find a police union who doesn't finance the may by pnutjam · · Score: 1

    My point was that many of the right to work laws explicitly allow police unions, because they are traditionally more conservative. I didn't realize they all don't have that provision.

  105. No smoking gun by TRRosen · · Score: 2

    There is no smoking gun because "no hire agreements are not per se illegal". You have to prove the agreement resulted in a "naked restraint of trade". The likelyhood of this case being won in court was nil. Courts have rarely if ever made such findings without evidence that employees where prevented from leaving or initiating contact with other companies. All we have here is a no poach agreement which has no chance of being viewed as restraint of trade. All in all, this is just a nuisance suit that was cheaper to settle then defend and that caused so amount poor publicity.

  106. Re:Time for a union that is only way to get the po by shutdown+-p+now · · Score: 1

    Unfortunately, the majority of Americans have been taught to think otherwise - as if being working class is somehow shameful. It has been noted before that Americans think of themselves as "temporarily embarrassed millionaires" - which is true, but the implications reach further than one would expect.

  107. Yes, there are bad settlements & bad verdicts by raymorris · · Score: 1

    Absolutely there are some bad settlements, just as there are bad verdicts when cases go to trial. Sometimes the court shouldn't approve a settlement, and sometimes that don't approve them.

    > a million plaintiffs owed $100 each

    We should keep in mind that it's actually one lawyer who CLAIMS that a million people are owed $100 each.
    There's another side of the story most of the time.
    I've been part of the plaintiff class in three or four cases. In one case, I didn't feel that I was owed anything.
    In most cases, I didn't feel that I received much. So good and bad there.

  108. Re:Time for a union that is only way to get the po by Prien715 · · Score: 1

    Ronald Reagan's first election was leader of a labor union (Screen Actors Guild).

    Gosh, screen actors and professional athletes get paid well. I sure it must their union...er...I'm sorry Mr. Reagan, I meant the "free market".

    --
    -- Political fascism requires a Fuhrer.
  109. Re:Time for a union that is only way to get the po by Anonymous Coward · · Score: 0

    Everyone doesn't work in a job like yours, my friend. The people working in slaughterhouses are often maimed and, being non-union, have almost no recourse (Eric Schlosser, Fast Food Nation). Fast food workers and Walmark-style retail workers endure wage theft. These aren't smart programmers; they're the people who didn't complete high school for whatever reason - from incapacity to circumstance. Unions don't exist to help the people who can help themselves; they exist to help the relatively powerless.

  110. Now for a different viewpoint: !criminal by GPS+Pilot · · Score: 1

    The complaint of the lawsuit is that Apple, Google, Intel, and Adobe agreed not to recruit employees away from each other.

    With a few exceptions, not doing something is perfectly legal. Will it now be mandatory that every company's HR department must to conduct campaigns to recruit employees away from other employers? And if so, how aggressive must those campaigns be to avoid your label of "criminal conspiracy"?

    When I'm at the Toyota dealer looking over a sales contract that I'm about to sign, you don't see a Honda salesman walk in and try to recruit me away from the Toyota dealer. Is that proof of a criminal conspiracy? No, it's fine. Because prior to my decision to buy a Toyota, I had plenty of opportunity to check out what Honda was offering. And each day after I buy a Toyota, I have an opportunity to trade it for a Honda.

    These companies all decided, for a time, that not recruiting employees away from each other was in their best interest. (Any company could have dropped out of the agreement at any time, and then become subject to having its own employees recruited away from it.) Believe it or not, acting in its own best interest is, in and of itself, not a bad thing for a company to do. Once upon a time it would never have been called a criminal conspiracy.

    Despite the agreement to not recruit employees away from each other, an Apple employee was still free to apply for a job at Google, and vice versa. That avenue to seek better pay or working conditions was never closed off. It's just that employees had to take the initiative, instead of HR departments.

    Steve Jobs may not have tactful when reminding Sergey Brin that Google would become subject to aggressive recruitment if Google initiated recruitment of Apple employees. But there are lots of examples of Jobs' lack of tact, and none of them were "criminal conspiracies."

    --
    That that is is that that that that is not is not.
  111. Hyperbole much? by Nidi62 · · Score: 1

    Fast forward to today and it's a similar condition for today's tech workers.

    Tech workers in the US live in company housing, are paid in company script that is only good in the company store, work in physically dangerous conditions where cave-ins and fires and asphyxiation are a very real possibility, and are left with a long-term disease that seriously shortens life and affect quality of life? Are you really sure tech workers are working in similar conditions than coal miners were?

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  112. Re:Time for a union that is only way to get the po by sjames · · Score: 1

    Agreed. It's part of why things are so thoroughly tilted in favor of the super rich.

  113. Re:Yes, there are bad settlements & bad verdic by sjames · · Score: 1

    There is room to question the amount, but surely in a defective product suit, a coupon for a small discount on an identically defective product is inadequate (and very probably profitable for the defendant if anyone uses it).

  114. Be careful what you wish for by saccade.com · · Score: 2

    I was also annoyed by the possible $3B win vs. $324M settlement, so I contacted one of the class action plaintiff's lawyers. He called back and I spent about 20 minutes on the phone with him. Among other things, he pointed out the defendants in the case (Apple et. al) have monster legal budgets, and the case will very likely (after many years) be fought all the way to the Supreme court. The current SCOTUS is more corporate than citizen friendly (witness Citizens United, etc.) and a win there is -not- assured. It is sickening to see the lawyers get a big payday, while you (the class member engineers you) are getting a new TV instead of a new car. But the TV is a sure deal, the car most likely is not.

  115. Re:Time for a union that is only way to get the po by lsllll · · Score: 1

    My wife works for a school district and their union sucks big Willy Wonka dick. Truly the union is looking only for its own best self interest. On another note, I worked at a corporation in California for a couple of years. When their NetWare server had issues, I suggested that they swap the NIC with another one that was sitting on the shelf above the server. They had to wait for a union guy to come in and swap the card. Seriously? Any half-brained twat could have replaced the card. I had done it only a thousand times before I was in the position to suggest so. But everyone was scared of the union and they wouldn't swap the card.

    The issue with unions in this country is that they get in the way of doing things. But the downside without the unions is that corporations will fuck you with a steel rod if you're not part of a union.

    Let me fix that for myself. Corporations will fuck you with a still rod whether you're in a union or not. Given the choice between union and non-union, I choose union, because at least some poor soul is getting some dough instead of the corporation.

    --
    Is that a roll of dimes in your pocket or are you happy to see me?
  116. So that was your point. A union president says .. by raymorris · · Score: 1

    I was guessing as to what your point may be. Thanks for clarifying.

    One gentleman who had been president of a labor union pointed out that for government employees, unions have the conflict of interest I outlined. Not that he was anti-union - he had recently been the president of a union when he made the point that they don't work with unions negotiating with elected officials (whom they will elect).

    After being union president, he was president of the United States and was defining the modern republican party when Reagan expressed the conflict of interest inherent in government unions. It seems that many conservatives today still follow Reagan's logic in seeing that conflict of interest as a reason that government employees, especially should not be unionized. The other reason articulated by president Reagan and conservatives since then as that police and other essential public services can't be going on strike, leaving the public with no police protection. If Apple employees walk off the job, that creates a problem for Apple and their employees to work out. It doesn't affect the general public much. If police (or air traffic controllers) walk off the job, that puts lives at risk, so it shouldn't be allowed.

    For those two reasons, many conservatives, including myself, think that police are one of the few professions who shouldn't have unions (and therefore strikes). Workers in private industry should be _allowed_ to unionize but not _forced_ to do so.

  117. stomach turning elitist snobbery by raymorris · · Score: 1

    Unions have done some good for some people at some time in history. On that we agree. You jump from that to wanting to force people to work your union contracts against their will. On that we disagree.

    > Ford is paying $40 and the union dues are $5. How much is GM going to pay their non unionized workers? You seem to believe that it will be more than $40 because GM doesn't have to pay for union extracted protection

    If Ford is offering $40 ($35) under the union contract, no sane person would turn that down to work at GM instead, modulo if GM treats their workers better, etc.

    > workers typically do not understand (and thus do not appreciate) the union

    Your arrogance is insulting. That's the elitist liberal snobbery that turns people off so much. You tell people that they are too stupid to make their own decisions, so you should make their choices for them. You know so much more about their lives than they do about their own, right? It's stomach-turning. Just like when you say black people are too stupid to score high enough on the SAT to get into college, so you should give them extra points for being a stupid negro. It's just disgusting.

    Speaking of cherry-picking, government schools are over twice as likely to require grade school teachers to have a masters degree or PhD compared to private schools, who are allowed to hire based on actual competency. Yeah, people with master's and PhDs required by union contract make more than people with a bachelor's degree.(Minus their student loan payments).

    1. Re:stomach turning elitist snobbery by ColdSam · · Score: 1

      You jump from that to wanting to force people to work your union contracts against their will. On that we disagree.

      Please quote where I have said anything of the kind. I have said that unions need to be protected by more than just the free market and that employees and employers can come to agreement on union rules (e.g. that all employees in a shop must be union members). Very, very different.

      Your arrogance is insulting. That's the elitist liberal snobbery that turns people off so much. You tell people that they are too stupid to make their own decisions, so you should make their choices for them. You know so much more about their lives than they do about their own, right? It's stomach-turning. Just like when you say black people are too stupid to score high enough on the SAT to get into college, so you should give them extra points for being a stupid negro. It's just disgusting.

      What world are you living in where everyone always makes the best long term decisions? It's fine to espouse the philosophy that everyone should be responsible for their own actions, at least that's consistent and rational (if not compassionate), but to ignore that the vast majority of people make poor short term decisions is just frankly insane. Your ignorance of affirmative action is equal to your ignorance of labor law and history. Plus, you are clearly a racist accusing others of being racist as a cover. Maybe you feel that if you just throw enough random anti-liberal garbage out there that some of it will stick. BENGHAZI!

      Speaking of cherry-picking, government schools are over twice as likely to require grade school teachers to have a masters degree or PhD compared to private schools, who are allowed to hire based on actual competency. Yeah, people with master's and PhDs required by union contract make more than people with a bachelor's degree.(Minus their student loan payments).

      This is just nonsense. You repeatedly duck the questions asked of you to demonstrate your point and veer off on some other tangent. The simple fact is that for all their drawbacks, teacher's unions give the average teacher a higher wage and better benefits than if their were no teacher's union.

  118. mistyped: If GM offered much less by raymorris · · Score: 1

    I missed a few words while doing cut-and-paste to organize my reply:

    If Ford is offering $40 ($35) under the union contract, no sane person would turn that down to work at GM for significantly less instead, modulo if GM treats their workers better, etc. Therefore, GM must offer at least as much as the union deal offers. Of course, "as much" might mean something employees value more than an extra fifty cents, like on-site child care provided, where parents can walk over and have lunch with their children. My (non-union) job has different scheduling options and several workers have started tele-commuting, working from home, even from a different state. The union contract can't treat people as individuals, recognizing that Sally needs to leave early every Friday to pick up her kid and Ray needs time to move around assisting other employees rather than being stuck at his station all day. Instead, the union contract has to treat employees as interchangeable things, rather than as individual people . For this reason, the non-union shop can very well attract the best workers with a truly better offer - better for the employee and better for the employer. The employer benefits from Ray lending a hand wherever needed, and expediting work through the relationships he builds, but the union contract has to pigeonhole him into a specific task all day, every day. Can't have him lend a hand in any role he's not assigned to - he's not on that payscale. These are the facts of my daily working life.

    1. Re:mistyped: If GM offered much less by ColdSam · · Score: 1

      If Ford is offering $40 ($35) under the union contract, no sane person would turn that down to work at GM instead, modulo if GM treats their workers better, etc. Therefore, GM must offer at least as much as the union deal offers.

      This is nonsense. Ford does not have an unlimited number of jobs. If there are 120K workers in the labor force Ford will employ the first 50K and the other 70K will fight over the 50K GM jobs at a significantly lower salary. If Ford or GM were willing to offer $45 on the free market then it would have been insane for the union to negotiate a lower wage. Ford WAS paying only $30 or $35 and the union worked to get that higher. Do you know nothing about unions? Historically, union jobs have been in very high demand and often not easy to get.

      Of course, "as much" might mean something employees value more than an extra fifty cents, like on-site child care provided, where parents can walk over and have lunch with their children.

      There may be some limited cases where that is true, but it is far from the norm. Companies do not offer those perks unless they have to. It is far more likely that they will offer slightly better pay to avoid those perks, to the limit that they legally can. Again, many workers would make poor short term decisions, take a little extra easy cash and cross their fingers that they don't get sick or that there's a downturn in the economy, etc.

      My (non-union) job has different scheduling options and several workers have started tele-commuting, working from home, even from a different state.

      You have the luxury of being in a profession that is in high demand and where workers have hugely varying skills and many options. To use this as an example of why unions would never work is ridiculous. This is the major logical fallacy that hardcore libertarians make, they assume everyone else has the same resources, the same advantages growing up, the same abilities, etc. "I don't need a union in my $150k a year programming job, so nobody does." "I don't need the government to protect me from usurious loans with obscure rates and payments, so caveat emptor." ...

      The union contract can't treat people as individuals, recognizing that Sally needs to leave early every Friday to pick up her kid and Ray needs time to move around assisting other employees rather than being stuck at his station all day. Instead, the union contract has to treat employees as interchangeable things, rather than as individual people . The employer benefits from Ray lending a hand wherever needed, and expediting work through the relationships he builds, but the union contract has to pigeonhole him into a specific task all day, every day. Can't have him lend a hand in any role he's not assigned to - he's not on that payscale. These are the facts of my daily working life.

      There is no reason that a union contract has to work that way at all, it's not a fundamental rule of how unions and union contracts work any more than saying that unions are always bad because they are run by organized crime. Those rules are equally a product of a stiffly run organization typical of industries and companies where unions have proven to be necessary. Teachers, for example, often have a lot of flexible time and can switch jobs for which they are competent.

      For this reason, the non-union shop can very well attract the best workers with a truly better offer - better for the employee and better for the employer.

      Show me, in the industries that are heavily unionized where this consistently is true. Better for the employer certainly, but as long as the unions don't ask so much that the employer goes out of business or has to close shop it's typically better for the worker to be in a union.

  119. like Microsoft's "penalty", govt teach MS to kids by raymorris · · Score: 1

    Indeed. Much like the "penalty" for Microsoft's numerous antitrust violations - they had to allow schools to teach kids to use Microsoft products. Of course, they called it "donate software licenses to schools".

    There are bad settlements, and bad settlements shouldn't be allowed. Most settlements (and criminal plea bargains) are better for everyone than going to trial - the outcome is something that both parties agree is somewhat reasonable, unlike a trial where it's all-or-nothing, so it's guaranteed to be totally unfair, from one viewpoint.

  120. If you count guest workers, he's right. by sethstorm · · Score: 1

    Guest worker programs are the new company town. Between the restrictiveness of transferring between employers, the conditions usually encountered in "body-shop" agencies, and the nearly non-existent naturalization rate, you have all the same conditions experienced in the old company town.

    No wonder employers will do everything to ensure that no citizen can take that spot, since it is the most business-friendly type of employment.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  121. Re:So that was your point. A union president says by pnutjam · · Score: 1

    The problem you outline, elected officials negotiating with unions, is not an inherent problem. It is only one of the symptoms of the problems created by our two party system. Even that doesn't make the problem insurmountable, but is exacerbated by the money=speech provisions that have been placed into our current system.
    Once again, unions are a convenient scape goat, one that safer to attack in today's climate.

  122. criminal by bigpat · · Score: 1

    First the emails indicate that they knew it was probably illegal. This is absolutely a conspiracy to restrain trade. Employees have a right to sell their services to other companies. By conspiring not to approach these employees to hire them, this was a criminal conspiracy. It is no different than a company with a supplier agreeing with another company that they won't approach that supplier about buying their services. Both situations clearly violate the law. You can't enter into agreements with another company to split up the market. It is a felony.

    1. Re:criminal by GPS+Pilot · · Score: 1

      You haven't addressed my points.

      There are thousands of companies whose employees I haven't tried to recruit. So that makes me a felon? If you had your way, what amount of my resources would I have to divert into recruiting employees away from other companies, to avoid being charged with a felony?

      Nobody from Honda tried to recruit me as a customer when I bought a Toyota. Are the management of Honda felons?

      Employees have a right to sell their services to other companies.

      Agreed, but lack of an active recruitment campaign does not infringe that right. Is there any evidence that if an Apple employee took the initiative to apply for a job at Google, their application was rejected on the grounds that they were an Apple employee? (Or vice versa)

      It is no different than a company with a supplier agreeing with another company that they won't approach that supplier

      If Acme Bridge Construction Co. says to Zenith Bridge Construction Co., "it would make our supply chain more stable if you don't make inquiries about ordering rebar from our rebar supplier, and in return we promise to make your supply chain more stable by not making inquiries about ordering rebar from your rebar supplier," and both companies agree that this is in their best interest, it makes them felons? No, the rebar suppliers are still free to market and sell their product to anyone they want to, despite the existence of such an agreement.

      Finally, if I send you an email that says "I think the way I cooked my breakfast is probably illegal," that does not make the way I cooked my breakfast illegal.

      --
      That that is is that that that that is not is not.
    2. Re: criminal by Anonymous Coward · · Score: 0

      Your example and moronic point conveniently ignores the illegal part which is the agreement between companies to not hire people. You can't conspire to restrain trade. It is a Federal crime. A felony.

    3. Re: criminal by Anonymous Coward · · Score: 0

      Your Acme example is clearly exactly the type of agreement in restraint of trade that the law was meant to deter or punish. Companies are supposed to compete not collude.

  123. yay, we're being productive by raymorris · · Score: 1

    >> You jump from that to wanting to force people to work your union contracts against their will. On that we disagree.

    > Please quote where I have said anything of the kind.

    Coldsam wrote:
    If every worker had the freedom to do whatever they want, a union would never have any leverage

    Also:

    They are against laws that force employers to recognize unions and bargain with them as well as the laws that FORCE EMPLOYEES TO BECOME PAYING UNION MEMBERS EVEN WHEN THEY DON'T WANT TO.

    You replied:
    So they are just against effective unions then

    I guess you've realized that's ridiculous (and fascist) to "force employees to become paying union members when they don't want to", so you've changed your mind. Awesome. That's the great benefit of discussion, we get to examine our ideas, consider alternative viewpoints, and refine our own thinking. Yay for effective discussion. A moment ago you said forcing people to be under the control of a union is the only way for unions to do anything.

    I've enjoyed discussing this with you.

    1. Re:yay, we're being productive by ColdSam · · Score: 0

      You haven't "discussed" anything. You are an extremist who sees no reasonable middle ground, no compromise, everything is completely black and white. In your head if someone supports laws that prevent union busting then they must support every industry and every worker being forced into a union; if someone supports affirmative action (in whatever form) they think "negros" are fundamentally less intelligent and it is impossible for them to make it on their own.

      I honestly hope that you find a place with laws that support your ridiculous view of the world. You will find it is an impossible, ugly and uncivilized world and despite the tremendous advantages you've been given in this life, you will find yourself at the mercy of an even smarter, more affluent and more vicious asshole than yourself.

  124. maybe I misunderstood you, or are you confused? by raymorris · · Score: 1

    A moment ago you said you don't want to force workers into unions against their will. That was shortly after you said it is necessary to "force employees to become paying union members even when they don't want to". If you didn't change your mind, are you just confused? Maybe you're not sure what you think? That would be cool, that's called being open-minded.

    1. Re:maybe I misunderstood you, or are you confused? by ColdSam · · Score: 1

      Remember when you said that "negroes are not intelligent and they needed help to succeed in America." There's your answer.

  125. Re:So that was your point. A union president says by raymorris · · Score: 1

    > exacerbated by the money=speech provisions that have been placed into our current system.

    Unfortunately, the alternative is far, far worse. In Citizens United, it was decided that you are allowed to make a documentary, or otherwise let your voice be heard beyond the room you are in - and that doing so means spending some money to make the documentary.

    The other option would be to decide that you may NOT spend any money while exercising your free speech rights. You may not buy yellow ribbon, you may not make Xerox copies of your essay, and you may not rent a microphone and speakers to make a speech. If you decide that free speech rights disappear the moment you spend any money, you've decided that Dr. King's "I Have a Dream" speech is illegal without prior government approval. (As political speech that required money to put on, virtually all of MLK's speeches would have been illegal under the principles the FEC put forth in CU). I don't think we want to go there.

    Allowing MLK to give a speech also allows Michael Moore and the head of UAW to give speeches or make videos. It's not perfect, but it's a heck of a lot better than criminalizing the act of making a political video.

  126. Re:So that was your point. A union president says by pnutjam · · Score: 1

    Breaking the link between money and speech doesn't deny anyone anything. It just allows us to enact regulations.

  127. It's about time by Douglas+Goodall · · Score: 1

    I have been wondering for several decades what was going on with Apple because they just do not seem to want to pay fair money for engineers. They know we want our resumes to say we worked for Apple. The thing that gets me the most is that the cost of living in Cupertino and surrounding areas it VERY high, the average commute being 45+ minutes the last time I looked. When I interviewed there years ago, I was astounded at what they wanted to pay. Since about 1999, someone has been draining the money out of the software engineering profession. I just don't see how they expect to get or keep the top talent with a policy like that.

  128. Re:Time for a union that is only way to get the po by radarskiy · · Score: 1

    The LP wishes to allow the employer to no recognize a union but they leave in place the implicit requirement of a union to recognize the employer. This would enshrine in law an asymmetrical power structure where labor must recognize capital organization but capital may ignore labor organization. They would "permit" unions in only the most useless of ways by by negating any of their possible functions. If negotiations do not go capital's way they may merely stop recognizing the labor organization that it was negotiating with; labor would possess no such ability.