Judge: $324M Settlement In Silicon Valley Tech Worker Case Not Enough
itwbennett writes: "A proposed $324.5 million settlement of claims that Silicon Valley companies (Adobe, Apple, Google, and Intel) suppressed worker wages by agreeing not to hire each others' employees may not be high enough, a judge signaled on Thursday. Judge Lucy Koh didn't say whether she would approve the settlement, but she did say in court that she was worried about whether that amount was fair to the roughly 64,000 technology workers represented in the case. Throughout Thursday's hearing, she questioned not just the amount but the logic behind the settlement as presented by lawyers for both the plaintiffs and the defendants."
All the judge did, was ask whether historical fines to other companies are an appropriate precedent for Apple, Google, and the rest. This isn't "questioning the amount and logic" but regular old due diligence.
The point of "punitive damages" is to punish the company...duh. But, how do you do that?
Just taking their money isn't enough, especially in the case of these companies. You can take astronomical amounts and it would be a drop in the bucket to them. What is $400 million to a company with billions in cash?
What you need to do is hurt them bad enough to affect their stock price. Then everyone takes notice. Board members have their positions threatened, when that happens, executives are fired, etc. THAT'S punishment.
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The proposed settlement mainly benefits the lawyers and not the people damaged. What a surprise.
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$324.5 million / 64000 workers = $507.03
These tech workers are getting fuck either way.
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She questioned the amount, the logic behind the amount and why the plaintiff's lawyers didn't feel a jury would find the emails a convincing argument for collusion. Not sure how you didn't find the summary accurate. I know it's a rarity on slashdot but this one is pretty spot on.
My my! All that trouble, wages screwed with and people's lives treated like they were, you get $5070 and some change. Good day. HAHA. Glad they rejected the settlement.
That's about $5000 per employee, much less than the costs to the businesses otherwise.
Try $6.5 billion...then they will think twice about this crap.
The actions of this cabal of companies has had a lasting effect on everyone working the tech sector. The normal cycle of hiring employees out of their existing position with an offer of more money helps to drive the average salary for a position up. Years of refusing do to that caused average salaries to stagnate. When I was offered a position at Apple in 2007 I scoffed at the rate I was offered, and I was told that Apple prided themselves in paying industry median salaries. What they neglected to mention was that they were actively working to keep the industry median down. I never took the position at Apple, and am not eligible in the suit; but that doesn't mean I wasn't affected. Many companies gauge offer salaries and raises against industry salary reports like those generated by Glass Door and other wage survey groups. Because some of the biggest employers in tech were working to keep wages down, and their rates significantly contributed to those salary reports, they effectively kept an entire employment sector's wages low.
How do you compensate for that? You can't. No court settlement will make up for the damage caused by this.
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Lucy Koh is still a judge?! My god, our legal system is a shithole.
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You're assuming that entire settlement goes to the plaintiffs. The lawyers will get several 10s of millions of that first.
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So that settlement works out to roughly $5000 per worker before lawyer's fees, which are sure to be substantial. Sounds a bit light to me, especially given the amount of cash the relevant companies have in the bank.
and besides, if someone steals your money from you, to give it to their shareholders or bosses, you're getting fucked...even if you can handle the loss better than others.
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Again, more reason for fines to be based as a % of net worth and not simply hard cap values. A fine of a year of the company's average income or 10% of their net worth will actually hurt a company and force it to pay heed to the laws. As it stands, these companies have saved more and thus made more by breaking the law than they will ever be hurt by fines....
We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
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We are very sorry that you got us red handed.
But if only this is the price for keeping down the wages, we will meet next month to explorer further secret deals.
Sign Google, Apple Adobe and Intel
Basically 324.5 mil, divided by 64,000 people comes out to $5070.31.
The lawyers involved will probably get at least half. So these tech workers' compensation works out to a measly $2500 or so?
These companies made BILLIONS. And these workers were denied opportunities to advance their careers that could have worked out to SIGNIFICANTLY more than $2500. Hell, that's a fricking Christmas bonus.
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That works out to about $5,000 per employee, at least if they were going for actual damages (not punitive) it seems pretty low for some, reasonable for most & a bit high for a few but overall its probably not too far off. That assumes though that the legal fees aren't going to take a big chunk of the settlement, which they probably will.
What about all the rest of us tech workers whose companies set our salaries based on a "survey" of salaries at the "industry-leading companies" such as Apple, Adobe, etc...
They fucked us over too, often by roughly the same amount of dollars.
The settlement is weak. Nobody responsible is going to jail. The theme just repeats itself. Those in power can either drag things out so long, or be claimed to be too "big to prosecute" by Eric Placeholder's DOJ (bought and paid for by corporate sponsors, funny that...) and never have any real punishment brought on them of consequence.
If the precedent goes on too long where too many angry screwed peons do not have any sense of justice, you may see vigilantism kick in. Screwed workers who feel they have little left to lose might start going postal after realizing that their American Dream is just such a farce.
Let's play with financial data for a moment, shall we?
Revenue in FY2013:
Google: $59.8B
Apple: $170.9B
Intel: $52.7B
Adobe: $4B
Total: $287.4B
Settlement: $0.324B (0.11% of yearly revenue)
Median US household income: ~$52K
0.11% of that: ~$57
So, this is the equivalent of a regular Joe breaking the law for 7 years and, when caught, being fined $57.
Is this a deterrent or an encouragement?
Justice in this case might look simple -- take a bunch of money from the companies and give it to the employees that would have earned it (and penalties, of course). The problem is, this affects a bunch of innocent bystanders. These are top stocks in this country. Lots of retirement funds are wrapped up in these stocks. If you penalize the companies the "rightful" amount, you will definitely harm their stocks, which means members of the police retirement fund in Maine (across the country) stand to lose their asses through no fault of their own.
It's easy to throw around ideas of vengeance & justice on these kinds of situations, but the world is a complicated place, and sometimes what appears obvious and "common sense" is actually the most harmful thing you can do.
Does anyone know if if the settlement is supposed to in any way be punitive?
Settlements are almost by definition not punitive. It's an agreement between the two parties. The defendant gives less than what might happen if there was an actual ruling by a judge/jury. The plaintiff takes a certain but lesser amount rather than taking an all or nothing risk with a ruling.
are also heavy users of H1-B visas which also depress wages. I say fuck them all. But I don't know how to actually go about fucking them over.
It isn't as if another version was already submitted earlier, perhaps with a better summary for the editors to use:
http://slashdot.org/submission...
This is a different thing. The link you give is about the proposed settlement. The article here is about the judge questioning the current settlement offer.
http://www.geoffreylandis.com
Unless she makes it billions and billions, I know 64000 tech workers who will be blacklisted....
This will get turned over on appeal. We're talking about the courts in Silicon Valley which aren't real courts.
It's not to late to file letters with the court dropping out of the class to pursue your own case because the settlement doesn't fit what you think is fair.
If enough people protest the settlement and drop out they will be forced to redo it.
Wonder just how many voted to except this so called settlement. Yet another FU to the workers of America by Cooperate America and the corrupt law system we have. Lawyers taking care of Lawyers And liberty and justice for all. Who can afforded it. IMO
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$320 million will just about cover the plaintiffs' legal expenses.
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