Apple, Google, etc to go on trial for wage fixing

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Guardsman Bass
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Apple, Google, etc to go on trial for wage fixing

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This article from PandoDaily is pretty good. Apparently there was a serious agreement not to poach each others' employees, or engage in a host of practices involved in recruiting the others' employees. It's been an on-going thing since the investigation started in 2010, but it's finally set to go to trial in May:
PandoDaily wrote:
In early 2005, as demand for Silicon Valley engineers began booming, Apple’s Steve Jobs sealed a secret and illegal pact with Google’s Eric Schmidt to artificially push their workers wages lower by agreeing not to recruit each other’s employees, sharing wage scale information, and punishing violators. On February 27, 2005, Bill Campbell, a member of Apple’s board of directors and senior advisor to Google, emailed Jobs to confirm that Eric Schmidt “got directly involved and firmly stopped all efforts to recruit anyone from Apple.”

Later that year, Schmidt instructed his Sr VP for Business Operation Shona Brown to keep the pact a secret and only share information “verbally, since I don’t want to create a paper trail over which we can be sued later?”

These secret conversations and agreements between some of the biggest names in Silicon Valley were first exposed in a Department of Justice antitrust investigation launched by the Obama Administration in 2010. That DOJ suit became the basis of a class action lawsuit filed on behalf of over 100,000 tech employees whose wages were artificially lowered — an estimated $9 billion effectively stolen by the high-flying companies from their workers to pad company earnings — in the second half of the 2000s. Last week, the 9th Circuit Court of Appeals denied attempts by Apple, Google, Intel, and Adobe to have the lawsuit tossed, and gave final approval for the class action suit to go forward. A jury trial date has been set for May 27 in San Jose, before US District Court judge Lucy Koh, who presided over the Samsung-Apple patent suit.

In a related but separate investigation and ongoing suit, eBay and its former CEO Meg Whitman, now CEO of HP, are being sued by both the federal government and the state of California for arranging a similar, secret wage-theft agreement with Intuit (and possibly Google as well) during the same period.

The secret wage-theft agreements between Apple, Google, Intel, Adobe, Intuit, and Pixar (now owned by Disney) are described in court papers obtained by PandoDaily as “an overarching conspiracy” in violation of the Sherman Antitrust Act and the Clayton Antitrust Act, and at times it reads like something lifted straight out of the robber baron era that produced those laws. Today’s inequality crisis is America’s worst on record since statistics were first recorded a hundred years ago — the only comparison would be to the era of the railroad tycoons in the late 19th century.

Shortly after sealing the pact with Google, Jobs strong-armed Adobe into joining after he complained to CEO Bruce Chizen that Adobe was recruiting Apple’s employees. Chizen sheepishly responded that he thought only a small class of employees were off-limits:

. . . .
Read the whole thing, particularly the next part where Steve Jobs threatens to make an example of Adobe if they don't back down from trying to recruit their employees. What's particularly serious is that a lot of this was blatantly discussed in e-mails between CEOs and some of their top underlying staff. The court documents are also available at the link.

I don't think any of the people involved (aside from Jobs, who is dead) will go to jail over this. More likely is that the companies in question will try and settle the class action lawsuit out of court, or failing that they'll make an agreement with the Fed and pay some pretty massive fines.
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Block
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Re: Apple, Google, etc to go on trial for wage fixing

Post by Block »

They need to start looking into the way in which these companies use contractors too. I've been one, and the way they treat contract employees is pretty far from all the perks offered to full time employees.
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Guardsman Bass
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Re: Apple, Google, etc to go on trial for wage fixing

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I've heard that, too. One of them was dealing with protests from security guards employed by a contractor they hired for their security, who was paying them poorly. It's how they avoid any push for unionization (both among staff and among programmers).
“It is possible to commit no mistakes and still lose. That is not a weakness. That is life.”
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Replicant
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Re: Apple, Google, etc to go on trial for wage fixing

Post by Replicant »

Every time I see an article like this it makes me laugh. Yep, Steve Jobs and Apple are/were SOOO cool according to my college friends while of course Microsoft and Bill Gates were EEEEVVVVVIIILLLLL.
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Re: Apple, Google, etc to go on trial for wage fixing

Post by Block »

Guardsman Bass wrote:I've heard that, too. One of them was dealing with protests from security guards employed by a contractor they hired for their security, who was paying them poorly. It's how they avoid any push for unionization (both among staff and among programmers).
Yup, that was Google, it wouldn't surprise me if it was more than that, but I know they were protesting on the Google campus.
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