Google, Apple, Intel and Adobe agree to pay $324 million to settle wage-fixing lawsuit

Himanshu Arora

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Four major technology companies including Apple, Google, Intel, and Adobe Systems have agreed to a settle a class action lawsuit alleging they conspired to hold down salaries in Silicon Valley, according to WashingtonPost. As per the settlement, disclosed in a court filing Thursday, the companies will pay a total of $324 million. The break up of the amount wasn't revealed.

Filed in 2011, the case alleged that the companies agreed not to poach staff from each other, preventing workers from getting better job offers. Although the lawsuit claimed $3 billion in damages on behalf of more than 64,000 workers at the four companies, under antitrust law, that could have then been tripled to $9 billion. A trial was scheduled to begin later next month.

While high damages award was one reason, the case was also being closely watched because of the disclosure of emails in which the late Steve Jobs, Google's Eric Schmidt, and other tech leaders hatched plans to avoid poaching each other’s engineers.

According to court documents, in one email exchange Eric Schmidt tells Steve Jobs that the recruiter who solicited an Apple employee would be fired. Jobs then forwarded the email to one of the Apple's top human resources executives with a smiley face.

Another email exchange shows Google’s human resources director asking Schmidt about sharing its no-cold-call agreements with competitors. But Schmidt preferred it be shared verbally. "I don't want to create a paper trail over which we can be sued later", he said. Obviously, the HR director agreed.

Although the companies acknowledged entering into some no-hire agreements, they rejected the allegation that they conspired to hold down salaries. They also argued that employees should not be allowed to sue as a group.

While spokespersons for Apple, Google, and Intel declined to comment, an Adobe representative said the company denies engaging in any wrongdoing but settled “in order to avoid the uncertainties, cost and distraction of litigation”. On the other hand, an attorney for the plaintiffs called the deal “an excellent resolution”.

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Ironic isn't it? That the company with the slogan 'Don't be Evil' (Google) makes the list of the ones who are being sued, but the tech company historically called 'Evil' (Microsoft) is missing.

What I'd like to know is what other companies were asked to abide by this deal and said no.

There are also a couple hazy details about this case. The story implies that this was done to hold down wages. But I really doubt Apple or Google cared about whether they had to fork out an extra hundred grand. I would bet this was all about talent. California has a law that basically makes no-compete clauses illegal in employment contracts. That means employers can't force you to not work for the competition for a period of time after leaving. It promotes talent transfer, and it's one reason silicon valley is in California, and not a much more tax-friendly state.
I would guess this agreement had far more to do with not poaching talent than it did for keeping wages down. (Although, depressed wages was a result of this policy) But since we'll never know for sure, the story of keeping wages down will bring more page clicks. And it will allow up to point the proverbial ethics finger at CEOs which we all love doing.
 
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Right idea, wrong country. What they should have done is sued in china and south korea. I heard some people in south korea make 5 cents an hour.
 
Right idea, wrong country. What they should have done is sued in china and south korea. I heard some people in south korea make 5 cents an hour.
basic minimum wage for metro manila PH is around 425php/day, around 325php/day for provincial cities, much less for municipalities.
at around 45php to 1$ u.s., most PH workers are living below poverty line as defined by family income of less than 13,000php/month.
those who know about computers and technologies and proficient in English language are working as call center agents earning 25,000php-50,000php depending on the company.
those who are proficient in English language and willing to learn medical terms are working as medical transcriptionists, earning a healthy sum per month.
those who graduate from naval school/maritime courses and willing to brave the seas are working as seamen of foreign sea vessels earning more than 50,000php-100,000php/month (1000$+ to 2000$+ or more/month), depending on expertise bracket.
some companies in cavite export processing zone (aka cavite economic zone) offers ample wages for qualified workers at 3x-5x the minimum wage.
unfortunately, most mall workers are in 'perpetual 5-month contracts' as the PH government requires business owners to hire regular workers if they are working for 6 months or beyond.

since silicon valley is located in the mighty USA, I can only dream of the 'fixed wages' those workers get at the end of the working month. (better than 5,000$-10,000$/month ?)
 
Wage fixing would not have been an issue if everyone throughout the company had the same fixed wage. It's not about fighting wage fixing. It's about fighting those who think they are worth more than the average, by not applying the same fixed wage equally.
 
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