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Google, Apple and Others Accused of 'No Poaching' Deal 276

lightbox32 writes "According to the Wall Street Journal, several of the US's largest technology companies, which include Google, Apple, Intel, Adobe, Intuit and Pixar Animation, are in the final stages of negotiations with the Justice Department to avoid a court battle over whether they colluded to hold down wages by agreeing not to poach each other's employees. 'The Justice Department would have to convince a court not just that such accords existed, but that workers had suffered significant harm as a result. The companies may not want to take a chance in court. If the government wins, it could open the floodgates for private claimants, even a class action by employees. A settlement would allow the Justice Department to halt the practice, without the companies having to admit to any legal violations.'"
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Google, Apple and Others Accused of 'No Poaching' Deal

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  • by MaskedSlacker ( 911878 ) on Saturday September 18, 2010 @01:27PM (#33620952)

    Uh, yes there laws to stop them. This is why the JUSTICE DEPARTMENT is investigating them. Because what they're accused of is illegal.

    How the fuck were you modded insightful? Is Rush Limbaugh a /. mod?

  • it's nonsense (Score:3, Informative)

    by Anonymous Coward on Saturday September 18, 2010 @01:49PM (#33621094)

    I work at one of the companies in the investigation and I was recruited by another.

    On top of that I've hired many people into the company I work for (which again is one of these) and my recruiter told me exactly what's allowed and what's not.

    What isn't allowed:
    Actively recruiting people from the other companies. That means no cold-calling, no standing outside their parking lot, no poaching at tech conferences.

    What is allowed:
    Hiring their people. If they submit their resume, it's fair game. If someone else submits their resume, it's fair game.

    And on top of that, as I mentioned above, one of the companies even broke the rules to try to recruit me, so I'm sure the company I'm at does it too to the others.

    Anyway, none of this really hurts the employees, if you want to find a new job, no doors are closed to you just put your resume out there.

    On another note, not mentioned in this investigation (that I know of), the company I work at has a "freeze-out" on another company. Anyone who left this company to go there is blackballed and is not to be hired back. How long that will last I dunno, but for now they're very serious about it. This actually might hurt employees' career prospects and probably is illegal.

    Oh, another another note, it's common in the industry to do salary surveys. Each year, the companies actually collude to share information about how much they are paying their employees in different positions and then they do equivalent rankings. They then report these figures as part of their annual compensation reviews/reports. I have to imagine sharing this information makes it a lot easier to put in place these "no cold calling" agreements.

  • by arkenian ( 1560563 ) on Saturday September 18, 2010 @04:24PM (#33621946)

    So its okay for the NFL, NBA, and MLB to have salary caps, and they pretty much are monopolies, but its not okay for a tiny percentage of the market to agree not start a wage war with each other ...

    It is perhaps worth noting here that the major sports leagues have various dispensations in the standard anti-trust laws, and are, thus, bad examples.

  • by Uberbah ( 647458 ) on Saturday September 18, 2010 @08:36PM (#33623346)

    It would give consumers cheaper products.

    Not on this planet - any cost savings go directly into the pockets of company executives and shareholders.

All seems condemned in the long run to approximate a state akin to Gaussian noise. -- James Martin

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