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Ask HN: Why is Pave legal?
If you haven't heard of it, Pave is a YC-backed startup that helps startups with compensation. I can't actually access the system so I'm speaking from hearsay and what's information on public parts of their website. The way I understand it works is that you connect Pave to your HR and Payroll systems, they take the data about who you employ and how much you pay them, combine it with all their other companies, and give companies a collective breakdown of compensation ranges.
My question is, isn't this specifically anti-competitive wage fixing? This seems exactly like RealPage but for employee compensation. As far as I know, colluding on wages like this is illegal. Is there something about the company that I'm missing?
- hi-v-rocknroll 2y agoThey already expect people to work for next to nothing simply because they're "startups". Instead, maybe they should focus on hiring decent people AND paying them industry-fair wages.
- estebandalelr 2y agoMy guess is that they would argue that most of the data they use is public, just go on LinkedIn and look at 10 job listings to have a range.
- gwervc 2y agoJob listings is very different kind of data than compensation actually paid to employees.
- the_mitsuhiko 2y agoPave's data is _incredibly_ revealing. First of all it covers historical data for every single employee, secondly it includes stock as well. It also relates the compensation to performance.
- numlocked 2y agoI believe wage-fixing would require companies to agree to…fix wages. Having knowledge of average compensation is not inherently problematic. Firms are still able to decide to pay more or less than the prevailing wage.
- october8140 2y agoRealPage also gave recommendations. Giving a salary range seems like the same thing.
- cscurmudgeon 2y agoBy this logic, employees who share their salary publicly also contribute to wage fixing.
- Nevermark 2y agoIf it’s public there is no information asymmetry. There is no fixing.
- cscurmudgeon 2y agoHow? Information symmetry doesn't prevent fixing. E.g., rents are all public information. If it is public, won't employers still have access to the salary ranges for free? The very thing Pave is giving them at a cost?
- beeboobaa3 2y agoDo you actually believe they will be doing this?
- InsideOutSanta 2y ago"I believe wage-fixing would require companies to agree to…fix wages" They don't need to officially twirl their mustaches and laugh evilly while telling each other how they're definitely fixing wages. They just need to share data on wages with other companies in the same or a similar business with the intent of decreasing wages. That is already illegal, because they're colluding with competitors to keep wages low.
- cryptonym 2y agoThe whole point of getting such data is to ... fix wages.
- october8140 2y agoIt’s new so the government hasn’t caught on yet. They probably also need a larger market share to be considered fixing.
- kasey_junk 2y agoADP has a product called compensation benchmarking which is very similar to how this is described. They’ve had that product (with various names) for years.
- jcomis 2y agoExperian also sells a similar product
- tensor 2y agoNo, this is not new. There are many many many companies selling compensation metrics. This is also not salary fixing. These companies typically do not offer recommendations. It's up to each individual company to decide how to structure their salary bands and how they want to stack up to the market.
- Moto7451 2y agoI actually run a product in this space in Europe as part of my portfolio. To echo your recommendation point; How we do it is pretty much the industry works. We give the low, mid, and high points in our data set based on what variables you input. We get the data from salary surveys and government data sets. It’s all very boring and above board. If companies choose to talk to each other to suppress salaries, they’re not using our tooling to do it. There are also firms that will do all this work for you especially if you lack enough people in your own offices for an internal benchmark. If you’re building a CAD tool you can tell them (paraphrasing) to pretend you’re just like Autodesk and ask how much you should pay a UI designer.
- socksy 2y agoWhat is the name of your European product, and is that data solely available to employers?
- mcntsh 2y agoWage fixing is when multiple companies agree to set wages at a certain amount. Sharing compensation data across companies doesn't necessarily mean wage fixing. Company A can use the compensation data from Company B to try and compete better for talent. Not saying thats what it will be used for, but it's technically not wage fixing.
- nowyoudont 2y agoI'm asking this as someone with 0 legal knowledge: doesn't the context matter? If every company takes this data and is like "we want to pay at the 95th percentile" (which is what they all do), that seems like wage fixing even if they're not all agreeing to it together.
- vishnugupta 2y agoThat’s how pricing works in a market? In fact if every company did pay at 95th percentile then I’d say it’s a good outcome. There’s a 5 percentile slack which is not too bad?
- aikinai 2y agoIf they’re all shooting for the 95th percentile and have up-to-date data then you certainly won’t have fixing; rather you’ll get insanely rapid wage inflation!
- wccrawford 2y agoYeah, it seems more like they'd all shoot for 45th percentile and say "We pay competitive wages" instead, slowly driving the wages down.
- throwway120385 2y agoThat's what my employer does. The head of our HR team got in front of the entire company and said that they aim for 50th percentile for everyone in every pay band. It instantly made me want to job hop, tempered only by the million things I have going on in my personal life that have a better expected value than a 5 or 10k pay bump.
- frankjr 2y agoHuh, looks like they've pivoted (or is that a different Pave?). > Pave: We turn your Google Analytics data in actionable insights + reports with our data science AI algorithm. https://www.ycombinator.com/companies/pave https://www.ycombinator.com/companies/pave
- giladvdn 2y agohttps://www.ycombinator.com/companies/pave-2 https://www.ycombinator.com/companies/pave-2
- grues-dinner 2y agoThat proud phrase "HR Tech" in that link, gives me the heebie-jeebies. I'd say "if you work in a company like this you're a bad person", but sociopaths, sorry, Wharton graduates won't give a shit anyway.
- carlmr 2y agoIt seems like the term Wharton graduates is now a wart on graduates' resumes.
- FooBarBizBazz 2y agoThere's an unfortunate lack of fear.
- you_should_die 2y ago[flagged]
- msy 2y agoCompanies like Radford have been doing this for decades and are used by pretty much everyone, Pave is just a more efficient version of the same game.
- levi-turner 2y agoBeyond salary, there is a whole industry of data brokers who get transactional data from individual participants in an industry vertical (CPG, Health Insurance, Salary, etc), aggregate it with their competitors and present it back to those participants as benchmarks. Management Consulting likewise is a way to launder getting strategic insight into your competitors from a third-party.
- ghaff 2y agoThere's a long long history--especially when a lot of information was more opaque than today--when companies quietly shared a bunch of information with middlemen because they needed that information from other companies to function and the middlemen skimmed some of the the take. Even price sheets that we would consider very rudimentary today were part of that.
- sanj 2y agoIt smells awfully close to: https://www.justice.gov/opa/pr/justice-department-sues-realpage-algorithmic-pricing-scheme-harms-millions-american-renters https://www.justice.gov/opa/pr/justice-department-sues-realp...
- vishnugupta 2y agoThis was the exact thing that popped into my mind when I read the poster’s description.
- carterschonwald 2y agoReal pages is such a gross business
- zulban 2y agoReading that, seems like RealPage could protect itself from similar problems if they simply avoid using the same sales rhetoric, and don't do explicit recommendations. "You are paying way more for this position than others... hmmmm." Surely they are aware of the similarities and are strategizing.
- mhx1138 2y agoSoon you need to waive your class-action rights when applying for a job.
- blast 2y agoThe OP specifically mentions that.
- deleted 2y ago[deleted]
- braden-lk 2y ago“I’m not punching you in the face, I’m just putting my fist on a movement vector that happens to intersect your face.” I hope these guys get their shit rocked in court. I’m tired of a world run by cartels.
- you_should_die 2y ago[flagged]
- jmkni 2y ago"Alright, pie, I'm just gonna do this...and if you get eaten, it's your own fault!"
- hooli42 2y agoIt's legal the same way Airbnb and Uber are legal.
- paxys 2y agoCollecting and sharing data is in itself not illegal. RealPage was also using the data to algorithmically generate a rent number and encouraging landlords to automatically use that number with no room for negotiation. It literally branded itself as a service that would prevent landlords from bidding against each other. That part is what pushed it into collusion. And regardless of whether it is legal or not, the problem has to go beyond a handful of small startups for the DoJ to get involved. RealPage is used in 80%+ of multifamily rental buildings in the US. What is Pave's market share? How many employees are affected by their practices?
- master_crab 2y agoNo. DoJ is suing RealPage because they used non-public, sensitive data to set rental prices in a way that reduces competition. Literally what these guys are doing. Complaint: https://www.justice.gov/opa/media/1364976/dl?inline=&utm_medium=email&utm_source=govdelivery https://www.justice.gov/opa/media/1364976/dl?inline=&utm_med... more readable Press release for DoJ on RealPage: https://www.justice.gov/usao-mdnc/pr/justice-department-sues-realpage-algorithmic-pricing-scheme-harms-millions-american https://www.justice.gov/usao-mdnc/pr/justice-department-sues...
- tazu 2y ago> Pave is a YC-backed startup This thread is getting removed from the front-page in 3... 2...
- benterix 2y agoI really, really hope they don't.
- hoseja 2y agoAaaaand it's gone.
- benterix 2y agoThis makes me sad. @dang, can you comment on that? I appreciate your integrity.
- dang 2y agoWe didn't see it or demote it—it set off the flamewar detector. I've turned that off now, in keeping with the principle described here: https://news.ycombinator.com/item?id=41511529 https://news.ycombinator.com/item?id=41511529. p.s. @dang is a no-op - I only saw this thread because I was doing our standard review of the flamewar detector. If you want guaranteed* message delivery, hn@ycombinator.com is the only way. * Well, mostly guaranteed. I assume there are a few that fail to get noticed in the spam bin, though we check that pretty carefully.
- the_gorilla 2y agoThat's awfully convenient. You don't moderate the content, your flame war detector goes off, and the algorithm removes it for you.
- dredmorbius 2y agoHN, as with virtually all user-generated content sites, leverages both member actions and automation heavily. Annually HN sees about 150k active users, 400k stories, and 4m comments: <https://whaly.io/posts/hacker-news-2021-retrospective https://whaly.io/posts/hacker-news-2021-retrospective> (2021 retrespective by Whaly.io). It has one public-facing moderator (and apparently a few others who don't post publicly on the site). HN's own mods see very little of the total site content. Automation and member votes, flags, and vouches, as well as emails to the mods, are what keep HN humming. Not perfectly, but quite frankly one of the better-run online discussion sites, and one whose quality has remained remarkably steady over nearly 20 years. If you see something you think isn't right (bad content not flagged, good content flagged, whatever, email the mods, and they'll take a look. I do this a lot myself, usually with positive results.
- rocqua 2y agoIf this were illegal, so should the KornFerry Hay system be, and that system has existed for decades.
- Fokamul 2y agoLol try this here in EU.
- cryptonym 2y agoIt exists, many companies are using wage benchmarks to fix salary in EU. Companies assume they don't need your approval to collect data on salary range for your position as aggregates are not directly pointing at you.
- dsotirovski 2y agoGratitude for the expose. I was(and assume most here were as well) completely unaware of Pave. I will, and hopefully other potentially impacted, look up if I am affected by this and if so - share experiences/info here.
- exabrial 2y agoWow first we got our rents fixed, now we're getting our wages fixed. Awesome
- benoau 2y agoUsing a rent estimate would be a brilliant way to double-check if you are overpaying salaries. /s
- dredmorbius 2y agoBeen going on for a while: High-Tech Employee Antitrust Litigation is a 2010 United States Department of Justice (DOJ) antitrust action and a 2013 civil class action against several Silicon Valley companies for alleged "no cold call" agreements which restrained the recruitment of high-tech employees. <https://en.wikipedia.org/wiki/High-Tech_Employee_Antitrust_Litigation https://en.wikipedia.org/wiki/High-Tech_Employee_Antitrust_L...>
- that_guy_iain 2y agoBecause it's not wage fixing? To be competitive you need to be paying more than others not the same as them. This is why FAANG got themselves into a fix of paying 500k for people they would have paid 200k for a year or so beforehand.
- elawler24 2y agoI got access to Pave through one of my investors. Seeing the data made us set salaries and contractor rates higher, not lower. It’s like salary banding at big companies. It’s a framework for how much other people are paid at the same level, not a contract. HR will make it seem like a rule, but if you do spectacular work - you can always negotiate. Collusion requires an agreement between rivals that negatively disrupts market equilibrium. Is this company not actually making the market more efficient and transparent? That said - an efficient market is good for the collective, not necessarily the rogue / outlier individual.
- lantry 2y agoThe market might be more transparent for the people who have access to pave, but for those who dont, the information asymmetry becomes worse.
- vundercind 2y agoDing ding ding. Improving information for only the already-more-powerful side of such an asymmetric relationship doesn’t help the weaker side.
- zaptheimpaler 2y agoI agree and as an employee I encourage everyone to take a second post their salaries on levels.fyi. We have our own compensation tool that is free & likely as good or better than Pave as long as people add their info.
- bjourne 2y ago> Collusion requires an agreement between rivals that negatively disrupts market equilibrium. Is this company not actually making the market more efficient and transparent? That said - an efficient market is good for the collective, not necessarily the rogue / outlier individual. I'm sure you practice what you preach and tell all your employees what their coworkers earn?
- ativzzz 2y ago
- zelphirkalt 2y agoWell, I wouldn't mind getting my wage fixed, if that works both ways, down _and up_, because then I would be guaranteed to never earn less than average for my skill and experience. Assuming, that those things of course factor into the averaging. Person X with experience Y in position Z. However, something tells me, that there is a tendency towards the downwards direction and none towards wage increase. (Background: In Germany not so many companies pay competitive wages for their software engineers, especially not, once you worked for some years and are no longer a bloody junior. So I calculate it would result in a wage increase for me, since everyone says I am underpaid for my experience.)
- felurx 2y agoGenuine question: What makes you believe that an employer would decide to pay you more when they notice that they're paying you less than other companies would? Why wouldn't they just think "Oh, neat, we got such a bargain!"
- zelphirkalt 2y agoThat's the reason I wrote, that I wouldn't mind, if (and only if) the upwards direction also happens and why I wrote, that "something tells me" that that wouldn't be the case ; )
- gosub100 2y agoIf they cannot fill positions or are shedding talent.
- AlchemistCamp 2y agoWhat stops senior devs in Germany from remote contracting for foreign companies that pay better?
- zelphirkalt 2y agoNot everyone wants to be self-employed is at least one factor.
- theGnuMe 2y agoYeah this is borderline. It probably won't fly in California. In the past big tech companies (like Symantec) used to require you to submit your last W2 or tax return for a job offer. Credit card companies also sell your salary information etc...
- josefritzishere 2y agoThis sounds very obviously illegal. Where is the local DA on this?
- louthy 2y agoIn the UK and EU it would be outright illegal on GDPR grounds (unless you consented to it, which would be unlikely without coercion — also illegal)
- Tknl 2y agoIn the EU there are definitely companies providing aggregated salary band norms, in fact utilizing them is nearly required by upcoming EU directives as salaries must be justified by HR. In the Netherlands I know Bureau Baarda is gathering and selling data.
- Peroni 2y agoPave (and many other comp platforms) are prolifically used in the UK and across the EU because no individuals personal data is being shared. Pave doesn't get told 'louthy is a software engineer and gets paid £50k a year' - they get a list of job titles, seniority, and salaries but no identifiable data.
- deleted 2y ago[deleted]
- RayVR 2y agoThe fundamental difference between something like Pave or Radford is that, AFAIK, they are simply providing companies with information. I am not a lawyer, but I believe the fundamental issue with RealPage is that by entering into a service agreement with them, you agree not to violate their price “recommendation” and so you are centralizing actual pricing power into a single entity. I believe RealPage has some way to negotiate out of this standard deal but it’s not common. Companies likely insist on staying within certain pay bands for a whole host of legal and HR reasons but they aren’t getting a specific salary from Pave that they are contractually obligated to use in their offer.
- p0w3n3d 2y agoI can recite at least five situations where "simply providing X with information" is considered a crime. One of them is company A providing planned price to company B in order to agree on it, and it is called price fixing. Other are insider trading, pump and dump, etc.
- corry 2y ago1) Salary surveys for local or national startup scenes have been a staple for decades. Here in Waterloo (Canada), there was a dominant local survey that all tech companies participated in annually with results being shared. Then, as you get bigger, you come across larger versions of the same thing. 2) VCs are often the vector by which this all happens. They ask their portfolio companies to pull together the info for their employees, presumably submit it into the companies aggregating everything, and then the startup gets a copy of the recent data. 3) Even done the old way (Excel), the data was incredibly detailed. You can slice and dice by startup stage (series A vs series B vs seed), employee count, region, sector, etc to determine if you're paying market rates or not. This is particularly useful for growing startups, where the founders have no idea what to pay, say, a VP Marketing at their pre-revenue mobile gaming startup in Helsinki. 4) Obviously whether or not this is bad for employees themselves is debatable, but I think people are missing the point that these surveys are ALWAYS skewed UPWARDS due to the much higher volume of data from the large tech companies (because they have far more employees and tend to be offering significantly higher comp). So in practice, the impact is likely to RAISE wages at earlier stage startups who are competing for the same talent as later stage tech.
- corry 2y agoAn interesting artifact of the information disparity between the startup executives (who have access to this benchmark data) and the employees (who don't) is that the employee is often wildly off the mark in their expectations, either too low or too high. There are so many variables at play too that it turns into a negotiation like everything else. Say an employee wants a big raise because they are having their first child are heading towards a higher cost base at home. Say the employer simply says "the salary data shows that your current pay is at the market average". Well, is the employee truly "average"? Perhaps they're a high performer. Does the average number take into account not only the company dynamics (stage, domain, funding, revenue level, etc)? Not perfectly. But then on the other side, just because an employee wants a higher salary due to a higher cost structure at home doesn't mean they are automatically entitled to it, right? Then on the startup side again, the manager is looking at the data and thinking about all the time and cost of replacing this person and realizing it's likely more than the cost of just granting the raise. Then the HR person comes in and says the salary grid -- whose whole purpose is to provide in theory tight constraints on these conversations -- rules this all out, there's no budget or wiggle room. When the Manager suggests the grid hasn't been updated in a few years, HR takes it personally and tells the person to take it up with the CEO. So then the CEO gets involved. She knows the employee has a unique view on the technology and market direction and considers them Tier 1 can't-lose-them. She knows the grid is out of date. She looks at the data and thinks that she can justify to herself and the financial plan that it'll be OK to do it, with fingers crossed that this doesn't happen across the board because then their runway will shorten considerably. So the raise happens. My point is just that the salary information asymmetry is just one relatively minor aspect to this whole negotiation and in the end I'm not sure it advantages the company all that much.
- nowyoudont 2y agoI guess my issue with all the “it’s just info” arguments is this. Employers inherently have an information advantage in salary negotiations. A tool like Pave drastically increases that imbalance. How am I ever going to realistically negotiate salary vs a company that has this level of information (even during performance reviews)? And frankly something that worries me is, what level of data are they getting? If it’s tied to your HR system, does it get anonymized performance reviews? If every company can perfectly profile me and place me in an expected salary, I as the employee give up all my power. That’s strictly bad for me
- tensor 2y agoYour salary negotiation point speaks more to a call for open salary data, which many people have been arguing for. You're missing a lot with your second point though. If a company has excellent salary data and can put in you a band, then it also means that you have better grounds to argue for raises when you gain experience, or argue if you are underpaid, or even find jobs at companies who intentionally pay a higher percentile to market as a way to attract better talent. In contrast, if we all operate 100% blind with no data, as many here seem to want, it would lead to all sorts of unfair wage situations with people doing equivalent jobs earning vastly different amounts. This sort of environment is biased towards more aggressive people who have strong social skills when it comes to negotiation. In fact, you see exactly this when companies choose not to buy data like this to set their bands.
- nowyoudont 2y agoI super agree that fully open salary data would be amazing. On the second point, I would argue that you have very little ability to determine when you’ve gained enough experience as an employee to argue for a raise. Whereas an employer with access to Pave has a _ton_ of ability to determine whether you have or have not. Yours is based entirely on personal experience and feel, plus maybe talking to a few coworkers. Theirs is based on aggregated data from thousands of employees
- tensor 2y ago
- d883kd8 2y agoVERY similar to the situation in the rental market where large landlords are being investigated for using software to enable collusion and price fixing. https://www.politico.com/news/2024/07/12/justice-department-rental-market-collusion-lawsuit-00167838 https://www.politico.com/news/2024/07/12/justice-department-...
- grayfaced 2y agoHate it in concept (I can't speak to Pave specifically). Metrics are useful if the manager doesn't make hard targets, the data is good and the model is good. How do you model compensation packages? how does 20 days leave compare to unlimited leave? Are two companies with unlimited leave equivalent? When the managers have targets, they're incentivized to massage the data in their favor. So even if you're doing it right, that makes every other companies data suspect. This also sounds like it will reinforce some negative behaviors. If the data shows that other companies are paying women 80% of their male peers, shouldn't this recommend I also pay women 80%? But I doubt the output will spell it out that way, will I even know it's influencing me this way?
- tensor 2y agoNo, you don't set salary bands based on race or sex. That sounds like it would be illegal. The way that bias creeps in is not from data gathering and setting salary ranges, it's from managers bias when they choose from the ranges for candidates. Setting company wide salary bands actually HELPS fairness in pay by providing objective ways employees can argue that they are underpaid if that's the case.
- t-writescode 2y ago> it's from managers bias when they choose from the ranges for candidates. It also comes in from how / if they choose to promote. If they take too long or if they just don't put you up for promotion / reject you, overall earning potential is weakened. Do this enough times and it becomes a substantial reduction in life-long earnings, life-long title, respect, etc.
- hiyer 2y ago> helps startups with compensation It's not only startups - I know decades-old, listed firms that use it too.
- failuser 2y agoUber and AirBnb are essentially illegal taxi and illegal hotel services. Remember taxi medallions? Remember zoning laws? Being illegal is not a showstopper for a startup because they are under a radar, being illegal is not a problem for a large business because they have enough power to not get prosecuted.
- Havoc 2y agoEric Schmidt echoed similar sentiment in his recent interview. Basically do it, if startup fails then it doesn’t matter. If it succeeds then lawyers can sort it out.
- santiagobasulto 2y agoWhich makes total sense for consumers as well. If the startup succeeds is because consumers are finding value in it. Uber is the best example. Uber is ilegal only in countries with deep corruption where taxi unions can make legislators ignore their constituents. Uber (and any other car sharing app) is the best solution for me as a consumer compared to the traditional old school taxi service.
- Havoc 2y ago> Which makes total sense for consumers as well. Kinda. Often this casual law breaking isn’t entirely victimless even if it benefits both consumer and the startup. I think Schmidt was talking about using content to train models. So artists getting short end of stick. Or Airbnb causing locals getting prices out or whatever. There is certainly some dodgy protectionism happening of the sort you describe but there are also externalities borne by society for this break laws startup style.
- warkdarrior 2y agoAs a user of GenAI, I get to create and save drawings in the style of any artist I like, without having to pay the artist $$$$. This is important to me because I like certain styles, but do not care for an original drawing nor have the money to pay for such. And the externalities introduced here are not borne by all of society, but only by a small number of people (How many important artists are there? 10,000? 100,000?). Just like horse-and-buggy drivers were affected by automobiles, while the vast majority of people benefited from automobiles.
- Eumenes 2y agoCarta has a similar product, and Radford is a popular one as well. These things have been around for decades. Nothing new.
- napolux 2y agoI had the same concern where I work. They told me data are aggregated anonymously, so no risks, in any case it's useful to compare yourself with others when your salary is below average, so you can ask for a raise (which I will do next salary-review cycle) :)
- altdataseller 2y ago"data are aggregated anonymously".. that's what almost every data broker with a security breach also said at one point in the past.
- eightysixfour 2y agoRealpage does the same thing with rental market data but they are clearly at risk.
- hungie 2y agoIt's almost certainly illegal, but it benefits the capital class, so it's going to get a pass for a long time. That said, it's exactly the same thing that landlords were doing with that pricing software and the government is coming after them, so maybe pave will get hit with a big lawsuit sometime soon. Here's hoping this sort of thing gets regulated down into the earth.
- deleted 2y ago[deleted]
- yonran 2y agoThe FTC Guidelines for Collaborations Among Competitors https://www.ftc.gov/sites/default/files/attachments/dealings-competitors/ftcdojguidelines.pdf https://www.ftc.gov/sites/default/files/attachments/dealings... says it’s illegal to share “competitively sensitive variables”, not just any data. Some forms of data sharing such as industry averages may not be illegal, but more detailed data such as numbers of applicants or price elasticity that enable the companies to act together as if they were a monopoly probably are. RealPage crossed the line by sharing an optimization algorithm and encouraging collective action. I’m not sure what Pave does.
- pwillia7 2y ago> Under the Sherman Act, agreements among competitors to fix prices or wages, rig bids, or allocate customers, workers, or markets, are criminal violations. Other agreements such as exclusive contracts that reduce competition may also violate the Sherman Antitrust Act and are subject to civil enforcement.Dec 20, 2023 A good US.A. could probably argue this meets that bar. Didn't they just do something similar with the rent fixing from that similar SaaS product?
- ecshafer 2y agoOp mentioned realpage, which is the company that does rent fixing as a service (RFAAS)
- uoaei 2y agoHow sure are you that the incentives in place don't encourage inching toward this behavior as they begin to establish themselves?
- nla 2y agoThis is exactly what Pixar/Disney and Ed Catmull got sued for. Apple, Google and FB as well.
- SoftTalker 2y agoDidn't they agree not to hire each other's employees? Which would serve to suppress salaries, even without sharing what anyone was getting paid.
- ipv6ipv4 2y agoLegal or not, Pave is unethical.
- Peroni 2y agoHow so?
- jmull 2y agoSharing compensation ranges may not be enough to qualify as wage fixing. It seems like there would have to be an agreement or at least a collective incentive to lower wages. While companies could use the data to ensure their offers are always below average (pushing wages down), they could also use the data to ensure their offers are above average, pushing wages up. Think about it: prices are transparent in most markets and that doesn't seem to generally lead to anti-competitive prices. In fact, it seems to encourage companies to compete.
- atomicnumber3 2y ago"at least a collective incentive to lower wages." ??? In accordance with HN guidelines I am going to resist giving a snarky answer and will instead clearly articulate: Companies clearly have a strong collective incentive to lower wages. "While companies could use the data to ensure their offers are always below average (pushing wages down), they could also use the data to ensure their offers are above average, pushing wages up." They may do both. Collude to keep average wages low, so that when they offer outliers "above-average" it is still cheaper to cross that many standard deviations. "Think about it: prices are transparent in most markets and that doesn't seem to generally lead to anti-competitive prices. In fact, it seems to encourage companies to compete." The problem imo is less about transparency and more about information asymmetry. It's asymmetrical that companies have access to literally what every other company is offering, while the employee is sitting there trying to guess based on glassdoor (which is utter shit information) and levels.fyi (marginally less shit?).
- jmull 2y ago> Companies clearly have a strong collective incentive to lower wages. Of course they all have an incentive to pay the lowest wages they can. I did not think we needed to state that. But what I don't see here is a synchronizing mechanism. That is, what here will push companies to *collectively offer below average salaries on average* vs above average salaries on average? > ...Collude to keep average wages low, so that when they offer outliers "above-average" it is still cheaper to cross that many standard deviations. Yes, companies could collude. CEOs and HR managers of a range of companies in an area or industry could start an email chain, or conference call, or slack channel and commit to keeping their average offers at 45th percentile or lower. That's collusion, and illegal. But is that what Pave is offering? What's the communication channel or other synchronization signal they are providing? A chat channel? Bonuses for companies that keep their average offers below average? Penalties for companies don't? IDK, perhaps there is some collusion mechanism they provide, but we should not just imagine there's one without a reason. > The problem imo is less about transparency and more about information asymmetry. Sure, yes. But that's something different than collusion to fix wages. That's an argument that we want organizations like Pave, but ones that will provide the same data to job seekers.
- bsilvereagle 2y agoYou may also be interested in the Work Number product: https://news.ycombinator.com/item?id=29834753 https://news.ycombinator.com/item?id=29834753
- atrettel 2y agoI have never heard of Pave before, but this just sounds like yet another copy of Equifax's "The Work Number" [1]. Basically, HR at many companies gives your salary and employment history data to Equifax, who then sells access to the information to certain parties with supposed need to access it, including potential and current employers and creditors. This report is likely one of the most invasive consumer files out there for many people. I cannot comment on the legality of this kind of data sharing, but as I and others have pointed out, it has existed for a while. I do agree that it is concerning. You can freeze your Equifax The Work Number report at least, just like other credit reports. [1] https://theworknumber.com/ https://theworknumber.com/
- wing-_-nuts 2y agoI downloaded a personal report from the work number website and found to my horror that my employer was reporting every. single. paystub. gross and net, to equifax. That felt like a huge breach of privacy. Given that equifax had already proven incompetent at keeping my data secure, I immediately sent HR a request to stop sending my supposedly 'confidential' pay info. They politely told me to kick rocks, so I went on TWN's website and froze that report so no one would be able to request it, and it will be a cold day in hell before I thaw it.
- SoftTalker 2y agoDon't ever work in the public sector then. Your salary is public record, open to anyone who is curious enough to look.
- hypeatei 2y agoI think that's widely understood and part of the job description of being a public servant. What's not widely understood is HR secretly selling your data while working at a private company.
- hunter2_ 2y ago> your data Is it yours though? The employer could probably argue that it's theirs. Devil's advocate: I think it's widely understood that entities can be transparent with their data if they choose, other than NDA scenarios.
- jasode 2y agoCompetitors making similar price adjustments or salary adjustments based on seeing each other's public announcements or sharing data is legal: https://en.wikipedia.org/wiki/Tacit_collusion https://en.wikipedia.org/wiki/Tacit_collusion That's why it's "legal tacit collusion" when one leading law firm announces salary increases and other law firms immediately match it: https://www.reuters.com/legal/legalindustry/large-law-firms-rush-match-cravaths-salary-hikes-associates-2022-03-01/ https://www.reuters.com/legal/legalindustry/large-law-firms-... That type of salary matching has been happening for decades. What's illegal is competitors making agreements with each other to set wages -- via secret emails, etc.
- nowyoudont 2y agoHuh, this tacit collusion being legal thing is mind boggling. The law firm example seems imperfect though. Publicly announcing that you’re raising salaries isn’t really the same as internally sharing that data and choosing to set the same salary based on that.
- macspoofing 2y ago>Huh, this tacit collusion being legal thing is mind boggling. Not really ... If you're looking to hire workers in a particular region, how do you know what a competitive wage is? Well ... you look at what similar firms are paying their workers. How do you know what similar firms are paying their workers? You read surveys, industry reports, public statements, etc. Nothing about any of that means you cannot offer a higher or lower salary for the same position.
- ghaff 2y agoInformation is either internally confidential or it's not. If the latter then it's very reasonable to expect other firms to take actions based on that information.
- impossiblefork 2y agoYes, but the information here is not public, since it's being sold as a service. If it were public, employees and job seekers would also have the information.
- llm_nerd 2y agoI cannot fathom how any organization would willingly allow such a trojan-horse operation to see internal data like this. What possible value is there to add such an enormous vulnerability surface for such laughably tiny, if any, benefits. That this company raised $100M+ at a $1.6bn valuation is...bizarre. This feels like one of those things where VCs (including YC and A16z) force this nonsense on their other startups in a circle-jerk sort of pyramid scheme fashion. There is no universe where this makes sense as a product.
- darby_nine 2y agoThere's a lot of technically legal anti-competitive behavior. We need our legislators to get off their asses and legislate.
- billjings 2y agoAs described, it is a fair ways away from what RealPage is doing. Specifically: * RealPage sells raising rents, not just market info. * RealPage pressures clients into taking their higher rents. * RealPage also pressure clients to refuse to rent at lower rates for their own narrow economic interest - in other words, they actively seek to circumvent competitive pressure to keep rents high. (edit: to clarify, I mean they discourage lowering rent to attract a renter) Pave does sound like it gives businesses a leg up over employees in wage negotiations, but until it e.g. starts promising clients that they will be able to pay lower salaries, the critical element of coordination won't be in the mix. Pave gives you the data, but you can still choose to pay above market to attract talent.
- __loam 2y agoWhat's the point of getting this data if it's not to pay less money? What is the value add?
- danielmarkbruce 2y agoTo pay more money.
- Retric 2y agoThe limit on pay is the amount of money they can budget to the position not what other people are paying.
- danielmarkbruce 2y agoAnd how do they arrive at the budgeted number? Lots of companies want to ensure they are paying a sufficiently high number to get sufficiently capable employees in a competitive market. While many (including me) find things like Pave gross, it's not a one way street, they can push wages up.
- Retric 2y ago
- swampthing 2y agoI have to say I am pretty surprised to see the negative sentiments toward Pave and salary benchmarking data in general here. Why is the assumption that salaries would always be lower given this data? It seems just as likely to inform companies that what they had in mind is below market or that they are under-compensating someone in light of market changes.
- stray 2y agoObviously, this sort of information would always be used for good.
- swampthing 2y agoBecause information has to be used for good or bad and never both?
- MathMonkeyMan 2y agoI've never run a company and probably have a chip on my shoulder, but I also think that it's a reasonable assumption that most employers want to pay as little as possible.
- swampthing 2y agoI guess my point is that without some sort of sense of the market, whether through Pave or something else, the motivation to pay as little as possible may lead some employers to have lower salary ranges than they would otherwise.
- vasco 2y agoA company doesn't need to know they are under compensating for a role from a third party. They'll find out by the quality and number of applicants pretty fast. I've seen this in practice directly when we couldn't hire for certain roles, raised the range, filled the spots. On the other hand, to know that other companies are paying lower and still able to deliver roughly the same work is harder unless you know how much they are paying.
- skywhopper 2y agoSounds very illegal.
- flerchin 2y agoIt shouldn't be, and neither should The Work Number.
- dboreham 2y agoThis already existed for decades. It's called "Radford".
- shortrounddev2 2y agoSharing data about wages, I think, is not wage-fixing. Agreeing not to go higher than a particular wage is. What got RealPage into trouble was the fact that, in order to use the system, you HAD to use their algorithm for selecting rental prices. You entered into a legal agreement not to compete on the prices that RealPage provided.
- greenthrow 2y agoIANAL so i don't know the actual legality, but it certainly seems like it should be. Definitely immoral.
- HeyLaughingBoy 2y agoThe overwhelming question I have when reading these responses is "don't you guys read salary survey data when you're looking for a new job, or at annual review time?"
- amelius 2y agoBut then we're not sharing other people's personal information.
- Leherenn 2y agoIsn't levels.fyi or similar just the employee side of the coin?
- FactKnower69 2y agoSee if you can figure out the difference between volunteering anonymized data with the exact level of granularity you choose vs. having all of that data and more involuntarily collected and sold in secret as a consequence of merely participating in the system we are all coerced into if we don't want to be homeless
- deleted 2y ago[deleted]
- blast 2y agoAre they actually sharing personal information? From the OP it sounds like they're sharing aggregate data. (I've never heard of Pave.)
- nowyoudont 2y agoBut the salary data that’s available online to me as an employee is imperfect and extremely limited. This would be like if every employee of a major company sent their exact salary and demographic information to levels.fyi, which would never happen because it’s an insane sacrifice of privacy
- cess11 2y agoI'm not sure about the legal aspects in your jurisdiction but in many others it is common for unions to aggregate this information and there are usually companies that do this or hook into the books and compare what different companies are paying for services and material they use that then sell back information about whether they could cut costs.
- znpy 2y agoThe "funny" thing really is the fact that most company forbid you from discussing your wages with your coworkers, but this seems like an automated way for companies to discuss the salaries they pay with other companies.
- toolslive 2y ago> most companies forbid you from discussing your wages .... Yes, but this interdiction might not be legal. Companies typically add such clauses to achieve a chilling effect. (Ie, you abide because you fear running a risk if you don't). Consult your legal representative.
- KoftaBob 2y agoFrom a US perspective, if Pave existed in a market where salaries weren't transparent, I would say yes, it's veering into being an anti-competitive/wage-fixing tool. However, more and more states every year are introducing laws that require salary ranges on job listings. What that means is that Pave is basically just organizing the data that's already becoming public for job applicants and employers alike.
- evtothedev 2y agoFWIW, I believe that Pave works to raise engineering salaries. Every company wants to say, "We pay above the 50% mark", thereby steadily raising it over time.
- mydogcanpurr 2y agoFWIW, I believe RealPage works to lower rent. Every landlord wants to say, “We charge below the 50% mark”, thereby steadily lowering it over time.
- Fargren 2y ago> Every company wants to say, "We pay above the 50% mark" This is a true thing I've heard several company representatives say. > Every landlord wants to say, “We charge below the 50% mark” This is not a thing I have ever heard any landlord say.
- TheKarateKid 2y agoThat's the point. It was a sarcastic response to point out how ridiculous it sounds.
- blackeyeblitzar 2y agoYep all of these compensation intermediary are basically supporting illegal collusion
- mcculley 2y agoI found that salary data for some of my employees was being leaked and very accurately reported by a now defunct company called Paysa. We determined that the employees who had their data leaked had recently applied for mortgages and auto loans. Your bank could be selling your data.
- lulznews 2y agoAnything that keeps the code monkeys in line is legal.
- eximius 2y agoHm, sounds like the recent rent fixing collusion. Which was ruled illegal.
- a123b456c 2y agoNot a lawyer, but this document seems highly relevant. DOJ Withdraws “Safety Zones” for Information Sharing and Other Collaborations https://www.crowell.com/en/insights/client-alerts/doj-withdraws-safety-zones-for-information-sharing-and-other-collaborations https://www.crowell.com/en/insights/client-alerts/doj-withdr...
- w10-1 2y agoI hear the complaint but it's a bit of a trap to just seek protection. Yes, the law on point is permissive. That goes with the evolution of law. But assuming for the moment that we want not just avoid injury to ourselves but to create the world now and to come, what are we called to do? - What exactly do you, or employees, want in this situation? - What would Pave do if they wanted to take the high ground? Could that be a business differentiator? - What law could you write and enforce, to protect what interest, without also damaging other interests that are socially beneficial? I think the organizational evolution towards having loose laws with tightening enforcement, or tight laws with lax enforcement, give way too much latitude to policing/enforcement and create a corrupting political franchise of affected stakeholders taxed with managing regulators. My hope would be that internet-scalable transactions have similarly scalable regulatory solutions: dead-simple to detect and assess, finely-tuned to the balance of interests, and so patent as to be indisputable. Then people can get stuff done without dealing with the shadows and forces of ambiguity. Is something like that possible here? Could Pave be a champion of it?
- rossdavidh 2y agoSo, I'm sure the format and medium is different, but companies HR depts have been sharing notes and checking on what the market compensation is (for any given job and experience level) since forever. IANAL, but this is not a new thing. I've even known co-workers who said "I deserve more $$, I'm underpaid for my experience and job" and supervisor repeats this to HR, then HR checks on it, and a few days later says "true, here's a raise". This was in the 90's, btw. Not a new thing.
- bjornsing 2y ago> My question is, isn't this specifically anti-competitive wage fixing? This seems exactly like RealPage but for employee compensation. As far as I know, colluding on wages like this is illegal. As long as Pave just helps employers look backward in time so to speak I’m not sure I’d call it collusion. But if they enable some kind of coordination between future potential employers, then yes, maybe it is. In the RealPage case the coordination aspect consisted of providing a recommended rent for the property if I understand it correctly. I guess the equivalent for Pave would be if they gave a recommendation on what compensation to offer.
- ghaff 2y agoCompanies compare pricing all the time even if it doesn't involve smoke-filled rooms with execs doing tit-for-tat. You don't think your local grocery store knows what the other local chain is charging (or what they're paying their employees)?
- bjornsing 2y agoSure. And as I said there’s nothing illegal about that, as long as it’s about historical and current prices. But if your local grocer walks over to their competitor and has a conversation about what the prices (or salaries) should be tomorrow, then that’s illegal in many jurisdictions. The same rules should apply if they use software.
- ghaff 2y agoI don't actually know what the letter of the law is in US, much less other countries and depending on public sector vs. private. But, yeah, there's a lot of information sharing both direct and (often) indirect on existing and past pricing on at least the aggregate level and sometimes at a more specific level. As you say, the boundary is often about what pricing should be next year. But there's often a lot of nudge-nudge-wink-wink given good information about what prices and salaries are today.
- 2y ago
- gaivota 2y agoI've been hired to a startup that uses Pave - they mentioned that they paid at the 75% percentile, and my offer ended up being more competitive than others I was getting. I think that while obviously some companies can use this data to pay less, the more likely outcome is that they pay MORE. You forget that companies are competing with each other for talent, they are not in the business of colluding together. So if I can see that other companies are paying X, I am more inclined to pay X + Y
- zoogeny 2y agoThis sounds like levels.fyi for companies? As long as they are selling aggregate data and not data specific to an individual (e.g. for determining an offer for a particular person) it seems reasonable.
- deleted 2y ago[deleted]
- dyeje 2y agoThey provide benchmarks, before them was Radford. They’re just taking a tech-first approach of an age old product.
- tonymet 2y agoProbably not, but it doesn't matter until there is a complaint (lawsuit)
- JohnPrine 2y agoif y'all think that being in the dark about market wages is going to result in employers offering higher salaries then I don't know what to tell you
- laxk 2y agoThe funniest thing about all this is that everyone around knows about the employees’ salaries, except the employees themselves, and at the policy level it is often written that you do not have the right to disclose this information.
- dzonga 2y agoa lot of companies already do this - in the UK they call it benchmarking. they get data from companies they compete with for talent, from data-brockers i.e people who buy compensation data from companies. then set your pay based on what those companies are paying. collusion in another name if you ask me.
- silexia 2y agoAll tax data should be public. Then we would know exactly what everyone makes.
- downrightmike 2y agoApple and Google got sued and lost because they were colluding, strange to see that a YC would get into that business because discovery seems pretty much "let's see how you run" then the prosecutors can sue you out of existence
- junto 2y agoI assume that as a European our GDPR laws would make this highly illegal if it were operating inside the EU?
- danielfisher 2y ago[dead]
- linuxrebe1 2y agoThis could get interesting in light of recent changes to California law. A similar program designed to "normalize" rent. Is now illegal. Even the FTC has agreed that price fixing by algorithm is still price fixing. https://www.ftc.gov/business-guidance/blog/2024/03/price-fixing-algorithm-still-price-fixing https://www.ftc.gov/business-guidance/blog/2024/03/price-fix....
- danielfisher 2y ago[dead]
- slake 2y agoIsn't this just salary benchmarking. It's been happening for ages. As far as I know they submit the data anonymously with only your job title. so that companies can benchmark their pay ranges against others for the same role. It forces upward pressure on wages for some companies too.
- roydivision 2y agoI'm guessing that this practice is not possible in the European Union?
- Peroni 2y agoExtremely common practice.
- jldugger 2y agoSalary surveys are not new. Robert Half does this already, and has for decades. What RealPage does is sell a pricing algorithm using that data, which is the bit DoJ and Congress has an issue with.
- stuaxo 2y agoYep,this sounds like something that will be judged to be illegal once the right people see it.
- PROMISE_237 2y ago[dead]
- iamleppert 2y agoIf you've ever worked for a YC or Sequoia company, you're in a secret database with who you worked and how much you made that is accessible to other founders. The additional context is critical for startups to make competitive offers to startup employees. I don't see what the big deal is. If a worker is working at a company A making $80k, and they try to get a job a company B making $90k, the owner of company B needs to know they were only making $80k at their last firm, so they can make a good offer of $85k. $10k would be too much.
- cryptonym 2y ago> secret database > I don't see what the big deal is Pick one... If there is no big deal, why would they want to keep the database secret? Also, do you have any source on that?
- Manozco 2y agoI am not a Lawyer, or a US resident but I highly suspect this behavior is completely illegal in Europe (and rightfully so in my mind).
- tylervigen 2y ago> If a worker is working at a company A making $80k, and they try to get a job a company B making $90k, the owner of company B needs to know they were only making $80k at their last firm, so they can make a good offer of $85k. $10k would be too much. I disagree wholeheartedly with this.
- deleted 2y ago[deleted]
- erik_seaberg 2y agoIt doesn't really matter so much. Company B needs to know whether to beat an offer from company C for $95k or only $80k. Your salary history only affects employers that aren't trying to compete effectively, because what you made then isn't what you could make now. And the end of the ZIRP-driven shortage is telling us that what we used to make is not locked in forever.
- clampening 2y ago[flagged]
- anilof 2y agoYou're assuming that it would depress wages, which is not necessarily true. A more likely scenario is that such a thing can slightly depress wages in low-skill, low in-demand jobs but is more likely to slightly increase wages in high-skill, high in-demand jobs. Companies that are growing and want to be the best and are flush with cash will happily pay premium wages to premium employees based on salary data. Other companies won't. So that's the big difference between the two companies. The "collusion" doesn't necessarily cause lower wages, that's just a big assumption that some people are making. Whereas RealPage was specifically touting and actively encouraging increasing rents.
- William130 2y ago[dead]