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Ask HN: Why is Pave legal?

atrettel
57 replies
3h16m

I 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/

wing-_-nuts
49 replies
3h2m

I 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
30 replies
2h55m

Don't ever work in the public sector then. Your salary is public record, open to anyone who is curious enough to look.

hypeatei
23 replies
2h48m

I 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_
18 replies
2h29m

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.

Retric
7 replies
2h11m

Most companies request people not share pay information. Information asymmetry is a huge deal in negotiations.

vkou
2 replies
1h17m

They can request it, but can't stop you if you do.

You can also request them to do likewise, with similar recourse.

A request is nothing without teeth behind it.

klingoff
1 replies
58m

Teeth like employment at-will?

vkou
0 replies
1m

It's generally quite unlikely that sharing your salary is going to result in getting bitten by that. You'd need to do labour organization (or be completely surrounded by rats and snitches and other vermin at your workplace, who already have an axe to grind) to actually get blowback for this stuff.

Most of the taboo around it is cultural, because people here attach their self-worth to their paycheck.

You could also always do it anonymously or pseudonymously. You'd have almost no chances of retaliation in that case.

skyyler
1 replies
1h47m

And pot was illegal in the 70s.

jgalt212
0 replies
1h18m

It still is.

mcherm
0 replies
1h16m

But in the US, federal labor law makes it illegal for employers to prevent employees from sharing pay information (at least for employees who are entitled to unionize).

GTP
5 replies
2h8m

Well, if we're discussing whose data it is the information about how much I pay you, even from a devi's advocate perspective, you can't do better than arguing that this data pertains to both of us. So we should share the property of that data somehow. I don't see how you could argue that that data would be solely the employer's data.

hunter2_
4 replies
1h46m

If I administer a survey, collect responses, and put them into a spreadsheet, is the data in that spreadsheet not mine despite the fact that it consists of things that other people told me? I can't share it without the permission of those surveyed, assuming I didn't promise not to?

willcipriano
0 replies
1h25m

Technically sure, but the sort of people who live that way don't get invited out anywhere.

wavemode
0 replies
16m

A key distinction is that people need employment. People don't need to fill out surveys. That's why there are many things companies aren't allowed to require of their employees, that they are allowed to require of other parties.

So while, in many jurisdictions, it's fine for companies to sell data collected on their employees, and it could be argued that those employees consented to this data sharing by working there, one could also easily argue for an employee protection law that prevents companies from requiring their employees to consent to this.

GTP
0 replies
1h20m

It really depends on which kind of data you're collecting. If you're collecting health related data that is linkable to the people it pertains to, the GDPR would prevent you from sharing that data with third parties without one of the admissible legal basis, the most common of which is the consent of the people whose data you collected. In the case of health data, maybe even USA laws would prevent you from sharing it.

Edit: it is now some time since I studied the GDPR, so I'm actually unsure if, for healt-related data, it can be used any legal basis other than consent. The reason being that health, together with a few other categories, has special protections.

BobbyJo
0 replies
18m

These are answered questions. If you are talking about the raw data, you have to get the respondents to agree that their answers become your property (either implicitly or explicitly, there are rules around both), or no, you do not own the data in the spreadsheet.

samus
0 replies
47m

The employer requires this data to do payroll correctly. Apart from that, it sound only be used for expressly authorized purposes. But maybe that's a european GDPR-influenced way of seeing this issue.

mapt
0 replies
25m

In a market-first values system, where we rely on the labor market to largely self-regulate given the promises that free market idealogues & corporate actors made us, colluding on wages like this should lead to scorched-earth retribution from the FTC.

Not "Oh hey there, you're not allowed to do that, stop that", but "We are diluting your stock by a quarter and distributing it to your workers" type shit.

karaterobot
0 replies
3m

[delayed]

abeppu
0 replies
1h2m

... should companies be nervous about this also though? Is the decision for their payroll info to be visible to unknown buyers an intentional, well-considered one? Is this effectively leaking potentially strategically important info?

Like, I haven't seen this happen, but could a recruiting team buy the compensation data on staff at a competing firm, identify those that look like a good deal, and poach them starting with a "we'll offer you k% more than your current employer"?

Could market analysts use this data to notice when a company starts firing more people, or starts giving fewer/smaller raises? What if the next time your company showed up in a Gartner or Forrester report, it came along with a caveat "however given decreased investment in staff, their pace of product development or quality of client services may be at risk."

wing-_-nuts
2 replies
2h31m

Yeah I used to work for the navy. Pay was standardized under the GS pay schedule and anybody could have looked that up. I was fine with that.

In the private sector, your comp is determined by a negotiation undermined by an asymmetric information disparity. HR at a hiring company has way more information around market comp as it is without having your exact current comp when they make an offer.

What I find particularly egregious about this is that management at this company had admonished me that my comp was 'confidential' and that I shouldn't discuss it, while simultaneously selling it to equifax.

samus
0 replies
42m

There are countries (Sweden IIRC) where the salary record is public, probably to eliminate this information asymmetry.

SoftTalker
0 replies
2h0m

Some jobs fall under this "public sector" transparency but work much more like a private employer when it comes to salary negotiation. For example a state university recruits staff and negotiates compensation much like a private employer (no equity options of course) but your salary will be public if you are hired.

tptacek
0 replies
20m

Why would that be a widely understood part of the job description? Almost every American teacher, firefighter, planner, street engineer, health inspector, police officer, train conductor, bus driver, along with the managers, office administrative staff, janitors, and groundskeepers that support those activities are public sector employees. What do they have in common that would suggest they deserve less privacy than you do?

Most of these jobs are not special or meaningfully "public". They're just normal jobs for firms that happen to be public bodies. I don't think it's at all obvious that people are knowingly and deliberately making these tradeoffs by working there.

zdp7
1 replies
45m

The information available via the public record is not as detailed (typically annual salary)and not definitively tied to any person. The Work Number is tied to your SSN and is much more detailed than the public record (each paycheck and a breakdown of different compensation).

gperkins978
0 replies
38m

In the US, most municipalities will publish each employee's compensation every year. You can literally look them up by name.

gperkins978
1 replies
40m

Public servants do not make enough money to be useful targets. The meaningful threat comes from large compensation tied to other asset information (tying an online person to that income, not difficult). You can buy lists of these already tied up and ready to download for your scheming pleasure. From English Rolex robbers to Florida kidnappers, they all enjoy the data.

I do not think it can be stopped, but the days when a wealthy person could safely live in a suburb and have the kids imagine that they are middle class is long gone. It is terrifying. The best thing for a wealthy discrete person to do is move to Singapore or Australia, or somewhere with a sufficiently low crime rate to feel comfortable, or get quality security, which sucks.

fragmede
0 replies
19m

The security minded can move to a gated community, which are all over the place and have existed for a very long time, and don't require moving to Singapore or Australia to live in one.

admissionsguy
1 replies
2h38m

or live in Sweden (where your earnings as well as your address and property, car or pet ownership are public record)

f1shy
0 replies
1h47m

I’ve read about that. Is ipen to ANYbody? Is there a link?

Thanks

iav
14 replies
1h56m

I am an investor in equifax. Let me clear up a misconception on where the data comes from. Half the data comes from large enterprise customers, who “sell” the data in exchange for Equifax doing I-9 verification for free. The other half comes from 39 payroll companies. Every single payroll company except for Rippling and Gusto sell paystub data to Euifax. (Rippling will start next year). Those are exclusive revenue share deals. You cannot be a competitive payroll provider without the revenue share from Equifax. So before you blame your employer, they might not be selling it directly and even if they opted out, your payroll company will sell it anyway.

dsr_
11 replies
1h37m

You make an excellent argument here for tight regulation of the industry.

Kon-Peki
10 replies
1h30m

… and the usage?

Most highly-paid people have no idea how much privilege this affords them.

You wonder why so many businesses are nice to you? It’s because they’ve already looked you up and know you’ve got a high income and are a millionaire.

Write a personal check for your next automobile? Sure thing, you can drive it off the lot a few minutes later. They won’t even bother cashing the check for a week or two.

Try doing something like that as an hourly worker, even if you’ve got the money in the bank.

wing-_-nuts
1 replies
47m

No thank you. I value my privacy and my negotiating ability more than I value a 'service' I didn't even ask for.

Kon-Peki
0 replies
34m

Nobody asked for it. But it’s part of the world we live in. And we’re all walking around oblivious to the advantages and disadvantages it gives us.

oblio
1 replies
22m

Write a personal check for your next automobile?

Personal check? What year is this?!? :-)

duderific
0 replies
12m

I did this for my recent automobile purchase. It's very convenient from my perspective to simply write a check and hand it to them.

fragmede
1 replies
1h18m

Personal check? You can buy a car in full with a credit card if you pass the vibe check.

MichaelZuo
0 replies
58m

A personal check is much less secure because it’s not linked up to the network anti fraud systems.

tourmalinetaco
0 replies
33m

That sounds like the most unappealing exchange imaginable. Yes, let me lose both bargaining power with new jobs while simultaneously painting a target on my back, all in exchange for companies being more willing to take my money.

gperkins978
0 replies
47m

This is also why certain homes get hit in high-end burglary crews. There are multiple crews hitting those who purchase precious metals with physical delivery (like gold American Eagle coins). It is not all positive. Considering how few victims even bother to report such crimes, it is terrifying.

From what I understand from my cousin, a career criminal, there are entire theft rings working off of databases such as these. He knew mostly of car-related theft rings, but I hear about safe-cracking burglaries quite often, usually stealing Rolex watches or precious metals.

dsr_
0 replies
1h19m

This is the view from a bubble I am not familiar with, and really don't care about.

Guvante
0 replies
1h20m

The finance companies are nice enough that it doesn't really matter.

Bought mine with cash but realized it was Sunday and I didn't have a way to get a cashier's check from a savings account.

They offered to put the down payment on a credit card and finance. Paid it off once I had access to the account.

Ended up being a wash, the points were worth a little more than the percentage charge.

Arelius
1 replies
1h31m

Do you have a sense of why, according to you Gusto will remain the only company that doesn't sell payroll data to Equifax?

jnwatson
0 replies
51m

Gusto is still pre-revenue?

uriah
2 replies
1h5m

Many if not most companies outsource employment verification to The Work Number. When you get a new job, a frozen report will complicate your background check.

They don't give out salary info in employment checks though. AFAIK they require your explicit permission except for government agencies who use it to verify your eligibility for benefits. I would be surprised if they are not selling aggregate salary data though

wing-_-nuts
1 replies
43m

If they want my info, they can ask me. I would rather them not have this info before an offer is made.

uriah
0 replies
35m

That's normally how it goes. At least, I've always had the background check happen after an offer is signed. It's usually a separate company and they just report back whether your job titles/employment dates match your resume

Panini_Jones
1 replies
2h42m

As a datapoint for how I've seen this used in the real world, I've spoken to startups who will defer to Pave regarding how much they'll offer to pay. The startup I spoke to said 'We pay you the 85th percentile for your YOE and role based on Pave data'.

nsxwolf
0 replies
1h41m

Then I want 99th.

no_wizard
0 replies
36m

These services feel not dissimilar to the Realpagr case that is ongoing now with rent price fixing.

How does this ultimately not end up having a depressing impact on salaries?

jnwatson
0 replies
52m

I froze the report, and I also told my employer not to report anything to Equifax (which luckily my employer allows).

This made getting approved for a mortgage more difficult. These days, loan officers just expect to be able to hit a button and get all your info.

We're losing the privacy battle.

idbehold
0 replies
21m

The freeze is mostly ineffective for when you actually want it to work. From what I remember (even for the credit freezes) is that if you provide written consent to, say, a background check, then that overrides your freeze. So if you're applying for a job (basically the major instance where you'd want your salary information private) they're going to ask for your consent to do a background check and bingo they'll know how much money you make.

IMO this type of information should be illegal to sell or request.

blackeyeblitzar
0 replies
1h25m

Pave is a company that has been snapping up other existing companies that performed this kind of aggregation of compensation data. Basically companies look at this benchmarking data to figure out what they should pay for different jobs and levels. Just some extent companies genuinely need this kind of data to figure out what to do. But I also think it breaks supply and demand. Companies are not discovering price of labor but just using each other’s signals to decide what to pay collectively

https://www.pave.com/blog-posts/announcing-paves-series-c-an...

abhisharma2
0 replies
2h23m

In case folks want to quickly know how to start a freeze, heres the info from the website:

To communicate a freeze request, send an email to the address below requesting a Freeze Placement Form: TWNFreeze@equifax.com

failuser
47 replies
3h45m

Uber 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.

yonran
19 replies
3h28m

Ironically for a question about antitrust price fixing you just named two incumbent government-sanctioned cartels (zoning and taxi medallions) that restrict supply and keep prices high. They would be illegal if private companies made them.

fwip
6 replies
3h2m

Many things a government does would be illegal if private companies did them. For example, prison, the draft, and taxes. The government is allowed to do it because we (as a society) believe it's better for the government to do these things than private individuals or companies.

yonran
4 replies
2h42m

Can you give examples of the topic at hand, price fixing, that are justified? There are a handful of progressive forms of price fixing (e.g. minimum wage laws), but many others should be added to the Niskanen Center’s list of bad regulations in the Captured Economy.

__loam
3 replies
2h30m

Utilities that trend towards natural monopolies due to high barriers to entry like water and electricity infrastructure are often run by the government or heavily regulated because pricing would be extortionate if the market were allowed to set prices.

keerthiko
1 replies
1h22m

Yep, basic human rights are priceless, and by capitalist mechanics, their pricing will always converge at "how much can we get away with in the current economy?" Government oversight is the only way we currently have to manage this somewhat.

As an example in support of this, healthcare is barely price-regulated and hardly run by the government in America, and is thus extortionate.

yonran
0 replies
38m

As an example in support of this, healthcare is barely price-regulated and hardly run by the government in America, and is thus extortionate.

They are supply-regulated by governments. According to Niskanen Center, the high cost of health care is due to the American Medical Association limiting new accredited medical schools and certificate-of-need laws limiting new hospitals. https://www.niskanencenter.org/faster_fairer/liberating_the_...

yonran
0 replies
56m

Fair enough, utility regulations fix prices except in the opposite direction. Without zoning, landowners could not act as a cartel since that would violate antitrust laws, whereas without utility regulation, a natural monopoly could set prices as high as the market will bear.

rrrix1
0 replies
2h46m

You have heard of the Prison Indistrial Complex right? Our Prisons have been For-Profit for a long time now. Totally legal, government sanctioned privatized penitentiaries.

jmward01
4 replies
2h43m

They would be illegal if private companies made them.

A lot of things governments do would be illegal if private companies did them. Are you arguing that governments shouldn't have special abilities that companies can't have? Should every road be owned by a company? Should the police report to Amazon instead of the local municipality where you may actually have a say in how they are run?

We give governments additional powers because they, at least nominally, answer to citizens and society. Companies have no such responsibility.

yonran
3 replies
2h23m

I’m saying that government regulations that fix prices should be scrutinized and repealed if they reduce opportunity for ordinary people. Such as zoning codes that price out the poor.

keerthiko
2 replies
1h28m

I believe the argument here is that the way to do that isn't by establishing a private business that flaunts and undermines those government regulations, but by changing the policies through government process.

Obviously that's easier said than done, and SV has a track record of "ask forgiveness not permission" as a successful tactic for effecting policy change. But many times it results in indefinite undermining of government which leads to selective enforcement and cartels, which is worthy of criticism (of both government and VC-powered undermining of government).

ascagnel_
1 replies
1h0m

I believe the argument here is that the way to do that isn't by establishing a private business that flaunts and undermines those government regulations, but by changing the policies through government process.

And to make those who interfaced with the prior system in good faith whole again; eg: drivers who bought taxi medallions for six figures USD, only to have the value of the medallion plummet with the arrive of "rideshare" services.

yonran
0 replies
17m

To make beneficiaries whole is perhaps the worst reason to keep a monopolistic system. In the case of taxi medallions in San Francisco, they are technically still owned by the city and the medallion should never have had any private value to begin with; Mayor Gavin Newsom should have leased them to the drivers instead of creating a $250,000 transfer program to give windfalls to retirees. In the case of zoning, ideally we would tax much of the land rent to reduce the incentive to exclude and increase the incentive to create capital. The value of a government-created monopoly should not be anyone’s ticket to retirement.

digging
2 replies
3h5m

They would be illegal if private companies made them.

Yes, that's kind of the main difference between government functions and private companies. Are you saying the very idea of zoning strikes you as a problem? Or are you trying to call out the bad implementations which strangle urban prosperity in the US?

yonran
0 replies
2h46m

Yes, that's kind of the main difference between government functions and private companies

Perhaps that should change. Or at least it’s a reason to scrutinize and repeal laws that are used for price fixing.

Are you saying the very idea of zoning strikes you as a problem? Or are you trying to call out the bad implementations which strangle urban prosperity in the US?

Zoning Rules! by William Fischel gives good a history of zoning. Zoning was originally for segregation within the city but to the question of prices, no it was not inherently problematic. It was not until the 1970s that zoning was used for growth control to make entire cities unaffordable.

BeFlatXIII
0 replies
2h32m

Unless it's pollution-based zoning, I agree that the idea of zoning is a problem.

swatcoder
1 replies
2h33m

That's not ironic. Governments and private companies are not the same kind of entities. They have different roles, different roots of legitimacy, different forms of accountability, different operational objectives, and carry different expectations.

yonran
0 replies
1h47m

It’s ironic that in response to a question about price fixing, failuser brought up other companies that were formed to circumvent government price fixing, and in his examples the governments doing the price fixing were supposedly the good guys!

In the case of Uber, they successfully broke up the taxi cartel since the state PUC ruled that ride hail is a separate category.

In the case of Airbnb, according to their founding story they were created to help economize on space because rents were high in San Francisco due to zoning. Although they made a useful service, they did not succeed in reducing rents because the underlying zoning is still the constraint that keeps rents high.

ein0p
1 replies
1h4m

Zoning, ok, but yellow cabs are now often cheaper than Uber. Last time I took a ride from the airport the difference was not small, like 50%.

asdasdsddd
0 replies
42m

compete or die

darby_nine
4 replies
2h58m

Hell you could write off all of web3 with that sentence

naikrovek
2 replies
2h35m

because web3 was a smuggling/laundering operation and those are illegal. basically, all cryptocurrency activity is immediately a suspicious activity.

bitcoin_anon
1 replies
42m

Reminder that until recently, most cannabis patients relied on smugglers to treat their illnesses.

tourmalinetaco
0 replies
30m

Reminder that a minority of cases does not justify smuggling for recreational use.

timdiggerm
0 replies
1h1m

You say that like writing them off would be a bad thing

oldgregg
3 replies
1h58m

Anyone else remember when HackerNews had an adventurous libertarian ethos before the school marms infested the place with irrelevant and low vibrational commentary?

consteval
1 replies
1h11m

adventurous libertarian ethos

Libertarian is when smuggle drugs and oppress the working class through secret surveillance

When people say that libertarians are just right-wingers kidding themselves, I think they mean this kind of stuff. I don't think it's in a "libertarian ethos" to do wildly unethical and immoral things on a large scale, with the intention of exploiting people for profit.

If that actually is libertarian ethos, then it sucks.

gperkins978
0 replies
33m

No, it is simply an idea to live and let live. Sane people escape California or New York where one must be insanely wealthy to live a decent life. In most of the US, you can do your thing and no one will bother you. Most hellishly expensive places would become affordable and fun if they implemented Texas-style zoning.

Now, obnoxious white people in Silicon Valley would be upset that multifamily housing had allowed displeasing minorities in, but man would that make life better for everyone. I lived in East Asia, and it is really nice when cities are not too expensive for regular people to live in. Furthermore, I have no sympathy for rich @holes who complain about losing their expensive view.

Freedom helps all, but especially the poor. The leftists have tricked people in California and NYC into thinking the system fails the poor, when in reality it is their stupid regulations that made these places expensive.

romwell
0 replies
36m

Anyone else remember when HackerNews had an adventurous libertarian ethos before the school marms infested the place with irrelevant and low vibrational commentary?

Boy will you not like the "high vibrational" commentary people would have for that adventurous™ libertarianism©* of yours.

The "medium vibrational" ones merely wish its pursuers behind bars, the more energetic ones are discussing optimal guillotine blade shape profiles.

* * * * * * *

Question to you.

Would a startup that maintains a public database of names, addresses, and approximate locations of people with net worth over $1B be libertariously adventurous enough by your standards?

You know, like Page, but crowdsourced, and with wage workers as the users (not as product). Purely opt-in. Give it a higher-energy vibe name, like, say, 'rage (as in "average" - for the average people).

Anyone who sees Elon Musk could anonymously report his location to 'rage, giving wage workers an option to avoid providing services to him - just like Pave gives employers an option to avoid getting services from undesirable workers.

Are you a pastry seller who'd rather call in sick the day Peter Thiel or his buddy JD Vance are in town again? Get 'rage, and avoid the awkward interaction.

Anyone who gets a wind of someone fitting the wealth profile will have an option to anonymously contribute this data to 'rage's Wealth Accumulator Registry (Rage WAR™).

They may be breaking their NDA's while doing so, but that won't be 'rage's problem, of course. 'rage will not be in the business of policing individual actions and limiting users' personal freedoms.

The user identity will be e2e encrypted, guaranteeing anonymity. It will be impossible to prove that someone has a 'rage account against their will, or find out they have one.

The app, however, will also allow users to confirm that they have a 'rage account if they choose to do so. This way, wage workers who are concerned about their peers could ask them to privately confirm their account status and contribution karma to avoid sharing a workplace with a scab.

Registration will require entering your own personal wealth data into 'rage WAR™.

While tax returns can be faked, someone uploading a copy of their W-2 paystub will practically ensure that one does not fit the target wealth profile for the B-status.

Those could be faked too, of course - and one could see large employers not wanting to collaborate with 'rage for whatever reasons.

That's exactly where startups like Pave come into play to verify the correctness of the data.

'rage and Pave would not only complement each other in the financial data ecosystem, they would form a natural symbiosis, giving wage workers incentives to ask their employers to use Pave. As for Pave, 'rage would merely be one of its clients, consuming W-2 data just like everyone else.

I hope you will find this proposal sufficiently adventurous and relevant; and I would love to hear your thoughts on this matter.

calgoo
0 replies
3h7m

Looks like they are still active!

8organicbits
0 replies
1h51m

Their website is "backpack bang"? What a strange name, the last thing I want is for my backpack to "bang" when moving unknown goods across international borders!

Havoc
11 replies
3h34m

Eric 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
5 replies
3h3m

Which 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.

consteval
1 replies
1h9m

Uber is objectively worse for every single party involved. Driver makes less, customer pays more, Uber has to coordinate a huge system.

Uber "won" because they cheated. They operated at a loss for almost 15 years, on the welfare of investors. Guess what, mom and pop running a taxi can't live on a negative wage.

cellis
0 replies
59m

Uber is objectively worse for every single party involved.

Wrong on at least one count. I've never been refused service while black from Uber. The taxi industry was brought out of the dark ages of discrimination by Uber et al. Taxis (around the world) have tried to rip me off almost half the time I've used them, with no accountability.

Havoc
1 replies
2h39m

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
0 replies
1h38m

As 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.

talldatethrow
0 replies
2h22m

Totally. I propose we start a brothelBnB next door to your home. Home owner wins, customer wins, worker wins, startup wins! Score! Market has spoken!

I also recommend HoboSleepinCar Driveway as a service next to your home. The consumer has spoken!

lisnake
2 replies
2h25m

Didn't work for Elizabeth Holmes

rodiger
1 replies
2h16m

There's a difference between "doing an illegal thing as a product" and "lying to investors about your product"

papercrane
0 replies
2h6m

This is true, although it's also true that many startups lie to, or mislead, investors about the state of their products. If things work out, then the investors don't care, and if they don't its usually at scale and messy enough the government isn't going to prosecute.

SoftTalker
0 replies
2h53m

Also in these "gig" type companies, the people who are actually breaking the laws are the workers, e.g. the drivers or the homeowners in the case of Uber and AirBnB. The startup is the enabler, yes, but they will try to throw their workers under the bus before they take responsibility themselves. They don't own the cars, they don't own the properties, and they are most likely in a far-away jurisdiction.

whimsicalism
0 replies
1h55m

uber: mostly not technically because the key thing is that they are not soliciting rides from the street, was my understanding.

airbnb had a much more legally tenuous start

insane_dreamer
0 replies
56m

essentially illegal taxi and illegal hotel services

I don't know about Uber, but Airbnb deflects this by saying they are not in fact a hotel service. Rather hosts are hotel services, and Airbnb is simply a discovery platform matching buyers and sellers. It's up to an individual host to make sure they are complying with local laws including whether their city or district allows an individual to rent out their house or a room in it without a hotel license (this varies from city to city). In this way Airbnb (fairly or unfairly) pushes the burden and liability onto the hosts.

I believe this is also a huge reason why Uber doesn't want to classify drivers as employees because then it is the taxi service, whereas it could argue that the drivers are each operating their own taxi service and Uber is just a discovery and payment platform.

Manuel_D
0 replies
58m

Taxi medallions were (and AFAIK still are) required to respond to people hailing a taxi from the street. It is not required to book a ride via phone or internet. Uber and Lyft drivers never needed taxi medallions.

mcntsh
30 replies
7h30m

Wage 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.

chipgap98
14 replies
7h14m

Stochastic wage fixing is still wage fixing

econcon
10 replies
7h8m

unless you collude with other companies, doesn't seem like it is.

theGnuMe
6 replies
6h40m

unless disclosed to employees and applicants this seems like de facto colluding.

I always ask myself, as to the legality or ethics, would this survive review by a jury of my peers...

fastball
5 replies
4h6m

You think it is more ethical for wage data to be kept secret? Why? Rarely is requiring secrecy the more ethical option.

cryptonym
3 replies
3h40m

What would be the least ethical would be keeping it secret to one party and having the other party sharing data... Oh wait!

HeyLaughingBoy
2 replies
2h39m

Glassdoor exists.

simion314
1 replies
1h52m

Glassdoor exists.

you are not allowed to tell anyone how much you make so you might be in trouble if your found out but the companies share this info without your consent. From my POV make it all transparent.

HeyLaughingBoy
0 replies
18m

I have had a career spanning over 30 years at this point. I've worked in businesses with 6 employees and F500 corporations. No one has ever told me that I can't tell anyone else how much I make.

theGnuMe
0 replies
1h13m

I never said that.

willseth
2 replies
4h5m

That is the entire basis for the RealPage lawsuit. The point is that if the effect on pricing is indistinguishable from price fixing, it doesn't matter if the act of colluding is abstracted into and laundered through a 3rd party with an algorithmic system responsible for setting prices.

ambicapter
1 replies
3h14m

Honestly, I think it does still matter. The basis for the RealPage lawsuit seems to be that people inside and outside the company glibly considered it price-fixing, and said it out loud to each other. The didn't really seem to make the case that it was "algorithmic price-fixing" (Disclaimer: not a lawyer). You can only argue in court about existing laws, so until algorithmic price-fixing is written in the law books (or settled case law) you're gonna have a tough time bringing that up to a judge.

willseth
0 replies
2h48m

It seems you don't understand the lawsuit. Most of the claims are based on the actual mechanics of how algorithmic price fixing does violate existing laws.

sameoldtune
2 replies
7h12m

Your honor, the algorithm made me do it!

jskrablin
0 replies
7h2m

ChatGPT did it!

nowyoudont
11 replies
7h27m

I'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.

aikinai
5 replies
7h15m

If 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
2 replies
6h51m

Yeah, it seems more like they'd all shoot for 45th percentile and say "We pay competitive wages" instead, slowly driving the wages down.

throwway120385
1 replies
4h4m

That'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.

hobs
0 replies
3h42m

That's... hilarious. We all know they are thinking that but to say it loudly and proudly to the employees is a self own on a level that makes me Cheshire Cat.

michaelt
0 replies
6h36m

There's also a more cynical explanation.

It's possible the purpose of wage benchmarking companies is to allow bosses to say they pay the 95th percentile - which is useful to be able to say, when someone at an all-hands Q&A asks about raises and bonuses.

Then the benchmarking company simply has to define 'comparable roles' broadly enough to give the customer the result they want.

itronitron
0 replies
3h35m

Not necessarily, if everyone's wages (except 5%) were set at minimum wage then the 95th percentile would be the minimum wage.

mcntsh
1 replies
7h13m

If you opened up a business selling water bottles, you'd probably check what price water sells at across brands, then decide in which segment to price it.

"I want to sell my water at the upper end and market it as a gourmet brand"

drw85
0 replies
3h36m

But in this case you're not selling, you're buying.

vishnugupta
0 replies
7h17m

That’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?

tensor
0 replies
3h16m

I think some basic math knowledge would help more, if every company paid at the 95th percentile then it wouldn't be the 95th percentile, it would in fact be the average. But no, these distributions are not flat like that, there is a large spread and "by definition" of the 95th percentile only a few companies pay at that rate.

dctoedt
0 replies
7h3m

If every company takes this data and is like "we want to pay at the 95th percentile"

It's thought by some that this is how CEO compensation has gone up so much: Corporate boards of directors have compensation committees, which are fed survey data about comp ranges; a comp committee will say, "We want our CEO's comp to be in the top quartile" — which, as time goes on, leads to an inexorable upward ratchet effect.

the_mitsuhiko
0 replies
7h13m

Wage fixing is when multiple companies agree to set wages at a certain amount.

I am not an expert on wage fixing laws in the US, but I came across a class action on wage fixing a few days ago (Ron Brown et al v JBS USA Food Company et al) where part of what was aledged was the illegal exchange of salary data via surveys [1].

The Red Meat Industry Compensation Survey conducted by WMS on behalf of the Defendant Processors violated the Safe Harbor Guidelines in at least three ways. First, the Defendant Processors, not WMS, collectively managed and controlled the annual Red Meat Industry Compensation Surveys. Second, those Surveys often contained information about the Defendant Processors’ future compensation plans and practices. Third, Defendant Processors had extensive discussions about the Survey results, including at in-person meetings, during which they disclosed their respective compensation rates, practices, and plans

[1]: https://www.classaction.org/media/brown-et-al-v-jbs-usa-food...

neilv
0 replies
23m

Company A can use the compensation data from Company B to try and compete better for talent.

Company A could make offers and negotiate with prospective hires based on the value they can get out of the hire. Rather than secretly leverage surveillance capitalism against the prospective hire, to base their offer on what the person is currently making (and, hey, if lots of employers do that by convention, you pretty much have collusion).

Suppafly
0 replies
3h9m

Company A can use the compensation data from Company B to try and compete better for talent.

My company has done this in the past sorta indirectly, we were losing a lot of people to competitors and data like this is how they justified paying a bunch of us better so we wouldn't leave. I agree that it could be used to fix wages, but companies will always have to pay their best talent more if they want to retain them, whether that means paying them above what the data says or if it means inventing new job titles for them to progress into.

tazu
11 replies
7h8m

Pave is a YC-backed startup

This thread is getting removed from the front-page in 3... 2...

hysan
5 replies
6h34m

I thought this was a joke comment but I went back after reading the comments and it’s now on the second page already.

tazu
4 replies
6h28m

It was at #3 for me and then suddenly demoted to the second page. It's pretty common for these touchy-YC threads.

maeil
2 replies
6h20m

Page 3 now.

mitchbob
1 replies
5h41m

211 points in an hour, and now page 4.

PawgerZ
0 replies
4h40m

#10 on the front page now

benterix
3 replies
6h53m

I really, really hope they don't.

hoseja
2 replies
6h51m

Aaaaand it's gone.

benterix
1 replies
6h21m

This makes me sad.

@dang, can you comment on that? I appreciate your integrity.

dang
0 replies
4h27m

We 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.

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.

dang
0 replies
4h26m

I understand why people assume we do that, but actually we do the opposite—that is, we moderate less when YC or a YC startup is part of a story. There is plenty of past explanation at https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu....

Note: we still moderate such threads. We just do it less than we otherwise would.

billjings
9 replies
2h53m

As 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
7 replies
2h29m

What's the point of getting this data if it's not to pay less money? What is the value add?

danielmarkbruce
4 replies
2h25m

To pay more money.

Retric
3 replies
2h8m

The limit on pay is the amount of money they can budget to the position not what other people are paying.

danielmarkbruce
2 replies
1h48m

And 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
1 replies
1h42m

You’re thinking of the actual budget for a position not what a company could in theory budget.

A small businesses owner who pays themselves whatever is left over after expenses doesn’t care about what other companies pay, the company only has so much money. Apple could increase salaries up to the point where they make zero profit, but the goal is profit maximization not salary maximization.

It’s fundamentally the attempt to limit salaries that causes companies to look at the overall market.

danielmarkbruce
0 replies
12m

Small business owners aren't the target market and are likely to not use such a product.

Hiring well is hard - it's not super obvious if you aren't paying enough or your company isn't desirable or what else is the cause of not seeing good candidates. While in theory you could solve that by wildly overpaying, in practice you have to be able to justify your decision to higher ups in most cases, and pointing to a tool that shows what you really need to pay to get good people can be very helpful. I still find it gross, but, there are practical situations where it will drive salaries higher.

kstrauser
0 replies
1h3m

I routinely get emails like "we'd like to hire you as our CTO, and because we just got a bunch of VC money, we're prepared to offer you a generous comp package of up to $90,000 salary plus .05% equity! Must be onsite in San Francisco."

If they were aware of market rates, they could avoid making potential candidates laugh at them.

dmattia
0 replies
2h15m

It's almost certainly for the companies to pay less money, but with a more generous reading, I think it could be argued that that doesn't necessarily have to come out of employee salaries. That data could be used to:

- Set reasonable ranges to find the right candidates they are looking for faster and minimize hiring friction

- Standardize payment levels in a way that reduces legal liability in certain states like Colorado/California. Or the most generous reading of "reduces legal liability" would be "promoting fairness".

- Reduce the time spent by HR/other teams of negotiating or setting salaries, as they can simply target some target like "we want to pay more than 60% of companies like us"

- For budgeting/forecasting with new hires, this allows companies to have more confidence in their estimates as they plan hiring.

- Some companies now offer calculators even before you're hired with what your salary/compensation might look like, such as https://posthog.com/handbook/people/compensation

But yes, overall I do believe that most companies also expect a general reduction in salaries when they use these tools.

ars
0 replies
1h43m

Yah, that's the main difference: RealPage pressured landlords (i.e. tracked then) if they did not raise rents based on its recommendations.

If they had limited themselves to simply reporting the numbers, and letting landlords make their own decisions they would probably be legal.

swampthing
8 replies
2h47m

I 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.

vasco
1 replies
2h41m

A 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.

swampthing
0 replies
1h43m

I have to disagree. If you're not getting quality applicants, how do you know if that's because of your salary range, the default applicant pool, or something idiosyncratic to your company?

If you're a new startup founder, you don't always have a good sense of what the default applicant pool should look like. You might have a sense of what quality looks like but how would you know without recruiting experience what the mix of quality to non-quality applicants is supposed to be? There are many reasons why you might not be getting the number of quality applicants you want, and compensation is just one of them. Salary benchmarking data helps eliminate that as a possible cause.

stray
1 replies
2h45m

Obviously, this sort of information would always be used for good.

swampthing
0 replies
1h39m

Because information has to be used for good or bad and never both?

dan_quixote
1 replies
1h53m

I think it's a pretty safe assumption that a company paying to gain information that gives them an advantage in negotiation isn't going to freely give up that advantage.

swampthing
0 replies
1h30m

You're assuming that the only reason to pay for Pave is to get a negotiation advantage. My point is that there are other reasons, for example, to make sure that you're not below market.

MathMonkeyMan
1 replies
2h44m

I'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
0 replies
1h32m

I 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.

numlocked
7 replies
7h34m

I 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
3 replies
7h31m

RealPage also gave recommendations. Giving a salary range seems like the same thing.

cscurmudgeon
2 replies
4h17m

By this logic, employees who share their salary publicly also contribute to wage fixing.

Nevermark
1 replies
3h13m

If it’s public there is no information asymmetry. There is no fixing.

cscurmudgeon
0 replies
1h42m

How?

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?

cryptonym
0 replies
3h38m

The whole point of getting such data is to ... fix wages.

beeboobaa3
0 replies
7h30m

Do you actually believe they will be doing this?

InsideOutSanta
0 replies
7h11m

"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.

zelphirkalt
5 replies
6h46m

Well, 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
2 replies
6h39m

Genuine 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
0 replies
5h0m

That'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
0 replies
4h11m

If they cannot fill positions or are shedding talent.

smabie
0 replies
23m

If you're truly underpaid for your experience and location then you should be able to get a new higher paying job easily. And if you can't easily get one well maybe you aren't underpaid.

AlchemistCamp
0 replies
1h38m

What stops senior devs in Germany from remote contracting for foreign companies that pay better?

zulban
0 replies
7h11m

Reading 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.

vishnugupta
0 replies
7h22m

This was the exact thing that popped into my mind when I read the poster’s description.

mhx1138
0 replies
5h42m

Soon you need to waive your class-action rights when applying for a job.

carterschonwald
0 replies
7h18m

Real pages is such a gross business

blast
0 replies
4h24m

The OP specifically mentions that.

elawler24
5 replies
6h47m

I 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
1 replies
6h28m

The market might be more transparent for the people who have access to pave, but for those who dont, the information asymmetry becomes worse.

vundercind
0 replies
3h43m

Ding ding ding. Improving information for only the already-more-powerful side of such an asymmetric relationship doesn’t help the weaker side.

bjourne
1 replies
4h13m

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
0 replies
3h57m

I'm sure he means transparency in the market where employers are competing with each other, not the market where individual employees are choosing employers

With a few exceptions, I've found that companies that talk about transparency are transparent with everything but employee salary

HeyLaughingBoy
0 replies
2h37m

HR will make it seem like a rule, but if you do spectacular work - you can always negotiate.

Every single developer should take this to heart. The phrase I once used at the end of an annual review was, "you can't give me a review like that but a raise like this!"

Yes, my manager had to get permission to give me the % increase I wanted, but it was to his benefit to do it since he wanted me to stay.

october8140
4 replies
7h34m

It’s new so the government hasn’t caught on yet. They probably also need a larger market share to be considered fixing.

tensor
1 replies
3h19m

No, 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
0 replies
2h38m

I 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.

kasey_junk
1 replies
7h12m

ADP 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
0 replies
3h59m

Experian also sells a similar product

jiripospisil
4 replies
7h29m

Huh, 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

grues-dinner
2 replies
7h14m

That 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
0 replies
6h52m

It seems like the term Wharton graduates is now a wart on graduates' resumes.

FooBarBizBazz
0 replies
6h41m

There's an unfortunate lack of fear.

yonran
3 replies
3h31m

The FTC Guidelines for Collaborations Among Competitors 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
1 replies
2h39m

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
0 replies
11m

Op mentioned realpage, which is the company that does rent fixing as a service (RFAAS)

uoaei
0 replies
2h21m

How sure are you that the incentives in place don't encourage inching toward this behavior as they begin to establish themselves?

napolux
2 replies
3h33m

I 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) :)

eightysixfour
0 replies
3h23m

Realpage does the same thing with rental market data but they are clearly at risk.

altdataseller
0 replies
3h27m

"data are aggregated anonymously".. that's what almost every data broker with a security breach also said at one point in the past.

grayfaced
2 replies
3h47m

Hate 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
1 replies
3h24m

No, 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
0 replies
3h0m

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.

estebandalelr
2 replies
7h27m

My 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.

the_mitsuhiko
0 replies
7h11m

Pave'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.

gwervc
0 replies
7h21m

Job listings is very different kind of data than compensation actually paid to employees.

HeyLaughingBoy
2 replies
2h21m

The 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
1 replies
2h19m

But then we're not sharing other people's personal information.

Leherenn
0 replies
2h2m

Isn't levels.fyi or similar just the employee side of the coin?

znpy
1 replies
2h17m

The "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
0 replies
1h3m

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.

paxys
1 replies
7h10m

Collecting 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?

nowyoudont
1 replies
4h0m

I 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
0 replies
3h8m

Your 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.

nla
1 replies
3h22m

This is exactly what Pixar/Disney and Ed Catmull got sued for. Apple, Google and FB as well.

SoftTalker
0 replies
2h47m

Didn't they agree not to hire each other's employees? Which would serve to suppress salaries, even without sharing what anyone was getting paid.

msy
1 replies
7h28m

Companies 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
0 replies
4h49m

Beyond 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.

louthy
1 replies
5h8m

In 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
0 replies
1h6m

In 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.

jmull
1 replies
3h19m

Sharing 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
0 replies
3h14m

"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?).

jasode
1 replies
3h14m

Competitors 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

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-...

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
0 replies
0m

Huh, 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.

exabrial
1 replies
6h58m

Wow first we got our rents fixed, now we're getting our wages fixed. Awesome

benoau
0 replies
6h50m

Using a rent estimate would be a brilliant way to double-check if you are overpaying salaries. /s

evtothedev
1 replies
2h6m

FWIW, 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
0 replies
1h28m

FWIW, I believe RealPage works to lower rent. Every landlord wants to say, “We charge below the 50% mark”, thereby steadily lowering it over time.

corry
1 replies
4h7m

1) 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
0 replies
3h56m

An 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.

braden-lk
1 replies
7h19m

“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.

jmkni
0 replies
3h39m

"Alright, pie, I'm just gonna do this...and if you get eaten, it's your own fault!"

RayVR
1 replies
4h12m

The 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
0 replies
4h7m

I 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.

Fokamul
1 replies
7h1m

Lol try this here in EU.

cryptonym
0 replies
3h36m

It 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.

w10-1
0 replies
28m

I 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?

theGnuMe
0 replies
6h42m

Yeah 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...

that_guy_iain
0 replies
6h52m

Because 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.

skywhopper
0 replies
2h43m

Sounds very illegal.

shortrounddev2
0 replies
2h28m

Sharing 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.

rossdavidh
0 replies
4m

So, 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.

rocqua
0 replies
7h7m

If this were illegal, so should the KornFerry Hay system be, and that system has existed for decades.

mcculley
0 replies
1h25m

I 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
0 replies
1h23m

Anything that keeps the code monkeys in line is legal.

josefritzishere
0 replies
5h55m

This sounds very obviously illegal. Where is the local DA on this?

ipv6ipv4
0 replies
3h21m

Legal or not, Pave is unethical.

hungie
0 replies
3h40m

It'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.

hiyer
0 replies
3h47m

helps startups with compensation

It's not only startups - I know decades-old, listed firms that use it too.

greenthrow
0 replies
2h24m

IANAL so i don't know the actual legality, but it certainly seems like it should be. Definitely immoral.

flerchin
0 replies
2h39m

It shouldn't be, and neither should The Work Number.

eximius
0 replies
1h7m

Hm, sounds like the recent rent fixing collusion. Which was ruled illegal.

dsotirovski
0 replies
6h59m

Gratitude 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.

dboreham
0 replies
2h36m

This already existed for decades. It's called "Radford".

darby_nine
0 replies
2h59m

There's a lot of technically legal anti-competitive behavior. We need our legislators to get off their asses and legislate.

cess11
0 replies
2h21m

I'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.

blackeyeblitzar
0 replies
1h27m

Yep all of these compensation intermediary are basically supporting illegal collusion

KoftaBob
0 replies
2h15m

From 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.

Eumenes
0 replies
3h41m

Carta has a similar product, and Radford is a popular one as well. These things have been around for decades. Nothing new.