Readit News logoReadit News
Posted by u/nowyoudont 2 years ago
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?

atrettel · 2 years ago
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 · 2 years ago
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.

iav · 2 years ago
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.
SoftTalker · 2 years ago
Don't ever work in the public sector then. Your salary is public record, open to anyone who is curious enough to look.
kevin_thibedeau · 2 years ago
22 states currently have salary history bans. You can save the trouble of jumping through Equifax's hoops if you have that protection.
uriah · 2 years ago
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

Nextgrid · 2 years ago
> They politely told me to kick rocks

The only way this stops is when people return the favor (on the spot, without a notice period).

consultSKI · 2 years ago
Yep. Equifax got hacked a few years ago and the Government let them use ITS credit monitoring tool for those affected instead of reaching into its own pockets to pay for a third-party solution.

#sad #speakingOfMonopolies

Deleted Comment

Dead Comment

Dead Comment

jnwatson · 2 years ago
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.

p1esk · 2 years ago
Loan officers typically want to see bank account balance, paystubs, and tax records.
idbehold · 2 years ago
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.

sgerenser · 2 years ago
I’m not sure this is true. The last time I changed jobs I had my TWN report frozen, and the background check company was really confused and said “we can’t seem to verify your job history through our normal means” without specifically saying why. I had to send some redacted paystubs.
abhisharma2 · 2 years ago
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

Panini_Jones · 2 years ago
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 · 2 years ago
Then I want 99th.
briffle · 2 years ago
I just signed up to see what they have on me.

I love that they have ALL my personal info, but I can't create an account with a password longer than 16 characters.. Why the heck are they not storing the hash?

Great security.

blackeyeblitzar · 2 years ago
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...

no_wizard · 2 years ago
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?

immibis · 2 years ago
It does depress salaries, which is the point.
pogue · 2 years ago
This thread got pretty off track. But, if I were to opt out of this database and went looking for a job, would potential employers not be able to see specific history about me (or at least not from Equifax)?
486sx33 · 2 years ago
“I’m an employee looking for my data”. Links to https://employees.theworknumber.com/

Spits out 403 error forbidden

Gosh, that’s awful.

arwhatever · 2 years ago
If one is required to sign an agreement to a background check, could this supersede one’s freezing of one’s Work Number?
sgerenser · 2 years ago
In my experience the background check company (Hireright IIRC) was not able to complete the check “normally” with my TWN report frozen. Had to send redacted paystubs.
yonran · 2 years ago
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 · 2 years 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 · 2 years ago
Op mentioned realpage, which is the company that does rent fixing as a service (RFAAS)
uoaei · 2 years ago
How sure are you that the incentives in place don't encourage inching toward this behavior as they begin to establish themselves?
billjings · 2 years ago
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 · 2 years ago
What's the point of getting this data if it's not to pay less money? What is the value add?
dmattia · 2 years ago
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.

kstrauser · 2 years ago
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.

crazygringo · 2 years ago
Because it's just as much to pay more money and get the employees you want.

When you don't know what the market is paying, you're liable to lowball offers and refuse to raise them, and not get the employees you want.

If you know market rates, you can provide reasonable first offers, or have a more accurate idea of how high you should go.

tdeck · 2 years ago
What I've heard from leadership at more than one company is that they choose a percentile of the market they want to pay and then set the compensation there. For example, they may say "we want to pay at the 75th percentile for SWEs with X experience in the Bay Area".

I certainly don't trust that this doesn't hold wages down overall, particularly in the boom hiring market we had until recently.

danielmarkbruce · 2 years ago
To pay more money.
jimbob45 · 2 years ago
RealPage pressures clients

To be clear, they're not "pressuring" them, they simply drop clients as a rule who don't use their suggested rent prices at least 80% of the time.

A4ET8a8uTh0 · 2 years ago
Now that is interesting. I personally find the difference almost without meaning, BUT I am very curious. What is the incentive for them to do this? To they get a point off of the increase?
ars · 2 years ago
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.

jasode · 2 years ago
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.

impossiblefork · 2 years ago
Yes, 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.

nowyoudont · 2 years ago
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.

macspoofing · 2 years 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 · 2 years ago
Information 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.
qwytw · 2 years ago
> when one leading law firm announces salary increases and other law firms immediately match it

Because it's public so doesn't reduce the amount of bargaining power employes have and therefore distort the market. Which is the main problem here.

msy · 2 years ago
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 · 2 years ago
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.
ghaff · 2 years ago
There'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.

elawler24 · 2 years ago
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 · 2 years ago
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 · 2 years ago
Ding ding ding. Improving information for only the already-more-powerful side of such an asymmetric relationship doesn’t help the weaker side.
zaptheimpaler · 2 years ago
I 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 · 2 years 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 · 2 years ago
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 · 2 years ago
> 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.

Wytwwww · 2 years ago
> Is this company not actually making the market more efficient and transparent

No, not at all. Unless applicants/employees get full access to the same information.

TheKarateKid · 2 years ago
Ok, so your company ended up raising salaries because you were underpaying. That certainly wouldn't be the case if you found out your salaries were ABOVE average. You'd keep it the same at best, but most likely lower it.

That's the point of these systems. If it's not illegal, then it should be.

Terr_ · 2 years ago
Or at any rate, "as one member, we ended up spending more when we started participating in a thingy" isn't super-strong evidence that the thingy is OK.

__________

To illustrate this, imagine some kind of over-the-top incontrovertible conspiracy to depress wages. I'm talking a secret volcano-island base, a letterhead with a Et redigam operarios in servitutem in latin, members greeting each-other as "Hello, fellow conspirator!" while twirling deliberate Snidely Whiplash mustaches, etc.

Then a new company joins the cartel, and it turns out that company was one of the ones previously paying below the fixed-price.

The fact that some members pay more on joining doesn't change the core nature of the system, especially if there's "noise" in the organic prices.

downrightmike · 2 years ago
anecdotes are not evidence
a123b456c · 2 years ago
Not 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-withdr...

mcntsh · 2 years ago
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.

the_mitsuhiko · 2 years ago
> 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...

SideQuark · 2 years ago
>part of what was aledged was the illegal exchange of salary data via surveys

Alleged doesn't mean illegal. In this case this point never saw court; the sides settled.

And what this claimed to have happened is not what is happening here.

nowyoudont · 2 years ago
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 · 2 years ago
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!
dctoedt · 2 years ago
> 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.

tensor · 2 years ago
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.
mcntsh · 2 years ago
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"

vishnugupta · 2 years ago
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?

Suppafly · 2 years ago
>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.

chipgap98 · 2 years ago
Stochastic wage fixing is still wage fixing
sameoldtune · 2 years ago
Your honor, the algorithm made me do it!
econcon · 2 years ago
unless you collude with other companies, doesn't seem like it is.
neilv · 2 years ago
> 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).