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Re:Google illegally underpaid thousands of workers by 0des on Friday September 10, 2021 @04:04PM (#28486313)
What is the mechanism by which an entity that has the resources to spend on wrist-slaps is prevented from just continuing the behavior forever? I notice this a lot, and it feels like there are these opportunities everywhere that are exploited by corporations who know they'll skate every time with minimal financial impact.
Re:Google illegally underpaid thousands of workers by burlesona on Friday September 10, 2021 @04:17PM (#28486418)
Agreed. Executives need to start getting personal punishment if we want corporate behavior to change.

Alternatively, start issuing fines such that it’s X percent of revenue plus Y percent of salary from all employees. Even a fine of 1% of annual pay would light a big angry fire under most employees, and perhaps incentivize them to stand up to the execs and refuse to follow illegal or unethical decisions.

Re:Google illegally underpaid thousands of workers by yupper32 on Friday September 10, 2021 @06:36PM (#28487667)
You want to directly fine low level employees for the actions of execs? My god, no. That's such an evil idea.

They're fined indirectly with stock prices already, but man is your idea really bad.

Re:Google illegally underpaid thousands of workers by burlesona on Friday September 10, 2021 @08:53PM (#28488501)
All employees would include execs obviously. I admit it's unorthodox and might feel a little unfair, but I imagine for these big tech companies that are so often guilty of just ignoring the law and paying fines to make their problems "go away," having the employees be furious at the bosses would be a far, far more effective punishment.

In terms of dollars, I don't think it would take much to make the point. Suppose you set the fine to 0.5% of salary from all employees. Someone in an entry level job earning $40k would only owe $200. But they'd be really flipping mad and might quit over it. That scales up pretty well - a middle-manager at Facebook who makes $600k would owe $3k. Not enough to really affect their life, but enough to make them really pissed off and potentially bail on the company.

In the end, if we as society want corporations to follow the law, we have to start recognizing that corporations are made up of regular humans following incentives, and if the corporate shield means the people who work in the company and carry out its actions feel no personal consequences of illegal actions, then it's not surprising they'll ignore the law.

Re:Google illegally underpaid thousands of workers by CameronNemo on Saturday September 11, 2021 @12:46PM (#28493422)
But what does fining the low level employees accomplish? They can't really change the direction of the company in many cases.
Re:Google illegally underpaid thousands of workers by burlesona on Sunday September 12, 2021 @10:12AM (#28501324)
Thats not really true. The middle and lower layers of the company is where the actual work happens, and if the people carrying out the work suddenly perceive there’s a personal risk to doing illegal things - even if it’s just a small fine - they’re much more likely to push back or quit. Meanwhile upper management may not care about a billion dollar fine that their spreadsheet says is “worth it,” but their life will be miserable if all the employees underneath them are pissed off, 10% quit, and nobody wants to work there. It’s a much, much bigger risk to upper management to infuriate their workforce than it is to write a check.

That’s the thing I think most people don’t understand about large companies. Money is just a number, they’re playing a game with it. If the company pays a huge fine, all those folks are still rich and nothing bad happens to them, they just have a few different numbers on their spreadsheet. That’s why they don’t care. It’s not like a normal person getting fined, who then loses the opportunity to use their money for things that matter to them.

If we want to hold corporations accountable, we have to issue punishments to corporations that actually hurt their leaders.

Re:Google illegally underpaid thousands of workers by Aeolun on Saturday September 11, 2021 @04:14AM (#28490282)
That’s a fantastic way to make any employee shut up immediately the moment any form of inspector enters the building.
Re:Google illegally underpaid thousands of workers by burlesona on Saturday September 11, 2021 @10:41AM (#28492325)
A fair point, but doesn't this happen already? My experience working in a large corporation is that there's a pervasive "us vs. them" mentality when it comes to outside auditors, inspectors, etc., as well as a mindset that "they're just here to make our life harder," via imposed red tape, controls, etc. If this was really an issue perhaps there could be a whistleblower provision stating that anyone who assists with an audit or investigation is exempt from any personal fines that may result.
Re:Google illegally underpaid thousands of workers by Aeolun on Saturday September 11, 2021 @08:02PM (#28497290)
I think my problem is that while I may be happy to throw my bosses boss under the bus (he has it coming), Jim from accounting has a family with 5 kids, and he really needs the money. So I’ll just keep quiet about everything.

I do agree there’s an us/them mentality, but that breaks down when people feel like they can air out their grievances against senior management without sinking the company itself.

Re:Google illegally underpaid thousands of workers by burlesona on Sunday September 12, 2021 @04:13PM (#28504457)
That’s fair but this is why I’m suggesting token penalties. Like parking ticket sized. People are extremely loss averse, so that’s enough to really bother them (thus deter behavior) while it shouldn’t be enough to genuinely hurt Jim in accounting.
Re:Google illegally underpaid thousands of workers by bregma on Saturday September 11, 2021 @07:47AM (#28491156)
Penalize the owners of the company. Make 10% of all stock disappear into a legal black pit. The executives (many of whom are usually shareholders) will receive corrective action in good order. Word to the owners: make sure your capital is working ethically, or be prepared to pay the price.
Re:Google illegally underpaid thousands of workers by lumost on Friday September 10, 2021 @04:25PM (#28486490)
The gdpr fine system has seemingly been very effective and convincing corporations to comply with laws. Maximum of 20% in revenue fines, enough to cause many businesses to recapitalize - wiping out shareholders and executives.
Re:Google illegally underpaid thousands of workers by scythe on Friday September 10, 2021 @10:34PM (#28488984)
The mechanism is by assigning visible but not devastating (despite the public demand for schadenfreude) punishments to executives found culpable. The goal is to maximize reporting and to change the culture.

If the punishments are set too high, individual loyalties begin to dissuade reporting. You might not love your boss, but you might not want to see his kids lose their father. So executing executives has its downsides.

However, the sanctions must be visible so as to decrease the tendency for offenders to defend each other and entrench corruption. This is difficult because it means that people will still be employed (in less powerful roles) after being sanctioned for offenses many people find morally repulsive.

It's a difficult balancing act. Cultural factors play about as big of a role as incentives. Rick Scott's Medicare fraud is infamous but it didn't stop him from winning three statewide elections in Florida.

Re:Google illegally underpaid thousands of workers by Aeolun on Saturday September 11, 2021 @04:19AM (#28490306)
I think the important thing about the penalties is that any potential gains (and then some) are negated.

If someone does not pay their contractors enough, knocking them down a peg to the level of those contractors seems like an appropriate punishment.

They can work their way up again.

Re:Google illegally underpaid thousands of workers by ajsnigrutin on Friday September 10, 2021 @04:26PM (#28486494)
Penalties should be high enough, that even if 10% of the cases are uncovered, the fines become more expensive than actually working within all rules.

Also, a lot would be solved if responsible people would get punished too, especially if they knew about the illegal stuff, and didn't do anything.

Re:Google illegally underpaid thousands of workers by panda88888 on Saturday September 11, 2021 @12:12AM (#28489376)
One mechanism is to fine the CEOs in units of time rather than dollar. For example, the punishment can include 18 hour compulsory training for the Cxx executives that they have to attend in person over 3 days (6hr per day) so that they understand how to comply with the regulations.
Re:Google illegally underpaid thousands of workers by FartyMcFarter on Saturday September 11, 2021 @05:14AM (#28490555)
Great idea! This should definitely require physical attendance in order to avoid loopholes.
Re:Google illegally underpaid thousands of workers by colechristensen on Friday September 10, 2021 @04:13PM (#28486382)
Penalties just have to be set correctly.

If I don’t pay a parking meter I’m likely to lose up to 100x as much as I saved… if Google doesn’t pay its employees…

Re:Google illegally underpaid thousands of workers by tharkun__ on Friday September 10, 2021 @09:37PM (#28488726)
High potential punishment has never worked.

If your city has exactly 0 'meter maids' what does the 100x fine do to deter you? Nothing.

If your city is patrolling its meters with a frequency that guarantees you will be caught 100% of the time you will definitely not do it ever (if you knew or after being caught multiple times in a row) and the expenses for meter maid salaries would be exorbitant. No more money coming in.

Theres probably a hard to attain sweet spot where having the patrols brings in enough money to offset enough of the salaries and which also gives you the feeling of 'always getting caught' thus not making it worth your while.

Re:Google illegally underpaid thousands of workers by seg_lol on Saturday September 11, 2021 @04:00AM (#28490225)
> High potential punishment has never worked.

And then you talk about meter maids. What do meter maids have to do with Google not breaking labor laws?

Re:Google illegally underpaid thousands of workers by peterpaid on Saturday September 11, 2021 @09:44AM (#28491930)
Probability of the potential turning into reality. A high potential punishment in the parking ticket analogy is very unlikely with few or no "meter maids".

Their point is that high potential punishment alone isn't sufficient, but that it must be likely or inevitable as well.

Re:Google illegally underpaid thousands of workers by tharkun__ on Saturday September 11, 2021 @09:12AM (#28491705)
This is something called an analogy. In particular I chose a "car analogy", which is a common technique. Sometimes when a non car analogy is used people smirkingly ask for or make up a car analogy even.

I could use a different one that would stir up much more controversial debate. What if stealing office supplies carried the death sentence? If you are guaranteed never to be caught how much of a deterrent would it be? If you get caught 100% of the time for that but all they do is to make you pay 10x what the supplies were worth?

Basically what I was trying to show that it's all about a combination of percentage of getting caught and the sentence. Only upping the possible sentence does not act as the deterrent people commonly attribute to it.

Re:Google illegally underpaid thousands of workers by colechristensen on Friday September 10, 2021 @10:04PM (#28488853)
shrug i’ve usually got caught unless parking for a very short time, i think with computerized meters they must have some automatic systems that flag cars just by driving past with an enforcement vehicle, only do that during busy times and you have pretty decent enforcement and parking meters doing what they were designed to do
Re:Google illegally underpaid thousands of workers by tharkun__ on Friday September 10, 2021 @10:24PM (#28488949)
So then tell me if you've got caught nearly 100% of the time, are the fines just a slap on the wrist or why do you keep doing it?

(what I didn't say is that if all you get is 'you bad boy but please don't do it again' then 100% enforcement doesn't help either. That should be obvious)

Re:Google illegally underpaid thousands of workers by colechristensen on Friday September 10, 2021 @11:12PM (#28489139)
Well the last parking ticket I got was a result of putting the wrong space number in the machine, I got them more frequently when I was younger and stupid or forgetful. (I had a bit of a problem with sleep and would park somewhere and take an unplanned nap and get a ticket).

In the cheaper ticket city I would freely not pay the meter more or less breaking even on cost, and now in a more expensive city I do unless i’m only intending to park for a few minutes.

Re:Google illegally underpaid thousands of workers by Barrin92 on Friday September 10, 2021 @04:17PM (#28486417)
the mechanism is turning the heat up to 11. Whatever money they saved, 20x it and fine them. Do it for every minor infraction until they comply. Drag their executives in front of a camera and make them issue a public apology. What are they gonna do, drop out of the entire European or Asian market?

The problem is just lack of political willingness to reign them in, nothing else.

Re:Google illegally underpaid thousands of workers by bko on Friday September 10, 2021 @04:08PM (#28486337)
The "wrist slaps" will make up for the entire amount that the offending party short-changed the workers and penalties on top of that not to mention the cost associated with litigation.

So it's not economical for the offending parties to continue such behavior.

Re:Google illegally underpaid thousands of workers by Ansil849 on Friday September 10, 2021 @04:11PM (#28486366)
> So it's not economical for the offending parties to continue such behavior.

Of course it is. The only needed change is to take adequate care to not leave incriminating evidence such as emails around.

Re:Google illegally underpaid thousands of workers by chitowneats on Friday September 10, 2021 @04:15PM (#28486395)
This assumes a 100% success rate of catching such behavior.