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Re:Ask HN: Why Is Pave Legal? by hunter2_ on Wednesday September 11, 2024 @12:03PM (#41512648)
> 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.

Re:Ask HN: Why Is Pave Legal? by Retric on Wednesday September 11, 2024 @12:21PM (#41512836)
Most companies request people not share pay information. Information asymmetry is a huge deal in negotiations.
Re:Ask HN: Why Is Pave Legal? by ghaff on Wednesday September 11, 2024 @04:19PM (#41515024)
I never have but I have never been told I couldn't share pay information. Certainly I have with my accountant and financial advisor. I've also been asked when applying for a new job whether or not I've been 100% forthcoming.
Re:Ask HN: Why Is Pave Legal? by dcrazy on Wednesday September 11, 2024 @12:41PM (#41513021)
Re:Ask HN: Why Is Pave Legal? by skyyler on Wednesday September 11, 2024 @12:44PM (#41513062)
And pot was illegal in the 70s.
Re:Ask HN: Why Is Pave Legal? by jgalt212 on Wednesday September 11, 2024 @01:14PM (#41513362)
It still is.
Re:Ask HN: Why Is Pave Legal? by ghaff on Wednesday September 11, 2024 @02:40PM (#41514108)
At the US federal level. It may or may not be illegal at the state level--and is regulated in any case.
Re:Ask HN: Why Is Pave Legal? by jacobr1 on Wednesday September 11, 2024 @07:25PM (#41516196)
It is still illegal in every US state. States can legalize it at the level of their own laws, and they can choose not to enforce federal laws, but that doesn't actually make it legal while federal laws are in place that conflict. A federal agent could choose to walk into any dispensary in a "legal" state and arrest everyone there, and they could be prosecuted in federal court. Yet at a practical level there has been a decision to defer to the states on what they will enforce, but that is a decision of executive authority rather than the law.
Re:Ask HN: Why Is Pave Legal? by ghaff on Wednesday September 11, 2024 @08:22PM (#41516483)
I expect you'd have a pretty complicated jurisdictional case if a team of FBI agents were to go into a dispensary in a state where it was legal and round everyone up. And pretty much no sane politician would go anywhere near it. I also wouldn't (hypothetically) travel with the stuff over state boundaries.
Re:Ask HN: Why Is Pave Legal? by mcherm on Wednesday September 11, 2024 @01:15PM (#41513379)
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).
Re:Ask HN: Why Is Pave Legal? by vkou on Wednesday September 11, 2024 @01:15PM (#41513375)
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.

Re:Ask HN: Why Is Pave Legal? by klingoff on Wednesday September 11, 2024 @01:34PM (#41513536)
Teeth like employment at-will?
Re:Ask HN: Why Is Pave Legal? by yencabulator on Wednesday September 11, 2024 @04:07PM (#41514915)
Basically the only advantage an employee can have in this sort of negotiation is not needing to be employed by that company.
Re:Ask HN: Why Is Pave Legal? by vkou on Wednesday September 11, 2024 @02:31PM (#41514016)
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.

Re:Ask HN: Why Is Pave Legal? by klingoff on Wednesday September 11, 2024 @02:36PM (#41514070)
Re:Ask HN: Why Is Pave Legal? by qwytw on Wednesday September 11, 2024 @03:08PM (#41514389)
Isn't being dismissed because of something like that and being able to prove it is a bit like winning a lottery?
Re:Ask HN: Why Is Pave Legal? by vkou on Wednesday September 11, 2024 @02:58PM (#41514270)
The singular of anecdote is not data. Getting hit by lightning is also unlikely, but it happens to thousands of people every year.

That doesn't mean I'll be flying a kite in a thunderstorm, but it also doesn't mean that you should lock yourself in a bunker the moment the sky turns grey.

Most of the taboo around this is cultural, not retributive.

Re:Ask HN: Why Is Pave Legal? by klingoff on Wednesday September 11, 2024 @03:54PM (#41514802)
Firing people at will includes firing them because you got the feeling they may be behaving in any way in any situation perhaps in conflict to any request you made. Odds are someone won't get fired for stealing office supplies and in at will place they may be more often fired for misunderstandings related to a misperception where they don't come clean on something they never did.

That there was no way to sue the company in that example is a demonstration that the employee lacked any right to break any taboo.

As such there are teeth anywhere that is at will for any request whether it is reasonable or not and whether it relates to a taboo the employee may be expected to have or not.

Re:Ask HN: Why Is Pave Legal? by FactKnower69 on Wednesday September 11, 2024 @07:31PM (#41516219)
>The singular of anecdote is not data.

No funnier response to a post directly proving you wrong. L

Re:Ask HN: Why Is Pave Legal? by GTP on Wednesday September 11, 2024 @12:24PM (#41512865)
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.
Re:Ask HN: Why Is Pave Legal? by hunter2_ on Wednesday September 11, 2024 @12:46PM (#41513085)
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?
Re:Ask HN: Why Is Pave Legal? by wavemode on Wednesday September 11, 2024 @02:15PM (#41513904)
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.

Re:Ask HN: Why Is Pave Legal? by BobbyJo on Wednesday September 11, 2024 @02:14PM (#41513883)
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.
Re:Ask HN: Why Is Pave Legal? by GTP on Wednesday September 11, 2024 @01:12PM (#41513357)
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.

Re:Ask HN: Why Is Pave Legal? by willcipriano on Wednesday September 11, 2024 @01:07PM (#41513315)
Technically sure, but the sort of people who live that way don't get invited out anywhere.
Re:Ask HN: Why Is Pave Legal? by grayhatter on Wednesday September 11, 2024 @08:30PM (#41516530)
If it has my name on it, it likely belongs to me. The portion that clearly belongs to the company, are the role, the amount, and my initials (maybe an anonymying number would be better?)

They're welcome to do what they want with that, but once it includes the ability to make inferences about me as an individual, more than the company, it becomes my data. I likely have to choose to share it to meet the terms of the emploment contract, but that doesn't change the appropriate ownership.

Try and apply whatever rules you want to IP the company claims to own? Surely the exact details of some trade secret process also belongs to me and I can do whatever I want with it because I need to know it to fulfill the terms of that same contract right? I can sell it to a 3rd party just 'cause right?

Re:Ask HN: Why Is Pave Legal? by abeppu on Wednesday September 11, 2024 @01:30PM (#41513506)
... 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."

Re:Ask HN: Why Is Pave Legal? by samus on Wednesday September 11, 2024 @01:45PM (#41513622)
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.
Re:Ask HN: Why Is Pave Legal? by mapt on Wednesday September 11, 2024 @02:07PM (#41513816)
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.

Re:Ask HN: Why Is Pave Legal? by Terr_ on Wednesday September 11, 2024 @06:14PM (#41515767)
> given the promises that free market idealogues & corporate actors made us

I find it amusing/annoying how many Free™-market boosterism messages are actually contradictory "heads I win, tails you lose" constructs. For example:

1. "Regulations are bad, because left to its own devices the market will be optimally-efficient, once everyone has perfect-information about all the prices and deals other people are making."

2. "Regulations are bad, because cartels and collusion will be destroyed by defectors who use their freedom to make secret prices and hidden deals."

Sometimes these arguments come from the same people, but even when they don't they represent two wildly incompatible ideas of what "the free market" really is.

Re:Ask HN: Why Is Pave Legal? by throw10920 on Wednesday September 11, 2024 @09:11PM (#41516701)
I wonder what the name is for the fallacies committed by this comment and grandparent comment. It's this disingenuous "even though nobody in this thread has expressed these two contradictory things, I'm just going to make them up and pretend that an imaginary member of [group that I don't like] said them".

It's like a strawman fallacy did a fusion dance with an ad-hominem. I see it all the time on HN - surely it has a name.

Re:Ask HN: Why Is Pave Legal? by Terr_ on Wednesday September 11, 2024 @11:48PM (#41517410)
> It's this disingenuous "even though nobody in this thread has expressed [...]"

No, what's disingenuous is your weird attempt to stifle an entirely on-topic discussion which has made you uncomfortable. You're suggesting that we may not criticize a stance or argument unless another Hacker News user has directly advocated for it. That's not how it works, or else we'd never be able to talk about things like the DMCA or Microsoft's forced-reboot update policy.

That said, how about we steer away from pure-meta personal attack posts to something that at least involves the original topic of markets and market-actors, starting with:

> I'm just going to make them up and pretend that an imaginary member of [group that I don't like] said them"

Your comment is saying--via sarcastic subtext--that I have "made up" items #1 and #2 and that (to substitute GP's term) "free-market ideologues" do not advance either argument about efficiency or cartel-risk.

Is that really what you believe and you'd be convinced otherwise by examples, or would you like to issue some non-sarcastic clarification?

Re:Ask HN: Why Is Pave Legal? by throw10920 on Thursday September 12, 2024 @12:27AM (#41517597)
> what's disingenuous

Incorrect. I'm pointing out logical fallacies and emotional manipulation. Nothing disingenuous here, just rationality.

> attempt to stifle an entirely on-topic discussion

Incorrect. This is "flamebait....generic tangents...internet tropes." (as the guidelines say to avoid) because, as already pointed out, nobody in this thread has made these arguments together.

> You're suggesting that we may not criticize a stance or argument unless another Hacker News user has directly advocated for it.

Also incorrect. I never suggested that. Additionally, even if I had, you're not criticizing a stance - that's a dishonest and incorrect portrayal of your comment, which was fabricating an imaginary contradiction between two distinct arguments, as a means of attacking a group you didn't like.

> That's not how it works, or else we'd never be able to talk about things like the DMCA or Microsoft's forced-reboot update policy.

Also dishonest and incorrect. Microsoft is a single organization that makes public statements that you can link to and point out inconsistencies in.

That is not what you're doing - the free-market HN users that you're emotionally attacking (because that's what it is - there's no logic here) are not a single person or entity, but a highly diverse group of individuals with wildly different opinions.

What's more, you didn't even respond to a comment that one of them made - you're fabricating the existence of one of them that has a set of contradictory opinions (that you've also invented) to try to generally attack the idea that they represent. That's very bad form and very clearly against the HN guidelines.

> That said, how about we steer away from pure-meta personal attack posts

You're violating the guidelines and engaging in dishonest and anti-intellectual emotional manipulation and ideological warfare...on a site that's designed for intellectual curiosity. It's very reasonable to call that out.

> Your comment is saying..."free-market ideologues" do not advance either argument about efficiency or cartel-risk.

That is not what my comment is saying or implying - that's you fabricating a strawman.

You are "fabricating" a person because there's no specific person that you're debating with. That clearly does not mean that there don't exist people who don't hold those beliefs individually (or even together) - but you're not referring to a person in your comment, you're referring to an imaginary archetype, and you're doing so as a way of attacking it.

I've absolutely met individuals who hold either of those positions individually. And I have definitely met people that are self-inconsistent with respect to the beliefs that they hold.

Neither of those things justify you inventing a nonexistent self-contradictory person as a way to wage ideological warfare against a group/ideology you don't like.

"Please don't use Hacker News for political or ideological battle. That tramples curiosity."

https://news.ycombinator.com/newsguidelines.html

Re:Ask HN: Why Is Pave Legal? by Terr_ on Thursday September 12, 2024 @01:53AM (#41517955)
I encourage readers to click on that link to all the commenting guidelines, and then carefully consider who is really breaking their spirit in this thread. Goodbye.
Re:Ask HN: Why Is Pave Legal? by mapt on Thursday September 12, 2024 @08:58AM (#41520371)
What precisely do you disagree with about my comment?

I wouldn't say that HN commenters have been especially influential advocates in selling a potent brand of free-market capitalism to the United States of America. That happened long before HN began, and even the other advocacy efforts of people like Thiel are at this point a drop in a very large bucket.

Silicon Valley antitrust enforcement is especially topical because the government is apparently gunning for Google now, but if Realpage-like labor price collusion becomes common in the corporate world (inside or outside of SV) that's a substantially bigger deal.

Re:Ask HN: Why Is Pave Legal? by CRConrad on Thursday September 19, 2024 @02:54AM (#41589280)
> That is not what you're doing - the free-market HN users that you're emotionally attacking

Who said they were talking about HN users? AFAICR, the GP explicitly said that was not what they were talking about.

Maybe you're not arguing from bad faith; just bad reading comprehension.

Re:Ask HN: Why Is Pave Legal? by karaterobot on Wednesday September 11, 2024 @02:29PM (#41514005)
Does my personal health information belong to my doctor? Not according to HIPAA, at least not in a way that gives the doctor control over selling it. While my pay is currently not protected by similar regulation, it seems like the kind of protection regulation similar to HIPAA could defensibly target.
Re:Ask HN: Why Is Pave Legal? by xenocratus on Wednesday September 11, 2024 @03:32PM (#41514593)
Your personal health information is information that pertains to you and you only. Your compensation is part of a contract between yourself and your employer, hence why both parties have to sign it, and why both parties have ownership over it.

Not arguing that payroll information can't be protected, my only point was that your comparison was off.

Re:Ask HN: Why Is Pave Legal? by treypitt on Wednesday September 11, 2024 @04:11PM (#41514952)
Because hospitals and clinics don't care or record the treatment they provide?
Re:Ask HN: Why Is Pave Legal? by BobaFloutist on Thursday September 12, 2024 @01:05PM (#41523023)
Not to mention insurance.
Re:Ask HN: Why Is Pave Legal? by karaterobot on Wednesday September 11, 2024 @04:38PM (#41515155)
I'm not saying it is currently the case that I own my compensation number, I'm saying it's not impossible to imagine creating regulation to make that happen.