Friday, July 31, 2015

Silicon Valley, Meet Labor Law

WhitneyThis is cross-posted from PrawfsBlawg with permission of the author, Heather Whitney (Bigelow Fellow, Chicago).

I worked on Google’s Global Ethics & Compliance team from 2007-2010 and at that time the thought of labor law having anything to say about the happenings of the Bay Area tech scene seemed unimaginable to most people – including those practicing law. Employment, sure, but not labor. (I’ve found this to be a bit true in academia as well – labor conjures up visions of coalminers or public school teachers but definitely not anybody working at tech companies.) Well, the other day a friend sent me a Wired article titled, “what happens when you talk about salaries at Google” and it reminded me of why that view can get companies into some real trouble.

The article itself is just a string of tweets from a former Google talking about what happened when she decided to conduct a salary transparency experiment at Google. Long story short, she and some coworkers got talking about salaries on the internal social network (I take it she’s talking about one of Google’s many internal email list, like misc), decided to make a spreadsheet where employees could add their own salary information, and then posted a link to the form on her internal profile.

The thing took off. Other people built the spreadsheet out to include fields on gender and a bunch of other stuff that made it possible to get even more out of the data, as it wont to happen when a bunch of smart people get going on something they find interesting (this quality is also a big part of what makes working at Google great). The next week the Googler who started the project was “invited” (I love that) to talk with her manager. Apparently her manager and the higher ups weren’t happy about the project. And, according to this Googler, her manager said “don’t you know what could happen?” And then something else interesting happened, though it takes a second to explain.

At Google, Googlers can give each other what are called “peer bonuses.” Basically, if someone else did something cool and you want to recognize them for it, you can easily click a few things, say a few words about why they’re great, and bam – the person gets $150 in their next paycheck. It’s pretty cool and, though my memory is hazy, people give them for all sorts of reasons. Someone helped you with a work project? Send away. Someone organized a fun bike ride or group outing? That can be peer bonus worthy, too. While the manager of the person receiving the award has to approve it, it was basically a sure thing. (NB: like the Googler writing, I also didn’t realize until reading this article that there was any manager approval of peer bonuses at all. No doubt because I, too, had never heard of one being rejected.) Anyway, while this Googler was receiving peer bonuses for creating this salary sheet, her manager was rejecting them all. Interestingly, while the Googler in question, a (I believe) black woman, was having her peer bonuses denied by her manager, a white man who was also involved in setting up the sheet was getting peer bonuses and those were all approved. Meanwhile, the spreadsheet continues, people use it to talk to their managers about getting raises, and some actually succeed in getting them.  

This entire story is full of labor law (and internal compliance training) issues, some easier than others. Here are a couple:

  • Could the company prohibit employees from using the internal system to talk about salaries? From creating a spreadsheet, using internal tools, that discusses that? What about prohibiting employees from putting up status messages that direct other employees to the spreadsheet?
  • Can a manager call an employee in for a meeting about her promotion of salary transparency? And if so, can the manager say “don’t you know what could happen” about it?
  • If the company has a peer bonus system where bonuses are virtually automatic though have nominally required manager approval, can a manager start rejecting bonuses if they are tied to the employee promoting salary transparency? What if bonuses are supposed to be given only for work-related activities (even though that hasn’t been enforced much, if at all, in the past)


Whether tech companies realize it or not, Section 7 rights are alive and well. And with the unionization of tech shuttle drivers and 140 Google Express workers seeking the same, I wouldn’t be surprised if labor issues start coming up more and more in the Bay Area – including, perhaps most interestingly, for those who we often forget might have them at all.

rb

https://lawprofessors.typepad.com/laborprof_blog/2015/07/silicon-valley-meet-labor-law.html

Labor Law, Workplace Trends | Permalink

Comments

While not involving the same legal regimes, this makes me think that Google learned very little from the settlement of the anti-employee poaching antitrust settlement.

Posted by: Charlie | Aug 1, 2015 2:20:43 AM

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