Judge Rejects Silicon Valley Settlement

A California judge has rejected the proposed settlement in a lawsuit over no-hire agreements used by top Silicon Valley tech firms, saying the amount being offered to compensate workers is too low.

The remaining defendants in the case — Apple, Google, Intel and Adobe Systems — had reached a deal with the worker’s lawyers to settle the case for US$324.5 million, but Judge Lucy Koh of the federal district court in San Jose, California, said that amount is too low.

After subtracting the fees for the workers’ lawyers — they’re allowed to keep up to a quarter of the award, or $81 million, as well as other money — each worker would be left with an average of only $3,750.

“The Court finds the total settlement amount falls below the range of reasonableness,” Koh wrote in her order, issued Friday.

She said she was troubled that the workers would get less money than under a previous settlement with companies that settled earlier in the case, even though the case has been progressing in the workers’ favor since then.

Last year, Intuit, Lucasfilm and Pixar settled with the workers before the case came to trial.

All of the companies were accused of striking secret deals to not poach each others’ workers, a violation of the Sherman Antitrust Act that reduced the workers’ potential to earn higher wages.

An expert hired for the case has estimated that the workers’ should receive damages of $3 billion, for wages they could have earned if the no-hire agreements hadn’t been in place.

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PayPal Wooing SMB’s With Payments Service

PayPal is focusing on small businesses, service providers, and casual sellers on the move with its new PayPal Here service which allows vendors to process a variety of payments including checks and cards using their mobile phones.

The new service unveiled Thursday includes a free app and encrypted thumb-sized card reader, which allows merchants with an iPhone, and later Android smartphones, to process payments.

Merchants can accept payments by swiping cards in the card reader, scanning cards and checks using their phone cameras, or by entering card information manually into the app, the eBay unit said. They can also send an invoice and set payment terms, and accept PayPal payments from the app. The check facility is however only available in the U.S.

An iPhone version of the card reader and merchant app is available from Thursday to select merchants in the U.S., Canada, Australia and Hong Kong, with general availability in those countries scheduled for April. PayPal also plans to have an Android version of the merchant app by then. It will announce the availability of the service in more countries soon, it said.

Merchants pay a flat rate of 2.7 percent for card swipes and PayPal payments, while checks will be processed free of charge. Scanning of cards or typing the card information will be charged extra. PayPal Here merchants will also receive a business debit card for access to cash and 1 percent cash-back on eligible purchases.

PayPal will be competing with mobile payment systems from other providers such as Square and Intuit.

The key differentiator for PayPal Here in comparison to other small business mobile payment services is that it comes from a trusted brand in the online payments industry, with more than 100 million customers globally, David Marcus, vice president of mobile at PayPal said in a blog post.