Replacing Qualified Americans with Foreign Nationals on Temporary H-1B Visas: The Charge Faced by Walt Disney World
Posted on Friday, April 8th, 2016 at 5:09 pm
Walt Disney World in Orlando, Florida is facing lawsuits allegedly for conspiring to replace US workers with immigrants. Dismissed from work are tech workers, accountants and administrators, most of whom are still hopeful of getting rehired or finding new work within the company due to their length of stay and high performance ratings. The possibility of this, however, is becoming more and more distant as immigrant workers, mostly from India, with temporary H-1B visas are taking over to perform their work. The hurting thing is, most of the dismissed employees were even the ones asked to train their replacements during their final months with Walt Disney.
The defendants in the (separate but with similar complaints) lawsuits which are being accused of intentionally collaborating with each other to replace American workers with H-1B workers are the outsourcing companies that imported immigrants and Walt Disney.
US business employers are allowed by the government to hire foreign workers either on a temporary of permanent basis. Before doing so, however, they first need to acquire certification or documented proof from the Department of Labor (DOL) that no US citizen is available and/or qualified for the job, or is willing to take the job (under a specified wage amount). This certification is for the purpose of ensuring that the hiring of foreigners will not unfavorably or negatively affect the job opportunities, working conditions and salaries of US workers.
Clearly, however, as stated by Ms. Dena Moore, one of those who filed a lawsuit, employees have been negatively affected. How, specifically? They lost their jobs.
The H-1B visa was designed by the US Congress to allow foreign workers with special skills to be employed in the US. Jobs, like information-technology, engineering and accounting, are among the fields to which especially skilled and qualified individuals may apply for.
Posted on Friday, March 1st, 2013 at 3:59 pm
The Chicago Tribune, one of the largest newspapers in the United States, has recently agreed to settle a class action lawsuit filed by 46 reporters who worked for its Trib Local services over allegations of unpaid overtime wages. The settlement, which is reported to be in the amount of $660,000, will be distributed to employees based on the amount of work for which they were denied overtime payment.
The overtime lawsuit was filed by Carolyn Rusin, and in addition to her share of the settlement, she will also receive $10,000 for bringing the case and $2000 for her individual claim. A court hearing for final approval on the settlement is scheduled for June. Approval is expected. Individuals engaged in an overtime lawsuit may find themselves facing incredible difficulty, especially if they are going against a large company with extensive legal resources. In cases like this, the assistance of an overtime lawyer is almost always necessary to give plaintiffs a shot at securing the verdit they want.