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CA employment lawyerIn the current political climate, immigration is a hot-button issue. As a result, it is increasingly likely now for employees to find immigration-related issues spilling over into the workforce. As a form of employment discrimination, it cuts both ways in the San Jose area. While foreign-born workers with green cards and work permits have long faced harassment and unfair treatment on the job site, in the local tech industry there are claims that visa holders have a distinct advantage.

Accusations that Tech Companies Favor Visa Holders

Tata Consultancy Services Ltd., a company with revenue over $19 billion in the past fiscal year which has launched a customer collaboration center and digital re-animation studio in Silicon Valley, was recently cleared of charges that they engaged in discriminatory hiring practices. The ruling stems from a lawsuit filed in Oakland federal court against the company in 2015. At that time, company workers alleged in a class action lawsuit that Tata discriminated against non-Asian workers. In addition to unfair hiring practices, the plaintiffs claimed that American employees were more than 13 times more likely to be fired than their Asian counterparts.

The original complaint was filed by an IT worker, who claimed roughly 95 percent of Tata’s 14,000 US employees were of Asian descent. He also cited the fact that Tata was the second largest company in the country in terms of hiring workers under the H-1B Visa program. H-1B visas allow companies to recruit and bring into the country foreign-born workers who are highly skilled in their fields. Tata is not the first American company to face these accusations. The U.S. Department of Labor found Cisco Systems guilty of the same types of charges.


CA labor lawyerSexual harassment has been a long-standing problem in the workforce. While federal and state employment laws are in place to protect victims against discriminatory actions, the #MeToo movement has helped to call attention to the ongoing problem. In Santa Clara County and throughout the country, Google is the most recent target of employee protests over the issue.

Golden Parachute for Accused Executive Spurs Backlash

On November 1, 2018, Google employees across the nation walked off their jobs in anger over how sexual misconduct claims are being handled by the company. In Mountain View alone, roughly 2,000 men and women took part in the walkout, which resulted from what they claim is an attempt to silence and downplay abuses of power.

The walkout centered around revelations that the tech giant had provided a ‘golden parachute’ for a top-level executive accused of engaging in sexual misconduct. The executive, who is credited as being the father of the Android system, was forced to resign due to the allegations, but employees were outraged when reports surfaced that he had been provided with a $90 million severance package. The executive is one of three executives that protestors claim the company is protecting against repercussions due to similar claims. They demand greater accountability and that more actions be taken to defend workers against these types of abusers.


CA labor lawyerThe loss of a job may come as an unexpected blow or it may follow months of whispered rumblings and rumors in the employee break room. In either scenario, the end result could mean not only the loss of income, but also changes in your retirement plans and the loss of important medical benefits. In these situations, a strong termination agreement can help to protect your current and future financial security. Amidst a recent layoff initiated by a local company, the following highlights some of the most important issues in these agreements, which workers need to be aware of.

San Jose Based Firm Lays Off Workers After Acquisition

San Jose based Broadcom Inc. recently caught employees off guard when they sent a mass letter informing them of layoffs that were set to be effective immediately. According to media reports, internal documents related to the cut indicate that the global tech giant planned to cut more than 40 percent of the employees that were inherited when it acquired CA Technologies, an enterprise software manufacturer. The cuts are expected to impact roughly 2,000 of the company’s more than 4,800 workers.

Broadcom, which has more than 11,000 workers worldwide, recently moved its headquarters to San Jose from Singapore. Prior to the move, the company had been embroiled in controversy when President Donald Trump cited national security concerns in attempting to block it from acquiring mobile phone chipmaker Qualcomm Inc.


CA workers rights lawyerIn any job, there are hazards you may encounter in fulfilling certain tasks that could put you at risk for accidents and injuries. Some job fields and occupations are inherently more dangerous than others, and it is important for employees in these situations to be aware of their rights. Employment laws in California require that certain safety standards be met and provide a clear path for workers to voice their concerns or complaints.

Your Rights on the Job

The Occupational Safety and Health Administration (OSHA) is the national agency responsible for ensuring job standards and protecting workers. They require employers to provide a workplace free of certain hazardous substances while regulating safety practices.

OSHA conducts routine inspections, provides educational workshops, and may cite employers for failing to adhere to the proper standards. They also require employers to post public notices informing workers of their rights, which include:


Posted on in Employment

CA workers rights lawyerMany workers dream of obtaining steady nine to five employment, with regular weekends and holidays off to take care of their families and other personal responsibilities. Unfortunately, too many are stuck in jobs with unpredictable shifts, where they are either over scheduled or not given the number of hours they need to support themselves. San Jose and San Francisco are among the few places to have employment laws in place that protect workers against these types of practices. At the Jachimowicz Law Group, we can use these laws to help defend your rights in these situations.

Fair Workweek Laws

Workers in many industries, such as food service and retail, are frequently required to jump through hoops as part of obtaining a weekly schedule. They may have to call in at the beginning of the week or even before a shift to see if they work and the type of shift they are required to cover during the day. As a result, they have little stability in being able to plan for needs such as transportation and child care, and may be denied the total amount of hours they originally were promised when they took the job.

According to the Economic Policy Institute (EPI), there is a growing awareness of how unfair these types of practices are and how damaging they can be to an employee’s overall well being. As a result, several major cities across the United States have initiated fair workweek laws to prohibit these practices. In addition to ensuring workers receive adequate hours and timely notices of schedules, fair workweek laws also aim at prohibiting employers from taking actions against employees who must request time off for certain personal duties, or from requiring them to perform unreasonable split shifts based on peak times of demand. Fortunately, San Jose and San Francisco are among the six major areas that have put fair workweek practices in place over the last several years.







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