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Disney Making Laid-Off US Tech Workers Train Foreign H1-B Replacements

WheezyJoe writes: The NY Times brings us a story on the Disney Corporation laying off U.S. tech workers and replacing them with immigrants visiting the country under H1-B visas. The twist is that the immigrant workers are not your nice local visiting foreign guy from the university who wants to stick around 'cause he likes the people here... they are employees of foreign-based consulting companies in the business of collecting H1-B visas and "import[ing] workers for large contracts to take over entire in-house technology units." The other twist? The U.S. tech workers are required to train their replacements before vacating their jobs, or risk losing severance benefits (excerpts of the Disney's layoff notice are included in the article).

106 of 614 comments (clear)

  1. Such a nice, sugary story.... by amalcolm · · Score: 5, Insightful

    ...just what you'd expct from Disney

    --
    Time for bed, said Zebedee - boing
    1. Re:Such a nice, sugary story.... by Anonymous Coward · · Score: 5, Funny

      ...just what you'd expct from Disney

      Just about ALL of corporate America that can get away with it will do it - defense contractors cannot.

      And the difference in pay goes to CEO bonuses for doing a "great" job. Why you could write a Python script called CEO.py to do their job. The algorithm is just:

      Lower costs by canning people,sending work overseas or hiring H1-bs. Selling off under performing divisions. Concentrating on more profitable businesses.

      Please, we don't need to offshore CEOs; just automate them with scripts.

    2. Re:Such a nice, sugary story.... by mwvdlee · · Score: 5, Funny

      It IS how a lot of fairy tales begin; with evil villains causing unjust and misery.

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    3. Re:Such a nice, sugary story.... by Opportunist · · Score: 4, Funny

      As a python script I feel insulted by offering me this kind of useless job! A bash script could do it!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Such a nice, sugary story.... by Mkx · · Score: 3, Funny

      It should work fine on Windows 3.11 running as a MS Basic program.

      Actually, one could write a simple batch command file and run it under MS-DOS 3.30 or something. Nobody will touch it, hence no need for GUI.

    5. Re:Such a nice, sugary story.... by Anonymous Coward · · Score: 4, Insightful

      Actually, an awk command could do the job, and create the plot for the remaining Star Wars movies.

    6. Re:Such a nice, sugary story.... by Tx · · Score: 4, Informative

      I feel for those workers; I had to train my replacement once, when the company I worked for was bought up by an American company, and the UK locations closed down. Fucking soul-destroying.

      --
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    7. Re: Such a nice, sugary story.... by Anonymous Coward · · Score: 5, Insightful

      Yes, but it's a blatant violation of the program to use people you employ to train the h1-b applicants. The program is there for when you can't find employees that are qualified. If they're able to train the replacements then they're clearly qualified to do the job.

    8. Re: Such a nice, sugary story.... by Anonymous Coward · · Score: 2, Interesting

      Okay, I retract my original statement... they were L1 temp workers, not H1-B, so it's not the same thing. Their wages were a lot lower for one thing.

    9. Re:Such a nice, sugary story.... by danbert8 · · Score: 5, Funny

      Where are the dead parents? That's what I want to know...

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    10. Re:Such a nice, sugary story.... by syn3rg · · Score: 5, Informative
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    11. Re:Such a nice, sugary story.... by walterbyrd · · Score: 5, Informative

      How is Disney worse? I think Disney only fired about 130 Americans.

      US tech companies hire tens, maybe hundreds, of thousands of guest workers. Often making American workers train their H1B replacements. At best displacing US workers.

      In 2009 Bill Gates sat before the US congress, and explained that the tech industry was suffering from huge shortages, and desperately needed more foreign guest workers. At the same time, Microsoft was laying off thousands of US workers.

    12. Re:Such a nice, sugary story.... by ruir · · Score: 3, Insightful

      MPAA, owning media outlets, copyright laws, movie cartels...are we sure we are talking about the SAME Disney?

    13. Re:Such a nice, sugary story.... by MitchDev · · Score: 5, Insightful

      They deserve a corporate "Death Penalty" for this, as does any corporation pulling this crap

    14. Re:Such a nice, sugary story.... by AmiMoJo · · Score: 4, Interesting

      I was in the position of being trained by such a person once. I wasn't an immigrant, but the guy had been demanding more and more money over the years and they decided to get someone cheaper in, which turned out to be me. He really wasn't interested in training me at all, and it was a nightmare. I hated it because I wasn't good at my job, because I had no training or knowledge of the company's systems. Lots of jargon and stuff outside my normal field to learn, which would have been fine if it were possible to learn. There wasn't even documentation to refer to.

      I left in six months. It's a shitty thing to do to both the old person and their replacement, and it never ends well.

      --
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    15. Re:Such a nice, sugary story.... by rnturn · · Score: 4, Insightful

      ``In 2009 Bill Gates sat before the US congress, and explained that the tech industry was suffering from huge shortages, and desperately needed more foreign guest workers. At the same time, Microsoft was laying off thousands of US workers.''

      And, no doubt, not a single one of those simpleminded Congresscritters called him out on the hypocricy.

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      CUR ALLOC 20195.....5804M
    16. Re: Such a nice, sugary story.... by Penguinisto · · Score: 4, Informative

      H1Bs instead need to be paid more than the prevailing wage for the position, the theory being that they will therefore not be favoured over Americans.

      Here's how it *really* works:

      First, realize that the largest two companies who hoover up H1-B visas are... companies HQ'd in India. Infosys and Tata, to be specific, who combined swallow the vast majority of the visas. They in turn offer their 'consultants' to companies like Disney on a contract basis. This in turn means that Disney actually pays way less per head... here's why:

      * The contractor status of each H1-B means that Disney no longer has to pay the 401k/insurance/regulatory/etc costs that they would have to pay an employee, thus cutting their base cost per head by roughly half.

      * To comply with your assertion (which is correct, BTW), Disney pays Tata/Infosys something like 110% of the typical posted (not actual, but "posted") salary for the job per head, thus fulfilling your requirement, but still saving Disney roughly half the cost per head or more, depending on what they were paying the guy that the H1-B replaced.

      * Tata/Infosys in turn pay their 'consultants' a pittance - say 50-70% of what they get - which generates profit for them.

      Now you may be thinking that the consultants are victims, but in reality they're not: In return, the H1-B 'consultant' comes here, busts his ass, and tries like Hell to find a means to stay here permanently. He doesn't mind the pittance, because he's after the opportunity to stay on after the contract is up. Failing that, he is still infinitely more marketable job-wise back in India once he returns, so it's all upside for him, in exchange for busting ass here.

      --
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    17. Re: Such a nice, sugary story.... by Anonymous Coward · · Score: 2, Informative

      The whole story of why we "need" H1-B workers is because we have a need for more workers in a specialized field. The American Reinvestment and Recovery act also specifically is supposed to stop this kind of crap.

      >The employer must, prior to filing the H-1B petition, take good-faith steps to recruit U.S. workers for the position for which the H-1B worker is sought, offering a >wage at least as high as what the law requires for the H-1B worker. The employer must also attest that, in connection with this recruitment, it has offered the job >to any U.S. worker who applies who is equally or better qualified for the position.

      >The employer must not have laid off, and will not lay off, any U.S. worker in a job essentially equivalent to the H-1B position in the area of intended employment >of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.

      This act is antithetical to the whole act. I really do not understand how this is still legal based on the above.

    18. Re:Such a nice, sugary story.... by rnturn · · Score: 3, Interesting

      I've trained my replacement before. Or I should say I trained my replacements before. My sysadmin job was sliced and diced to be done by multiple "teams". User account management? Separate team. Storage? Separate team. Backups? Separate team. You get the picture. Another admin and I conducted more than one online training session for each of these teams and those were followed up by two (count 'em!) in-person visits by several members of each of the teams. After my end date came around, the outsourcing company hired me on as a contractor (at about the same as I was making but I actually made out pretty well since the contract work was entirely remote and I had zero transporation costs). For the better part of four years I was still doing most of the work that was supposed to have been farmed out to these teams. Everything these teams were supposed to be doing was taking 2-3 times longer as tasks would sit and sit and sit in the queue until some manager got me involved. It was rather pathetic. Cost savings? Where? Well, I guess my previous employer didn't have to pay out my bonus anymore and I wasn't taking paid vacation time.

      --
      CUR ALLOC 20195.....5804M
    19. Re:Such a nice, sugary story.... by DigiShaman · · Score: 2

      Management's job should be to ensure institutional knowledge is well documented. If you only have one guy that could take down the system if hit by a bus tomorrow, that's a problem. Also, said person effectively holds the company by the balls as "irreplaceable". Job security is a bad thing when abused, as most often the case.

      --
      Life is not for the lazy.
    20. Re:Such a nice, sugary story.... by rwa2 · · Score: 5, Interesting

      How is Disney worse? I think Disney only fired about 130 Americans.

      My former co-workers said it mostly affected the QA and Load Test teams (I left a few months before it all went down while workload was up and morale was already low). Which is a shame, since those were things Disney really did well. There were a lot of times that someone from those groups would catch issues in a deployment before a release, or even help reassure us that things were working properly in production.

      Disney was on a big automation and accountability binge when I left, though. I can see why they'd want to outsource QA/LT to another company that they can point their finger at when things go wrong. When QA/LT is in-house, then (as TFA mentions) it's a big overhead and they only "save money" when things go right (but not in a way that actually hits the books). With an outsourced QA/LT firm, they can probably arrange things so they can charge the external vendor penalties when things go wrong and bugs slip through. Disney is clever like that.

      Anyway I feel sadly for my fallen comrades, but with all of the experience and grinding they did at Disney I'm sure they'll fall someplace better. I'm actually more worried about the health and sanity of the H1Bs. As TFA mentioned, it was the outsourcing company that was responsible for hiring and bringing on the H1Bs. What they didn't mention is that a lot of the in-house Disney QA and even Devs that we worked with are already in completely foreign offices in the Philippines, Mexico, and Argentina, working US office hours. So this isn't exactly news... just SOP after moving their new website from development/hypercare to sustainment.

    21. Re: Such a nice, sugary story.... by Rob+Y. · · Score: 5, Insightful

      You left out the best part. After all these savings, productivity drops precipitously. And it stays down, because what these Indian outsourcers are pushing (the one I worked with is Cognizant) is 'flexibility'. They tell the US company that they can provide a workforce that ramps up to handle any project you throw at them. But in order to do that, they 'train' a pool of workers and then rotate them off of the project. The result of this is that the workers on a project at any given time are by design never experienced in the particulars of the given system they're working on. They can provide absolutely no creativity to the process, and in fact, will spin their wheels on a wrong aproach for weeks before asking for help and revealing how little they know. They're only human, after all, and they've been thrown into a project cold and are being evaluated based on metrics that have little to do with actually producing working code.

      In our case, the outsourced projects included custom in-house platforms. And the Indian workers spent much of their time watching videos of us teaching the first round of them our jobs. I know this, because I was hired by the contractors to be the one 'employee' that actually knew how to do the work - and who did the lion's share of it. That's the other dirty secret - they hire a few key ex employees to maintain a semblance of continuity.

      Also, in our case, none of this really mattered. It turned out that the company was for sale, and the real purpose of the outsourcing was to make the financials look better for the sale to a private equity firm. The eventual buyers probably knew they were buying a dog - but not how much of a dog they were buying. Now that they've realized the extent of it, they're dropping their plans for an IPO and firing the rest of us so they can milk whatever profitability is left from existing customer contracts. The empty hulk will be abandoned when those contracts run out - and the private equity guys will have gotten their money back. Nothing lost - except a viable company and a bunch of American jobs...

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    22. Re: Such a nice, sugary story.... by rainer_d · · Score: 3, Funny

      Sounds like a sad Disney movie.

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      Windows 2000 - from the guys who brought us edlin
    23. Re:Such a nice, sugary story.... by chihowa · · Score: 2

      Management's job should be to ensure institutional knowledge is well documented.

      That's not flashy, takes resources away from more visible (to the manager's manager) tasks, and may not even pay off until after the manager has moved on to a better gig. Management's job should include a lot of things that management doesn't actually do because the incentives are structured so that there's no point in actually doing those things. (Which, of course, is a result of failures at even higher levels of management and so on...)

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    24. Re:Such a nice, sugary story.... by mr_mischief · · Score: 2

      Like many jobs that are best done with judgment and experience, a good human CEO will do a better job than a script. An average CEO, though, who just follows simple numbers gamed or made up by middle management? The script is probably a big savings in salary there. A poor CEO could probably be improved upon by software.

    25. Re: Such a nice, sugary story.... by blue9steel · · Score: 3, Funny

      Yes, but it's a blatant violation of the program to use people you employ to train the h1-b applicants. The program is there for when you can't find employees that are qualified. If they're able to train the replacements then they're clearly qualified to do the job.

      And so we'll all hold our breath waiting for the huge influx of federal agents who are going to swoop into Disney Headquarters, arrest the entire executive staff and cart away all of their equipment and correspondence as evidence. There will be perp walks and a massive parade of criminal trials where the lawbreakers will be given harsh sentences as a warning to any others who consider abusing the system. Oh wait, no rich people were harmed? Nevermind, it's all good.

    26. Re:Such a nice, sugary story.... by Maxo-Texas · · Score: 2

      https://books.google.com/books...

      http://www.vdare.com/letters/t...

      Here you go..

      A month ago, Kevin Flanagan, age 41, found out that he`d be losing his job at the Bank of America`s Concord Technology Center and be required to train his h1b replacement. That same day, he took his lifeâ"in the parking lot of his former employer.

      It wasn`t that Flanagan was surprised to lose his jobâ"he`d seen it coming for months, as his father told the paper. Flanagan had watched as veteran co-workers were forced to train newcomers from Indiaâ"then fired and replaced by the immigrants. One former employee told the CC Times that employees at Concord feel like they`re âoeon death row. Every day you think, `Is this the day I`m gone?` he said.â

      --
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    27. Re:Such a nice, sugary story.... by iceborer · · Score: 4, Informative
    28. Re: Such a nice, sugary story.... by Curunir_wolf · · Score: 2

      This act is antithetical to the whole act. I really do not understand how this is still legal based on the above.

      Easy. Disney is NOT replacing their employees - they are re-organizing a division by contracting for SERVICES. The actual "employer" is Tata or InfoSys or HCL. They hire H1-B workers based on some criteria that may be much different. Then they provide the bodies to do the work that replaces the Disney employees. It's basically a bait-and-switch, where Disney absolves itself of any responsibility for hiring. They lay off workers because they are not just paying someone else to provide "services".

      --
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  2. Gonna buy a ticket to Star Wars this December? by Anonymous Coward · · Score: 5, Interesting

    So how many "nerds" and information technology workers are going to reward Disney by buying tickets to see the new Star Wars movie this December? Wouldn't it be funny if their target audience boycotted the movie out of solidarity and it flopped?

    1. Re:Gonna buy a ticket to Star Wars this December? by gl4ss · · Score: 4, Interesting

      sure they are.

      if jar jar doesn't keep you away, if abrams doesn't, then nothing will.

      but well. I'm not american so I don't really care.

      the gist is though that isn't this incredibly risky for Disney? the government could cut down on the numbers of h1b's any year and then they would be boned.

      and the existence of companies like this should surely work toward doing limiting of h1b visas or at least who it is applicable to.

      though I suspect the point is that now the entire department IS dependent on h1b visa workers, so they can say that if they don't get them then they're boned.

      --
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    2. Re:Gonna buy a ticket to Star Wars this December? by vux984 · · Score: 5, Insightful

      the gist is though that isn't this incredibly risky for Disney? the government could cut down on the numbers of h1b's any year and then they would be boned.

      Therefore all but ensuring the government won't do it.

      though I suspect the point is that now the entire department IS dependent on h1b visa workers, so they can say that if they don't get them then they're boned.

      Precisely.

      Its 'too big to fail all over again' -- if you change the h1b quota you'll hurt us a lot, and in turn hurt the economy. It doesn't even matter that they deliberately put themselves in this situation just to be able to leverage the harm they would endure as a bargaining chip.

      Governement completely lacks the will to inflict any serious short term pain on large corporations right now.

    3. Re:Gonna buy a ticket to Star Wars this December? by Opportunist · · Score: 3, Insightful

      Hey! Buying cheap in foreign land is ok if you're a corporation buying workers, not if you're a peon buying goods!

      --
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  3. A dupe but can't be said enough by Crashmarik · · Score: 5, Insightful

    You can toss in So Cal Edison in the same bin
    http://www.computerworld.com/a...

    Now unless I misunderstand the law. H1-B is supposed to be for jobs Americans can't do. Tell me how a dept that is and has been doing the work is suddenly unskilled and unable to do the job but is able to train their replacements. Also if these people have the "Skills" why are they being trained by those they displace ?

    1. Re:A dupe but can't be said enough by BVis · · Score: 5, Insightful

      Now unless I misunderstand the law. H1-B is supposed to be for jobs Americans can't do.

      No, it's for jobs that businesses don't want to pay prevailing wages for. Why pay a native worker $100k and listen to them bitch about "work-life balance" and "not being worked to death", when you can pay an H1-B visa holder $65k and not hear a single complaint?

      Tell me how a dept that is and has been doing the work is suddenly unskilled and unable to do the job but is able to train their replacements.

      They're suddenly unskilled because some suit figured out that H1-Bs are a lot cheaper and easier to abuse.

      Also if these people have the "Skills" why are they being trained by those they displace ?

      They're not hired for their technical skills or coding ability. They're hired because they're cheap and easily abused.

      --
      Never underestimate the power of stupid people in large groups.
    2. Re:A dupe but can't be said enough by Anonymous Coward · · Score: 2, Interesting

      Somebody need to report the replacements to the authorities.
      H1B is for skilled workers. Since they come for training, and are not skilled, they may be in the US based on fraud.

    3. Re:A dupe but can't be said enough by BVis · · Score: 2

      Do you think the people making the decision to fire the native worker are afraid of that? No, the people getting shot are middle management, and they're almost as disposable as the H1-Bs.

      Thinking a big employer cares if you live or die beyond the cost to replace you is insane. Gun ownership is not a deterrent.

      --
      Never underestimate the power of stupid people in large groups.
    4. Re:A dupe but can't be said enough by walterbyrd · · Score: 2

      > Now unless I misunderstand the law. H1-B is supposed to be for jobs Americans can't do.

      You misunderstand the law. There is absolutely no requirement that an American cannot do the job. Hiring H1Bs to replace US workers is perfectly legal, and acceptable.

  4. So we have a lack of people with wha skills? by JoeCommodore · · Score: 4, Insightful

    So, we all have heard we have a lack of workers with necessary skills...

    Given that US citizens are now training these H1B workers with their job skills, what sort of skills were they lacking in order to justify the "need" for the imported skilled workers?

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
    1. Re:So we have a lack of people with wha skills? by a_n_d_e_r_s · · Score: 4, Insightful

      The skill to do a job with 2/3rds the salary and be happy about it.

      --
      Just saying it like it are.
    2. Re:So we have a lack of people with wha skills? by Trachman · · Score: 2, Insightful

      No, the skills and talents of US workers are fine.

      You are missing the point that H1B workers will get trained and will go back to India so that they could work remotely in many instances.

      The problem is that there is so many taxes, both direct and indirect, that it just makes more sense to assign a function, assuming it can be assigned, to the worker residing in India.

      Back in India, Walt Disney IT technician will be a specialist, will belong to the middle class, and will do fine with 50% of the US pay.

    3. Re:So we have a lack of people with wha skills? by N1AK · · Score: 4, Insightful

      The problem is that there is so many taxes, both direct and indirect, that it just makes more sense to assign a function, assuming it can be assigned, to the worker residing in India.

      You cant credibly just claim that taxes are the cause of every issue and expect it to be taken at face value. Do you really think that taxes are the only reason why Disney can save huge amounts by outsourcing from the US to India? Sure a combination of taxes, worker rights etc, combined with much lower living costs in India may justify it, but do you really want to slash the services provided by government and allow American firms to disregard worker safety and rights to the same extent as India, in the likely false hope that it will stop firms moving labour abroad where they can.

    4. Re:So we have a lack of people with wha skills? by StatureOfLiberty · · Score: 5, Insightful

      I think the problem isn't so much a lack of skills, but instead grossly overcharging for those 'skills' when there are obviously plenty of other people willing to do the work for cheaper.

      It's funny how that logic never seems to work for CEOs.

    5. Re:So we have a lack of people with wha skills? by gstoddart · · Score: 5, Insightful

      I think the problem isn't so much a lack of skills, but instead grossly overcharging for those 'skills'

      BULLSHIT!!!

      This is about people who worship "the free market" saying "fuck it, if we pay these politicians we can introduce externalities to change the market in our favor we can do this cheaper".

      This whole globalization crap is a race to the bottom where corporations exert political influence to basically decide they don't like the costs the market has decided on, and instead we'll get someone from a third world to do it for a fraction of the cost.

      This doesn't benefit anybody but the fucking corporations, and it's a terrible idea.

      That companies are so blatantly ignoring that H1Bs are intended to be used to cover skill shortages, not to drive down wages is appalling.

      This has nothing to do with people grossly overcharging for skills, or competition, or even the fucking free market.

      This is corporate interests manipulating the "free" market on their own terms to change the playing field in their favor. And it's about corrupt asshole politicians who are letting them do it.

      This is the exact fucking opposite of a free market. This is corporate welfare at the expense of societies, bought and paid for through lobbying creating global oligarchies to make sure everybody is in a race for the bottom.

      Save the world, shoot an MBA.

      --
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    6. Re:So we have a lack of people with wha skills? by Trailer+Trash · · Score: 2

      Sigh. Crony Capitalism is the antithesis of Free Markets. Always.

    7. Re:So we have a lack of people with wha skills? by sjbe · · Score: 4, Insightful

      In USA, probably 50% of federal tax dollars are wasted

      I suppose that depends on what you consider wasted. About 75% of the federal budget goes to Social Security, Medicare, Medicaid and Defense. Most of the rest goes to things you might consider valuable (like NASA) or something close to vital (like infrastructure). Your bridge to nowhere is a rounding error in the federal budget. It's simply not consequential in the big picture. Irritating and wasteful and gets trotted out as a soundbite but it's not a meaningful problem and is barely a symptom of one. 50% of the Federal budget wasted? I don't think so unless you plan to eliminate the defense department and stop providing health care to old people.

      Lastly, the government itself is telling that there is so much waste and inefficiency in healthcare in US, however, according to the law, healthcare payments are legally a tax.

      There is waste and inefficiency in healthcare because we have this ludicrous cobbled together "free market" system (that really isn't because of Medicare) that no sane person would have ever designed. We don't have a single payer system because a big portion of the US population has an allergy to the notion of the government actually doing anything because they have delusion that governments are never competent. Never mind the fact that virtually every first world economy long ago realized that a single payer system is actually the most efficient and effective system for treating illness because EVERYBODY gets sick sooner or later and traditional market economics don't really work. There is no force to contain costs in the US healthcare system. There are dozens of countries who have lower healthcare costs and better outcomes with the health system being run by the government.

      why don't we listen to the owners and managers of the companies that choose to transfer manufacturing and to outsource. Truth to be told outsourcing also takes place even within USA, jobs go where there are skilled people and to the places with the lower cost of living, which highly correlates with the taxes.

      I run a manufacturing company. Taxes are a very very minor reason why a company might choose to outsource. Labor costs are almost always the primary reason it happens, not taxes. Taxes are on a percentage of profits. Profits for most manufacturing companies are somewhere between 5-15%. This means taxes at worst amount to maybe 3-8% of revenue. Labor on the other hand is typically about 30-40% or more of the cost of manufacturing. Cut taxes in half and you improve profits 2-4% best case. Cut labor costs in half and you improve profits by 15%+ minimum. Labor costs are FAR more important than taxes even if the taxes were hypothetically set at 99%.

      Sticking head into the sand, and pretending that tax and regulatory burden is not part of the problem is very shortsighted.

      It IS a problem. But let's keep the scale of the problem in perspective.

  5. Fuck you Very Much, Disney. by geekmux · · Score: 5, Interesting

    Wow. Train your replacements. Bit like making the condemned sharpen the guillotine before they step up.

    Can't say I've heard of a dick move like that since FuckedCompany.com was tracking this sort of thing.

    And to think I was considering visiting many of your parks this year. With friends and family. I'll be certain to inform them all what a magical place you've become.

    Fuck you Very Much Disney. I hope your bottom line feels this shit. Have a Nice Day.

    1. Re:Fuck you Very Much, Disney. by Opportunist · · Score: 5, Informative

      Very obviously whoever made this smart decision never had to do a hostile takeover of an internal project. You get all the information you ask for, not one word more. You don't know what questions to ask? Wow, sucks to be you.

      I really doubt it will be any different in this case. They will give them all the information they have to relay to ensure they cannot be considered hostile, while leaving out everything that "they assumed that the new guy already had to know". It's just common sense, ya know? Everyone knows that. Ask around in the office, everyone will tell you that this is something you really don't have to spell out simply because it's OBVIOUS. It's not to your new hire? Gee, maybe you should have hired someone who knows his trade? Ok, I'll make sure the new tech will learn everything from now on and explain it all to him. Ok. Look, new guy. This here we call a hammer...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Fuck you Very Much, Disney. by cdrudge · · Score: 3, Insightful

      Wow. Train your replacements. Bit like making the condemned sharpen the guillotine before they step up.

      If you are going to get your head cut off regardless, you might as well make it as sharp as possible...

    3. Re:Fuck you Very Much, Disney. by bad-badtz-maru · · Score: 2

      It doesn't matter that the handoff is a mess because the mess never escalates to the point where it impacts the executive layer. The decision makers just beat on middle management and the new group to "make it happen". And it must work in the end, because if these sort of takeovers, which we know are an absolute mess, regularly resulted in any sort of serious negative business impact then I doubt they would be happening.

  6. Nasty loophole by Dog-Cow · · Score: 3, Interesting

    The contracting company can claim H1Bs are required because the current employees are not actually looking for jobs. And of course, quitting en mass wouldn't help because the H1Bs have already been approved.

    The employees should trash Disney's systems. Completely and totally cripple them. Using time bombs that trigger after they are certain to be gone. Blame can always be laid at the incompetent H1Bs.

    1. Re:Nasty loophole by sinij · · Score: 4, Informative

      Sadly, intentionally trashing systems on the way out is illegal and can lead to jail time but manufacturing labor shortage and manipulating H1Bs is not.

      On the other hand, pastebin leaks if done properly can be nearly untraceable.

    2. Re:Nasty loophole by Antique+Geekmeister · · Score: 3, Insightful

      Failing to document the detailed manual steps you never automated is, unfortunately, commonplace.

  7. The root of the problem by 140Mandak262Jamuna · · Score: 5, Insightful

    “The program has created a highly lucrative business model of bringing in cheaper H-1B workers to substitute for Americans,” said Ronil Hira, a professor of public policy at Howard University who studies visa programs and has testified before Congress about H-1B visas.

    By law the H1B should not be cheaper than hiring Americans. They need to demonstrate they are paying prevailing wages and that they have made good faith effort to recruit Americans. But the companies game the system thoroughly. They lobby the congress to create strict dead lines like, "if there is no reply from immigration side for 90 days the application is deemed to be approved" and they the congress cuts the budget and staff of the immig department. They pad up the qualification requirements on one hand, "degree in math/engineering, x years of experience in y technology blah blah blah", then on the payment side they name the positions that have low pay. Naturally they would not find qualified Americans willing to work at that pay.

    The way around these issues should be to create some sort of bounty program. Let the government crowdsource it. Make these H1B applications and the documentation supplied by these companies public. Any one should be able to challenge and point out the "gaming". There should be some sort of reward for people who catch them cheating. There should be some safe guards against frivolous challenges, and this program could be revenue neutral by making the cheaters pay for this by fines.

    In some fields in some ways H1-B applications are legitimate. People who come to USA, get a degree from accredited US university who work in the field they got their degrees in are not to be confused with these body shopping companies that import people with degrees from diploma mills in India. Indians who came in the early 1990s with degrees from top univs like IITs, IISc, TIFR, AIIMS, RECs and got further degrees in US universities earned the good will and the reputation for Indian engineers. Now all that is being squandered by these cheap body shoppers gaming the system bringing ill-repute to all Indian Americans.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:The root of the problem by NotDrWho · · Score: 5, Insightful

      By law the H1B should not be cheaper than hiring Americans.

      Two points:

      1) The law doesn't mean jackshit if it's not enforced

      2) H1-B's aren't hired just for their cheaper salaries. They also come with a number of other perks. For one thing, they are indentured servants, meaning they can't leave your employ no matter how badly you treat them. If they quit or try to go somewhere else, they lose their visa. They also, as a whole, help keep the salaries for American citizen workers held artificially low. After all, no one is going to ask for a raise if they know you can replace them with an H1-B.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    2. Re:The root of the problem by Diss+Champ · · Score: 4, Insightful

      A very simple solution, which will of course never be passed:
      Require each company to pay an extra $100k tax/year for each H1B worker on their payroll. This tax not to be offsetable by deductions or credits.

      This means that except for cases where the H1B actually has a special in-demand skill that can't be found otherwise, it will not be wise to hire H1B instead of others.

      Of course, it doesn't fix the problem of simply moving the jobs out of the country.

    3. Re:The root of the problem by Pulzar · · Score: 2

      2) H1-B's aren't hired just for their cheaper salaries. They also come with a number of other perks. For one thing, they are indentured servants, meaning they can't leave your employ no matter how badly you treat them. If they quit or try to go somewhere else, they lose their visa.

      That is not true. H1-B holders are free to switch jobs. They can't just quit and stick around in US, but they most certainly can transfer their visa to another job.

      --
      Never underestimate the bandwidth of a 747 filled with CD-ROMs.
    4. Re:The root of the problem by tlambert · · Score: 2

      That is not true. H1-B holders are free to switch jobs. They can't just quit and stick around in US, but they most certainly can transfer their visa to another job.

      There is no such thing as an H1-B transfer.

      What actually happens is the new employer files a new H1-B petition, they just don't have to worry about the H1-B cap restriction. The filing is required to inde copies of the most recent 3 pay stubs (i.e. do not expect it to work if you have not worked in the U.S. for at least a month and a half), a copy of the most recent for I-797, a copy of all pages of their passport, a copy of their form I-94, a copy of their current visa stamp, a copy of their latest resume, their social security card, previous approval notices, degrees, diplomas, transcripts, mark sheets, and all work experience letters (the previous employer may not cooperate, which can be a pain), offer letters, and relieving letters.

      It's a pretty big deal, and since they have 30 days from end date at the pervious job to get everything filed, it can be a pretty tight fit in terms of process.

      The new employer generally requests to extend the status at the same time, so that they don't lose the employee prematurely due to the old expiration date.

      So:

      (1) Yes they can switch jobs

      (2) It's generally about as much fun for them as an intestinal parasite

      The typical way this gets handled instead is that your brother in law, who already has his green card, starts a small contracting agency, hires you as a contractor, transfers you to the U.S. as a job transfer after getting you an H1-B, and then whoever you work for is actually paying your brother in law, and how big a cut of it you get really depends on how much your brother in law likes you, and whether or not his sister is capable of bullying him.

      But the cost to a company like Disney to contract out to the brother in law is generally *above* prevailing wage to cover agency costs, and then whether or not you actually get that, you get it on paper, and then usually there's an under the table kickback to the brother in law.

      So H1-B workers tend to get less than prevailing wage, but it generally does not depress the wage of U.S. workers because the companies who contract their services indirectly tend to be paying a premium.

  8. Age discrimination by AntronArgaiv · · Score: 3, Insightful

    The 57-year-old project manager and software developer. His boss said he was doing a great job. Now, he's replaced by an H1-B with limited English. Yeah. I can't blame Disney for doing what they need to do to make their bottom line look good, but if this wasn't illegal, I don't know what is. I guess I'm just glad Disney doesn't make software for aircraft or medical equipment, because the quality they're going to get from these H1-B workers is going to be proportional to what they're paying them.

  9. Americans Keep Chasing a Ghost by goruka · · Score: 4, Interesting

    They keep thinking their jobs are lost due to H1Bs, or due to Indians being hired overseas when the company opens a branch there.
    Truth is, that jobs are lost at a much higher level because American management nowadays hires foreign contractors, but this is invisible to blue-collar workers.
    Contractors are the easiest way to outsource, because a cheaper price is offered over a proven track record. It's as simple as that.
    I run a company overseas that gets contract work from American companies, which recently fired 1000 American employees because they would rather outsource the job to companies like mine.

    But even though that is the most common case scenario, you won't see that in the news. If 1000 Americans were fired and replaced by H1Bs instead, then it would be all over the American news sites and everyone would be outraged.

  10. Re:Quit ASAP, the severance isn't worth it by geekmux · · Score: 2

    Hedge your bets: keep working/training but look now.

    If you get an offer try to negotiate a start date after your release date to grab the severance... but consider that you need to beat your fellow soon-to-be-unemployed colleagues to the remaining jobs in the area, so the few weeks pay is not really worth it.

    Too bad all the local employers know what is going on and the well is somewhat poisoned.

    If the well is poisoned, then the only logical answer is to not have a handful of employees quit ASAP, but every fucking one of them.

    A strike would perhaps send a ripple back through this entire H1-B bullshit and put and end to the loopholes being gamed.

  11. How can they legally do that? by pla · · Score: 5, Interesting

    The U.S. tech workers are required to train their replacements before vacating their jobs, or risk losing severance benefits

    I'll start by saying, I have no shortage of cynicism and this doesn't surprise me in the least. So I know, "legally" doing this and "no one cares" don't mean the same thing.

    But in order to hire H1Bs, I thought a company needs to demonstrate that they have advertised locally for the positions and can't find any sufficiently qualified people to take them. The fact that they have laid off their existing staff (a pool of local people willing to do the work), and the existing staff has sufficient skills to actually train their replacements, seems 100% antithetical to the conditions required for a company to hire H1Bs.

    Any IAL's want to comment on how Mickey can get away with this?

    1. Re:How can they legally do that? by Virtucon · · Score: 2

      getting away adding years to copyright law

      They're not getting away with it. They're buying congressmen and senators who pass laws protecting the Mouse and its assets. The lobbying is one aspect but nobody in DC will stand up to Disney is because of the propaganda machine and media empire they've built up. Let's not forget who owns ABC, A&E and a host of other networks, movies and entertainment property.

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
  12. Re: Why isn't this illegal again? by sycodon · · Score: 5, Insightful

    The problem is that the government is influencing the market by allowing companies to pay these people less by virtue of their immigration status. A H1-B is sponsored by a particular company. They can't just quit and go find a better paying position when they are abused/under paid/etc.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  13. Better Idea for Disney by bkmoore · · Score: 5, Funny

    If Disney wants to boost profitablity, they should bring in an H1-B replacement for Robert Iger. I'm sure they could find lots of qualified candidates from India or China who have experience managing an organization the size of Disney and who would be willing to do the job for less than 46.5 million dollars per year. Replacing this one employee would have a larger savings effect than replacing the entire IT staff, while allowing the IT staff to continue innovating and making Disney run smoothly. As a gesture of corporate good will, Disney could allow Mr. Iger to continue working at a theme park as a cast member, preferrably wearing the Goofy costume.

  14. Probably not H1-B, but L1 by Pulzar · · Score: 5, Interesting

    The author of the article is guessing (*) (and presenting it as a fact) that they are on H1-B visas, since they happen to be unpopular... Most likely, though, these are L1 visas, used by foreign companies with offices in US to do intra-company transfers.

    The L1 visa has no caps and no requirements for prevailing wages, and makes it much easier to bring in foreign workers into US.

    (*) - http://www.computerworld.com/article/2915904/it-outsourcing/fury-rises-at-disney-over-use-of-foreign-workers.html

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  15. Re:Be the damned day by RabidReindeer · · Score: 2

    I have to train my replacement because they're laying me off. I'd tell them to kiss my fucking ass.

    This is the 21st Century USA. Most people are living so close to the edge already that they NEED that money they'd get while training their replacement, just like they'll GLADLY sign the no-badmouthing contract to get the severance pay.

  16. Re: Why isn't this illegal again? by Anonymous Coward · · Score: 2, Interesting

    Why should this be illegal? Protectionism creates a selective advantage for the protected workers but makes the workers complacent and makes the company less competitive over time.
    I'm a freelance tech worker, and I neither have nor want protection from foreign workers. I compete and add more value.

    This is funny because the author doesn't realize he's the same as a foreign worker, that is, he's part of the problem. As a freelancer you make it cheaper for companies to hire from without because you don't have the same overhead as an employee. That's fine, your willing to take less it's your prerogative (less than what it costs for an employee or what a outsourcing company would charge). Fact is I've worked for companies that relied on outsourced "talent" and I've discovered that whether native born or imported, neither a particularity good job with software. It's mostly because they think their code don't stink, but they haven't had the pleasure of supporting their own code. You employees know what I'm talking about.

    No, by and far the only reason many freelancers get hired is because they claim to be early adopters of new technology and business don't want to give employees the time to learn anything new. Investing in your employees is like a rainy day fund, it eventually pays for itself.

  17. They laid off workers should have unionized by schwit1 · · Score: 3, Interesting

    If they did this as a group upon being notified of the layoff they could have negotiated a better severance package. It may also have gotten the NLRB involved.

  18. Kink in the loophole by jbeaupre · · Score: 2

    The H1B replacements can't be said to fit the requirements of the job if they must be trained.

    --
    The world is made by those who show up for the job.
  19. Let's fund them! Screw Disney by ripvlan · · Score: 3, Interesting

    We could create a GoFundMe for the laid off US workers to make up for lost severance. Then let them walk !!

  20. From a Disney employee by Muntzsky · · Score: 4, Informative

    ...whom I'm friends with, they say that of the 250 notified, only about 50-60 left the company because most were able to stay in the same field/department. The reason for the staff change is for a large system replacement being provided by an Indian software company. The people who left were maintaining very old systems that needed replacement...we're talking green screens here. Now, I'm not saying I agree with the concept of the hard push for increasing H1-B employees in the US, but there may be more to the story than what was presented in the article.

    1. Re:From a Disney employee by Virtucon · · Score: 2

      It's Wipro, Tata or Infosys coming in and pushing the lower cost of labor hype. Rather than invest in retraining or letting the staff grow into new positions they'll just axe them because it's the MBA way of doing things.

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
  21. Why is this news? by walterbyrd · · Score: 4, Insightful

    As a US tech worker, I am glad to see this getting some attention. But, I am also a little puzzled as to why this is getting so much attention.

    This sort of thing has been going on in IT for decades. In recent years, the trend has accelerated significantly. In 2009 Bill Gates sat before the US congress, and explained that the tech industry was suffering from huge shortages, and desperately needed more foreign guest workers. At the same time, Microsoft was laying off thousands of US workers.

    BTW: US workers are naive to think they can solve this problem by raising public awareness, or by voting. The only way to solve the problem is to organize and fight back. But, I doubt that will happen, especially tech workers.

    1. Re:Why is this news? by CaptainDork · · Score: 2

      The basic problem is that IT is not wizardry. I think we have more goddam IT than we do welders.

      IT used to be an elite position, but that jewel has lost its luster.

      America is losing tech jobs just as it lost textiles and shoes.

      Time for that workforce to go obsolete and retrain for something else.

      --
      It little behooves the best of us to comment on the rest of us.
  22. Re:Probably not L1 by Pulzar · · Score: 2

    In this case, it's unlikely to be the L1 visa. Back when I had one, the L1 was sub-titled as the "executive transfer visa".

    There are actually two sub-categories -- L1-A, and L1-B. The L1-A is the "executive" one, which is harder to get and carries great benefits (such as getting a green card fairly quickly).

    The L1-B is the "run of the mill" corporate transfer. It's fairly trivial to get, and is often used even for very temporary work (i.e. bringing somebody in for a week from a foreign office to help out with silicon bring-up).

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  23. Re: Why isn't this illegal again? by Anonymous Coward · · Score: 2

    Except that you missed a few huge points dipshit. The government requires that anyone filing self employment taxes will have to have Form 1080s from at least two different companies. This ensures that the freelancer in question is an entrepreneur, not someone being taken advantage of by an evil company that just wants to pay them less and avoid having to pay employment taxes and benefits for someone who should be classed as an employee.

    People do freelance work because they want to and can make a good living at it. It's people taking advantage of natural market conditions to attempt to start their own small business to help control market prices through natural competition. This is a good thing and helps everyone. As a consultant doing freelance work, I actually make more per hour than I do at my day job as a software engineer. Just because you work for a company that hires incompetent domestic independent contractors to try and avoid taxes doesn't mean that all independent contractors are incompetent. I've found a lot of very competent people in my field doing consulting work on the side.

    H1-Bs are people imported in from half a world away to perform the same job you do at a fraction of the cost to the company who's replacing you. The H1-B program is artificial and harmful to the market and economy in general. Require them to get regular work permits and/or green cards if they are people who really want to come here for a better life and become US citizens. Even if they don't want to stay they still should be accorded the same fair market value for their work. H1-B is a very specific and restrictive form of work visa that is being abused by a lot of companies. Some, like mine, have a couple of H1-B workers, but I know for a fact we pay them well and treat them with respect. For one, we even sued the guy's previous visa sponsor because he was worth employing and wanted to be here, and his previous company was being total dickbags. I've found that this is an entirely uncommon approach, though.

    On the flip side, I've seen H1-Bs that are totally incompetent and are probably being paid and abused proportionally to the shitty work they do. Many companies are catching on to this. It's more expensive in the long run to fix the fuckups, especially for a company in a field where sensitive information gets stored and a data breach can be potentially devastating to millions of people.

  24. Re:Why isn't this illegal again? by walterbyrd · · Score: 5, Insightful

    > Oh, don't think "union" like other professional groups. IT skills are not anything that can be unionized

    Why not?

    Other professions, like medical doctors, are organized, and it works for them. It works like all hell.

    Ask yourself why the US has not flooded the market with foreign physicians? Ask yourself why the wages for physicians have not been crushed?

    The reason is: doctors have organized, raised money, and lobbied congress. They have become a protected group.

    Tech workers could do the same. But they won't. US tech workers would rather, pointlessly, send links to articles to one another; and then gripe that nothing ever changes.

  25. Re: Why isn't this illegal again? by Junta · · Score: 5, Insightful

    It should be illegal because the point of H1-B is 'we can't find local skill to fill the position, we had to go overseas to get it'. The fact that you already *have* the skills and are laying them off to *replace* with H1-B workers means you are violating the intent of the H1-B program.

    With respect to protectionism, having a coporate 'sponsor' for your VISA means handing a corporation unreasonable power over that guest worker. This weakens their negotiating power if the general market conditions suggest they are not as well compensated as other companies do. It's one thing if they would be as empowered to quit their job without fear of deportation as the person they are replacing. This is a factor that makes H1-B holders stay cheaper than their non-H1-B counterparts, even when they should be on a level playing field when working in the same geographic location.

    --
    XML is like violence. If it doesn't solve the problem, use more.
  26. Re: Why isn't this illegal again? by kilfarsnar · · Score: 2

    Why should this be illegal? Protectionism creates a selective advantage for the protected workers but makes the workers complacent and makes the company less competitive over time. I'm a freelance tech worker, and I neither have nor want protection from foreign workers. I compete and add more value.

    This should be illegal because, as far as I understand the law says H1B's are supposed to be for workers with skills not found in the local population. However, these workers seem to be doing the same job as Americans, seeing as they are being trained by the Americans they are replacing. So I don't see how these people can claim to have some special skill set.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  27. Only one way to fix the problem by walterbyrd · · Score: 5, Insightful

    Forget about "raising public awareness" public only cares about issues that affect them directly.

    Forget about voting the problem away: about 99% of politicians favor more guest workers.

    We need to organize.

    Consider the following situations:

    1)
    Management: train your h1b replacement before we fire you, or you do not get a severance, or a good reference.
    Worker: I guess resistance is futile.

    2)
    Management: train your h1b replacement before we fire you, or you do not get a severance, or a good reference.
    Everybody at the company: you try to pull that bullshit and we all walk out right now.
    Management: okay, never mind.

  28. Re: Why isn't this illegal again? by Algan · · Score: 3, Insightful

    Sorry, but there is no way you can "apply like everyone else". If they scrap the H1B -> GC path, what's left either marry a US citizen, the GC lottery, invest $1M and create 10 jobs, or be a Noble prize laureate. US does not have a points based immigration system like Canada or Australia.

    --
    If con is the opposite of pro, is Congress the opposite of progress?
  29. Re: Why isn't this illegal again? by kilfarsnar · · Score: 5, Informative

    You can pretend to know something about me if you want, but actually I'm only part of the problem for people who are afraid of competition. And no, I don't get paid less than the employees - I get paid more. Always. Because I'm good.

    How nice for you. I guess we should all just become superstar consultants and we wouldn't have a problem. Can everyone be in the top 5%? I'm thinking that's not possible.

    You come off as pretty arrogant; basically telling people that if they didn't suck so much and were more awesome like yourself, they wouldn't care if people were trying to undercut their wages by making them compete with desperate people willing to settle for much less, because companies would just throw money at their awesomeness. I'm glad companies throw money at your awesomeness, but you seem to have an advanced or rare skill set making your example inapplicable to many other situations.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  30. Re:the corps are abusing L-1 and B visas more by mix_left_and_right · · Score: 2

    oops--this was the comment I meant to link: http://www.jdunderground.com/o...

  31. Allow me to respond from the perspective of an Exe by Xaedalus · · Score: 4, Interesting

    These are all well and good valid points, but allow me to respond from the perspective of an Executive, as I'm privy to quarterly and yearly financial reviews at the company level. Labor is the single biggest cost driver of most any American company. And it keeps growing year over year. At one IT company I worked for, labor costs grew anywhere between 6 and 10% per year, and that was with relatively high turnover in entry-level jobs. The drivers of these costs were the experienced senior personnel who are with the company for years, who negotiate for and get the bonuses and raises they arguably deserve. They also tend to manage to negotiate to be at the top of the pay scale for their profession/age/region. All good, right? No--because of wage creep. Wage creep means that because salaries must always go up for retained employees, labor costs must always go up. And companies are forced to decide between increasing labor load per employee to unmanageable levels, raising their product/service pricing above and beyond an acceptable level of inflation that the market will allow, or finding any legality/loophole they can to reduce headcount through layoffs, outsourcing, and bringing in H1Bs. As overworking employees tends to lead to poor morale and people leaving for greener pastures, increasing headcount means increasing COGS and OCOGS beyond what current revenues and profit margins will allow for, often the only alternative is to go to the Indian contracting houses and outsource IT personnel because middle-aged experienced native IT people are a massive cost center to the company. And that's not even taking into account the "good enough" expectations of clients who don't need perfection in their expectations of the product/service being delivered, or the banks who monitor the company's EBIDTA because they provide the operational cash flow, or the Wall Street analysts that work for momentum stock-preferring investment houses and watch expenses like a hawk, and whose recommendations or condemnations can trigger hordes of angry calls by shareholders straight to the CEO--and let me tell you, the REAL power in America is concentrated in the shareholders. You, me, everyone who has a 401K or stock options or owns stock, we demand growth at all costs. There's a poster downthread who talks about how legal laws will bow to economic forces and that this cannot be stopped. That poster is right--this process CANNOT be stopped. The days of American IT workers commanding above-average salaries for their work are numbered and fading away. This change is coming, it cannot be stopped, and it doesn'lt matter that many of the big employers lied to get this. This would have come regardless. Change IS happening, but it's not necessarily the fault of big bad CEOs and faceless Mr. Smiths--it is the turbulence of the world at play.

    --
    Here's to hot beer, cold women, and Glaswegian kisses for all.
  32. Re:Why isn't this illegal again? by Coolfish · · Score: 2

    > Tech workers could do the same. But they won't. US tech workers would rather, pointlessly, send links to articles to one another; and then gripe that nothing ever changes.

    I think tech workers tend to be more wary of unionization for various reasons. They tend to focus on the unions everyone knows - auto workers, service industry, that sort of thing, and scoff. They ignore that there are defacto unions for professional engineers, architects, doctors, lawyers, that all serve to regulate, license, and thus protect their industry. Those people are all unified within their professional groups, whereas a software developer might look at a designer or sys admin as not really on the same team - so why would they band together?

    I also get the idea that being part of a union is something that tech people generally are afraid of. They fear that the union leadership will saddle them with bullshit, or they'll get drawn into debates/arguments that they're not part of. They might feel that a union is out of touch, or would be too unwieldy.

    Then there's the idea that unions are old school. We have computers, we're tech people, why go old school with a *union*? After all, if you're making a decent wage, do you really care if someone else is getting the shaft? It's a shortsighted position, but stories like this make it a little bit more obvious that things may change relatively quickly for anyone.

    I think these issues could be addressed if the union was redesigned. No elections for union "leadership", but more direct democracy. Representatives could be chosen via sortition, and then the randomly selected would be tasked to figure shit out, with the membership eventually voting on any and all proposed rules. All of this would have to be done online, and would require complete transparency. It would require quite a bit of tech that hasn't been built yet. If only we could get some people together to figure this shit out..

  33. IT skills are not anything that can be unionized? by rnturn · · Score: 2

    I worked for a major aerospace company back in the early '80s and at least part of the IT operation there was unionized. So it can happen or at least it could before money equaled speech.

    --
    CUR ALLOC 20195.....5804M
  34. But nobody said you have to train them *correctly* by gestalt_n_pepper · · Score: 3, Funny

    A subtle mistake in a script. A few well placed words in some documentation that nobody will read for a few months to a few years and POP goes the server security. (*Cough* SONY *Cough, cough*).

    Plausible deniability. It's what's for breakfast!

    --
    Please do not read this sig. Thank you.
  35. Re:Allow me to respond from the perspective of an by Rob+Y. · · Score: 3, Insightful

    You leave out the other obvious alternative. Accept that your long-time developers are adding something irreplaceable to your company - and instead of thinking of them as an ever-growing drain, consider them your partners and accept that they deserve to be well compensated for the depth of company-specific knowledge they've acquired over the years. More, probably, than you - who were probably brought in to manage the company well after many of them.

    H1-B workers are good only to the extent that they are treated the same way your existing long-term workers are. And that they themselves become long term - and gradually more expensive. Training these cheap workers entails a productivity hit. And if you don't keep them and grow them, you will never have a next generation of senior developers to carry your company forward. This system of 'managed, intentional turnover' may keep development costs down, but it is suicidal for the company. And it only works for managers that themselves plan to move on before the whole house of cards collapses. But if you must, blame 'the turbulence of the world' if you think that justifies your sociopathic view of it...

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
  36. Re:Allow me to respond from the perspective of an by fluffernutter · · Score: 3, Insightful

    If you can't keep up to your labor costs as a company, capitalism indicates you should dissolve and that other companies fill your place. If this happens with regularity and the economy is properly healthy, the people who used to work with you will not have trouble finding other jobs because many other companies will fill your place. These new companies may even form in other locations and distribute themselves where the workers are. Instead, the government insists on creating loopholes to keep you going which benefits less and less people over time. I don't really blame you for taking the handouts you are getting, but let's just call a spade a spade.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  37. H1B proponents bullshit. by Thud457 · · Score: 3, Informative

    The U.S. tech workers are required to train their replacements before vacating their jobs, or risk losing severance benefits

    SOOOooooooo.....
    They can obviously find Americans who can do the jobs.
    So why do they need H1B workers ?


    Only takes one disgruntled employee to burn the whole place to the ground.
    Just sayin'...

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    1. Re:H1B proponents bullshit. by CronoCloud · · Score: 4, Funny

      Mumbles something about my red stapler and big grains of salt on the margarita

  38. Re:Allow me to respond from the perspective of an by ranton · · Score: 4, Insightful

    At one IT company I worked for, labor costs grew anywhere between 6 and 10% per year, and that was with relatively high turnover in entry-level jobs. The drivers of these costs were the experienced senior personnel who are with the company for years, who negotiate for and get the bonuses and raises they arguably deserve.

    This appears to be a very short-sighted way of looking at the cost drivers of this company. The real cost driver is that your labor requirements have been increasing each year, and instead of hiring more entry level workers you have invested in experienced staff that can improve company efficiency. If done well, these experienced workers can reduce your hiring needs by far more than the meager 6-10% raises they have been given. If done poorly, you are wasting those raises on ineffective senior level employees.

    Wage creep means that because salaries must always go up for retained employees, labor costs must always go up.

    Wage creep is similar to scope creep; a small amount is inevitable but proper management can keep it mostly at bay. If someone's wages are going up faster than inflation, they better be bringing more value than they did last year. Paying people more just because of seniority is idiotic. But seniority usually comes with increased knowledge of a company's business processes which does make them more valuable, so increased seniority usually comes with deserved raises above inflation. But your total wages should only go up if your total labor requirements go up. If labor requirements don't go up, and your senior employees are getting better at their jobs, it means there should be corresponding terminations to lower wages because you don't need as many employees anymore.

    --
    -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
  39. Re:We hired two H1Bs by EmagGeek · · Score: 2

    What's worse, I promise you that a larger company that has made enormous campaign donations to certain politicians does not have to jump through all of those hoops.

  40. Strike by sexconker · · Score: 2

    All they have to do is strike. They can't be fired while striking, and if there's any hint of punishment for striking they'll get a much bigger payday than their severance package.

  41. Re:Cue the smug slashdot chest-thumping by CaptainDork · · Score: 2

    Those comments didn't show up.

    Fail.

    --
    It little behooves the best of us to comment on the rest of us.
  42. Re:Allow me to respond from the perspective of an by Thelasko · · Score: 4, Insightful

    There's a poster downthread who talks about how legal laws will bow to economic forces and that this cannot be stopped. That poster is right--this process CANNOT be stopped.

    I can't disagree with this statement more. Business is about competition. Companies play these games because if they don't, their competitors will. If you make it illegal, and enforce it, the competitive landscape remains level. Everyone's costs go up. Sure, the costs will get passed on to the consumer. However, the company won't lose business, or market share won't be impacted.

    The only downside is the risk of imported "goods" (I use this term loosely as it could be a service as well) from a competitor based overseas. We saw this in the manufacturing sector in the past. However, I'm not sure that would apply to other fields.

    --
    One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
  43. Then allow the market to handle this wihtin law by aepervius · · Score: 2

    "The days of American IT workers commanding above-average salaries for their work are numbered and fading away. "

    If it was TRULY the case, then company would not need to use tricks to bypass the law and outsource outside. What would happen is company STOP hiring worker at that price, forgoing the task to be done, and would let wage drop down and would yell "too many worker ! Too many worker!". But this NOT what is happened. At the same time as they are yelling "not enough worker !" to get H1B, they pretend like you that local people are too expansive. And this is where they show their true reason. The *SOLE* reason is that US worker are too expansive, and they perfectly know very well there is no shortage of them.

    And by abiding to the company having lot of H1B and not showing the door to the company asking for more H1B, the US government show perfectly clearly who they are doing governance for : not for the people, but for the companies. Well thanks for clarifying that to us.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  44. I'm no fan of H1-Bs but... by Radical+Moderate · · Score: 2

    some people are just paranoid control freaks. I worked with a guy who was always worried about losing his job-which he was quite good at--and getting him to share knowledge, passwords, etc could be excruciating. And this was a unionized, government position, he was about the last person who should be worried about getting canned.

    --
    Never let a lack of data get in the way of a good rant.
  45. Re:Allow me to respond from the perspective of an by Curunir_wolf · · Score: 2

    Labor is the single biggest cost driver of most any American company. And it keeps growing year over year.

    That's funny, because wages have been pretty stagnant for more than 20 years.

    At one IT company I worked for, labor costs grew anywhere between 6 and 10% per year, and that was with relatively high turnover in entry-level jobs.

    How does the labor cost compare to revenue? You can't just look at it in isolation like that. Also, if you have high turnover in entry-level jobs, you're doing something wrong. What does the retention policy look like. High turnover is very expensive for most companies. You should be looking at that, now how to get more out of low-level labor for the same pay.

    The drivers of these costs were the experienced senior personnel who are with the company for years, who negotiate for and get the bonuses and raises they arguably deserve.

    "Arguably" being the key term. If you're not getting a return on the investment for those bonuses and raises, why are you handing them out? If you are getting good ROI, then what's the issue?

    They also tend to manage to negotiate to be at the top of the pay scale for their profession/age/region. All good, right? No--because of wage creep. Wage creep means that because salaries must always go up for retained employees, labor costs must always go up.

    Why? As mentioned, retention is cheaper than turnover. There is no reason to continue to keep your employees "at the top" if they are not providing good value for the company. If they are at the top working for you, they will probably have a hard time getting more at other companies coming in off the street, so you can limit those raises, or at least make sure the increase are justified by increase value / revenue.

    increasing headcount means increasing COGS and OCOGS beyond what current revenues and profit margins will allow for,

    Why are you increasing headcount? Is it because the company is growing? Then why do you complain about sharing increased profits with the workers that are generating it for you?

    often the only alternative is to go to the Indian contracting houses and outsource IT personnel because middle-aged experienced native IT people are a massive cost center to the company.

    What a short-sighted bunch of bullshit. You're an executive? Well you suck at your job, and doing this is going to hurt your company, whether you are too ignorant to realize it or not.

    You, me, everyone who has a 401K or stock options or owns stock, we demand growth at all costs.

    So now you have growth, but it's better to cut your employees (who are doing the work) not only out of the growth, but out of any compensation at all for helping you get there. Then you hire these young, inarticulate buffoons to run the front lines and, guess what? Now you're bleeding customers.

    The days of American IT workers commanding above-average salaries for their work are numbered and fading away. This change is coming, it cannot be stopped, and it doesn'lt matter that many of the big employers lied to get this. This would have come regardless. Change IS happening, but it's not necessarily the fault of big bad CEOs and faceless Mr. Smiths--it is the turbulence of the world at play.

    Actually, from your description of your management style, it is absolutely your fault, because you can't see how harmful these practices are to your company's long-term survival. Today you're replacing US working with cheap foreign labor. Tomorrow your (now shitty) company is replaced by cheap foreign goods and services.

    --
    "Somebody has to do something. It's just incredibly pathetic it has to be us."
    --- Jerry Garcia
  46. Re:But nobody said you have to train them *correct by gestalt_n_pepper · · Score: 2

    I agree, however, I see no reason to give them any more courtesy than I receive. Moreover, there isn't any real solution to the problem as long as the world is moving to it's final form (i.e. transnational oligarchy), prior to the world's inevitable resource collapse (hydrocarbons, phosphates, water). This will "solve* the problem, but not in a good way.

    --
    Please do not read this sig. Thank you.
  47. Re:Lowering labor costs is nothing new by gstoddart · · Score: 2

    Exactly what did you think a "free market" actually is?

    A complete fucking lie.

    There never has been, and there never will be a free market. It simply can't exist.

    I think when the rules of your "free market" are open for sale to the highest bidder, what you have is a corrupt system which starts with the premise that what is good for corporations is good for the country, but ends up exactly where we are ... a corrupt oligarchy.

    I think entities will always lie, cheat, and steal to the extent they can get away with, and cutting regulations on them in an asinine ideological position which has repeatedly been proven false.

    I think all the bullshit lies we've been fed over the last 3 decades about how cutting corporate taxes would benefit us all, despite zero evidence to support that claim, is such a giant scam it isn't funny.

    I think extending copyright terms for douchebag corporations like Di$ney has more or less allowed them to hoodwink us to maximize their profits but generally fuck over everybody else.

    I think the claim H1Bs is to cover is a skill shortage is a complete lie.

    I think people who claim the free market exists, and that it is some perfect ideal are drooling idiots who lack proof.

    So, jack up the taxes on corporations, put copyright back to where it was before Di$ney bought an extension, stop pretending that the profits of a corporation in any way help the rest of us, and stop allowing lawmakers to pass laws which hands to keys to the kingdom to corporate assholes who give us nothing in return.

    It's time we stopped pretending that what is good for corporations has direct benefit to the rest of us. Because that's been provably false for a long time.

    --
    Lost at C:>. Found at C.
  48. Re:Why isn't this illegal again? by AF_Cheddar_Head · · Score: 2

    Tech workers are anti-union because they all believe they are above average and that having a union will drag down their wages to the average. They don't realize that employers are taking advantage of their pig-headedness.

    News Flash: Unions can bargain working conditions and leave salaries to individuals. Working conditions can mean no more exempt employee bullshit, no more arbitrary changes to 401K programs, no arbitrary changes to vacation policies when a company is bought out, etc. etc. etc.

  49. Re:Allow me to respond from the perspective of an by stackOVFL · · Score: 2

    I hope your bottom line does not depend on American sales of your product. Your line of reasoning is that Americans are too expensive to employ and thus do not deserve a job. Once you left with only foreign workers who will buy your product? American's wont be able to afford it.

    Maybe you should look at WHY your employment costs are going up. Hint: look at the rent for a 2BR apartment around where your company is. If it's anywhere near SJ CA, I bet you'll be shocked at what you see: $2100 to $3000.00. There's the real reason: the cost of living keeps gong up. Another word for it is greed.

  50. Re: Why isn't this illegal again? by Darinbob · · Score: 2

    What's wrong with protectionism? Do you dump your children and get new ones if they are cheaper? No, you don't because your children are valuable to you. The fact that the American government wants to throw way their workers who are loyal citizens and replace them with foreigners who are cheaper proves that it does not value its own chidlren. The whole purpose of having a an elected government is to protect its citizens rather than to treat the citizens as disposable commodities.

    The workers are not a commodity, they are real people. Protecting real people should be considered a virtue. There are more important things in the world than profits, and congress needs to learn this. The whole point of protectionism is that they should be protecting me, even if I'm not a CEO, and if they won't protect me then why should I vote for them?

  51. Re:Allow me to respond from the perspective of an by Darinbob · · Score: 2

    I say if these companies can form in India and China and compete against American businesses, then let them. America doesn't have to be an incubator for those companies.