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Disney IT Workers Allege Conspiracy In Layoffs, File Lawsuits (computerworld.com)

dcblogs writes with the latest in the laid off Disney IT worker saga. According to ComputerWorld: "Disney IT workers laid off a year ago this month are now accusing the company and the outsourcing firms it hired of engaging in a 'conspiracy to displace U.S. workers.' The allegations are part of two lawsuits filed in federal court in Florida on Monday. Between 200 and 300 Disney IT workers were laid off in January 2015. Some of the workers had to train their foreign replacements — workers on H-1B visas — as a condition of severance. The lawsuits represent what may be a new approach in the attack on the use of H-1B workers to replace U.S. workers. They allege violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), claiming that the nature of the employment of the H-1B workers was misrepresented, and that Disney and the contractors knew the ultimate intent was to replace U.S. workers with lower paid H-1B workers."

151 of 243 comments (clear)

  1. Class action requirements? by lionchild · · Score: 5, Interesting

    I don't usually get too worked up over things like this. However, this story has really got me aggravated. I'm curious how many people in the IT Profession feel similarly?

    I want to think I really like the Disney company, perhaps that's why it feels so egregious when they've done something like this. My question really comes down to, is 200-300 employees a large enough pool to push something like this into a Class Action status, or is having a couple hundred single lawsuits a better way to go about making a much bigger noise about both the specific Disney situation, or this situation in the US as a whole?

    With us drawing close to a Presidential election in the US, perhaps it's time for IT Professionals to re-think who should represent us both in our home states, and in our national Congressional seats. They need to understand they're very directly impacting our paychecks, and the paychecks of the co-workers we actually -like- to work with.

    --
    Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    1. Re:Class action requirements? by DigiShaman · · Score: 3, Interesting

      Oh, i'm sure this will drag out just long enough for the Trans Pacific Trade deals with pass as treaty biding. Then, this issue will be treated ex post facto, no?

      --
      Life is not for the lazy.
    2. Re:Class action requirements? by Anonymous Coward · · Score: 5, Insightful

      "I want to think I really like the Disney company"

      Why?

      They have done absolutely nothing to endear them to anyone. They are a massive corporation that has "purchased" our cultural heritage by taking our tales of folklore and locking them away in perpetual copyright.

      Disney can go and get fucked, and I for one (despite have a young family) intend to never give them a cent of my income for the rest of my life.

    3. Re:Class action requirements? by boristdog · · Score: 1

      Amen, brother.

    4. Re:Class action requirements? by Anonymous Coward · · Score: 1

      Among Presidential candidates:

      Worth noting that Ted Cruz proposed quadrupling the number of H1-Bs in Congress - Obama and Clinton have also voted to increase H1-Bs.

      Bernie Sanders and Trump are, by contrast, very good on this issue.

      In Congress, Jeff Sessions is our biggest leader on the issue- Chuck Schumer of NY is the biggest villain - in 2008, he even proposed that bailed-out Wall Street banks should have a special privilege to use H1-B workers.

    5. Re:Class action requirements? by avandesande · · Score: 5, Funny

      I think replacing Congress with H1-Bs is an excellent idea!

      --
      love is just extroverted narcissism
    6. Re:Class action requirements? by LifesABeach · · Score: 3, Insightful

      How Many? Count the H1B visas! Here's an example, 30,000 HP employees; thanks to Carly Fiorina, and she's damn proud of it. How about Apple, Microsoft, Google, FaceBook, Ericsson International, Sprint, AT&T, Verizon. SeeBeyond. Just to name a few. My finger count is north of 3,000,000. Now, does one wonder why, in the U.S., wages have not gone up?

    7. Re:Class action requirements? by Anonymous Coward · · Score: 2, Insightful

      With us drawing close to a Presidential election in the US, perhaps it's time for IT Professionals to re-think who should represent us both in our home states, and in our national Congressional seats.

      Defense based companies have a tiny protection against offshoring, in that they can't get the security clearances in foreign countries. That doesn't mean they won't continue to move anything they possibly can, and it is not as if we don't already outsource many parts.

      At any rate, I think it goes something like this.

      1) H1Bs are far too easy. I'm not convinced we need them at all. Why can't we just invest in American workers? I know the companies what programs that fit specifications, since they don't like to train people, but the current status is kind of sad.

      2) Companies regularly phase out high grade workers, who have earned that grade and keep hiring level 1s, because they are cheaper, and on paper an engineer is an engineer. A team lead talked about promotion lately. To be honest, I'm not sure that staying at level 3 isn't better than getting promoted. Of course you can replace level 1 with H1B fairly easily.

      3) Linked to one and two you have rampant short term planning. Seriously, I'm supposed to have a research job, but our research is putting together various other pieces of crap in the hopes of fielding something that can make a quick buck. The kind of detailed and rigorous work true engineering would require is not something companies appear interested in, save as a last resort, and it is exactly what is needed long term.

    8. Re:Class action requirements? by myowntrueself · · Score: 2

      I want to think I really like the Disney company, perhaps that's why it feels so egregious when they've done something like this.

      Mentioning 'Disney' and 'egregious' in the same sentence...

      They are one of the top evil companies in the world with their continuous extension of copyright and flagrant manipulation of childrens minds.

      You know what I'd like to see happen to Disney?

      I'd like to see Mickey Mouse become the new Pedobear; Mickey as a symbol of pedophiles and child abusers. They want to continually extend copyright so they can keep the mouse? Fucking let 'em but make it worthless; make Mickey something they WANT to get rid of.

      --
      In the free world the media isn't government run; the government is media run.
    9. Re:Class action requirements? by kilfarsnar · · Score: 2, Insightful

      Bernie Sanders and Trump are, by contrast, very good on this issue.

      Bernie Sanders is very good on most issues! It's refreshing to have a candidate who seems to actually give a fuck.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    10. Re:Class action requirements? by kilfarsnar · · Score: 1

      It's late term Capitalism eating itself.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    11. Re:Class action requirements? by Anonymous Coward · · Score: 1

      The Hr1B visa holders that are here swear how "difficult" it is to get into the U.S. of A.
      It's what they're taught to say. They are thoroughly groomed prior to entering this
      country on what to say, how to act, so that there is no backlash against their employers.
      I don't fault the Indians per-say, they believe they have an entitlement to displace American
      workers. But I respectfully disagree. They offer no infrastructure support: they can't vote
      (a good thing); can't serve in the military; can't hold a political office; and under some
      circumstances do NOT pay federal income tax 183 days - look it up.
      Ever wonder why they "go back" to India for an extended period of time around that interval?

      It's very clear they have a strong case. But in this political climate, I don't see a fair trial.
      I think that's one of the reasons Trump have gained so much momentum...

      We'll see, though.

      CAP === 'deprive'

    12. Re:Class action requirements? by gstoddart · · Score: 1

      Well, first it has to finish eating us .. which is exactly what this part is.

      --
      Lost at C:>. Found at C.
    13. Re:Class action requirements? by hidflect · · Score: 3, Informative

      Madame Clinton has taken $3Million in "donations" from Tata and Infosys so if you want to find yourself training your replacement a few months after the election you know who to vote for.

    14. Re:Class action requirements? by sudden.zero · · Score: 4, Insightful

      Bernie's Tax Plan Sucks. Here is how the leading candidates compare on income taxes: Bernie Sanders Establishes four new brackets of 37%, 43%, 48%, and 52%. The top rate applies to taxable income over $10 million. Raises the rate of all other brackets by 2.2%. Hillary Clinton Adds a 4% surtax on income over $5 million. Donald Trump Establishes four tax brackets, with rates of 0%, 10%, 20% and 25%. The top rate applies to to income over $150,000 for single filers and $300,000 for joint filers. Ben Carson Establishes a flat rate of 14.9% on all ordinary income. Alters the standard deduction and personal exemption to exempt wage income under 150% of the federal poverty level of a filer. So Bernie is raising taxes by 2.2% on everyone, Hillary is changing nothing except adding 4% to income over $5 million, Trump is giving the biggest break to the poor where people who earn $25,000 or less a year pay no income tax at all, and Ben Carson establishes a flat tax with exemptions for the truly poor. Oh and here is the source: http://taxfoundation.org/compa...

    15. Re:Class action requirements? by hoffmanjon · · Score: 3, Insightful

      Wages have gone up for the CEOs. They need to make their 45 to 50 million a year otherwise they would not be able to afford a new yacht and that would be an absolute tragedy. Come on, think of the poor CEO and their need for the twenty million dollar mansion and the new yacht.

    16. Re:Class action requirements? by blue9steel · · Score: 4, Insightful

      Of course you didn't mention the spending plans that go with those tax programs, which have a profound impact on whether the tax plan is reasonable.

    17. Re:Class action requirements? by Alypius · · Score: 2

      Maybe if we saw actual results from previous massive spending (*cough*stimulus*cough*) we wouldn't be so skeptical about more graft and cronyism.

    18. Re:Class action requirements? by sudden.zero · · Score: 1

      I didn't mention the budgets because all of them have not been released yet but Bernie's math doesn't add up either way: http://blogs.reuters.com/break... So, I wouldn't put your money on Sanders anytime soon.

    19. Re:Class action requirements? by sudden.zero · · Score: 1

      Exactly! I can tell you this much. Letting people keep there money will definitely grow the economy vs raising taxes, and then promising them free stuff that they end up paying for with the tax increase, etc.

    20. Re:Class action requirements? by skam240 · · Score: 1

      How about the fact that we're doing much better (economically speaking) then Europe who took the austerity path to try to solve their economic problems during the last global recession?

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    21. Re:Class action requirements? by Hylandr · · Score: 1

      1. Because Unions.
      2. Even poor help is better than no help at all, and tossing one highly paid employee makes for a bigger year end bonus. ( been on the receiving end of this )
      3. The 'First to market' fallacy at it's most entrenched manifestation.

      --
      ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
    22. Re:Class action requirements? by dlt074 · · Score: 1

      crony capitalism.

    23. Re:Class action requirements? by pnutjam · · Score: 1

      They already pay little taxes. Will this exempt them from SSI deductions? I doubt it. It's a fake argument if it does not.

    24. Re:Class action requirements? by lionchild · · Score: 1

      "I want to think I really like the Disney company" because they have the opportunity to do the right thing, hold a preserve the cultural heritage. I want to give them the benefit of the doubt, but I don't disagree with you, they're really screwing things up in more ways that we want to admit.

      --
      Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    25. Re:Class action requirements? by blue9steel · · Score: 1

      In principle I agree, however that's not true for all cases. There are a variety of public goods that are indeed best paid for collectively via government. The ideal tax rate is not zero.

    26. Re:Class action requirements? by blue9steel · · Score: 1

      That's certainly a big issue, though in this case I was actually thinking more about the planned tax cuts that likely wouldn't be matched by appropriate spending cuts.

    27. Re:Class action requirements? by blue9steel · · Score: 1

      None of them add up, that's why it's called politics.

    28. Re:Class action requirements? by Aqualung812 · · Score: 1

      Disney can go and get fucked, and I for one (despite have a young family) intend to never give them a cent of my income for the rest of my life.

      I'm not saying that it is impossible that you're doing this, but it seems highly improbable.

      Their ownership of ESPN means that if you have almost any form of paid TV, you're paying Disney.

      On top of that, owning the entire Marvel franchise, and Netflix's Marvel shows, means a Netflix subscription give a cut to Disney.

      Hulu, owned by Disney.

      Then the whole Star Wars franchise, which isn't just TV. Anything with Star Wars stamped on it, from a video game, toy, t-shirt or a coffee mug, gives some money to Disney.

      Do you actually avoid all of these? Bully for you if so.

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    29. Re:Class action requirements? by Anonymous+Cow+Ward · · Score: 1

      Bernie has plans (to spend more) which will arguably not stimulate the economy, given that the most reliable studies show that GDP grows by less than one dollar per dollar spent on non-infrastructure, at least in the ways the US spends it.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
    30. Re:Class action requirements? by myowntrueself · · Score: 1

      They have a monopoly on every children's book character ever created. Mickey is only an example, and a poor one as unlike others it actually was created by Disney.

      The mouse is like the representative or ambassador of Disney.

      --
      In the free world the media isn't government run; the government is media run.
    31. Re:Class action requirements? by movdqa · · Score: 1

      I really don't like that they have the ESPN monopoly where the cable companies have to carry them to get other content so they force everyone with cable packages to pay for the service, whether they use it or not. The Over-The-Top movement is having a little effect on this but it's still a strong exercise in market power. Disney is a very powerful brand and a lot of people identify with it - I'm just not one of them. If they want respect from me, then they're going to have to behave as if they deserved the respect.

    32. Re:Class action requirements? by anti-disney · · Score: 1

      Good luck with that. They own a lot of TV networks and movies that you probably watch right now and have no idea Disney is the company who owns the rights. Even if you don't have any Disney movies and avoid ABC, ESPN, and other Disney networks chances are a network or movie you watch will eventually be owned by Disney. Just look at how Disney managed to purchase the rights to Star Wars and not all Star Wars fans are happy that Disney now owns the rights to Star Wars. They are also one of the main companies pushing DRM (Digital Rights Management or what some call Digital Restrictions Management) to forcefully lock entertainment. Chances are your children will be Disney fans after going to a friends house or seeing a Disney production in school. Unfortunately it's hard to avoid Disney and I'm sure plenty of parents have sworn that they will never take their kids to Disney Land or Disney World or watch anything produced by Disney only to have their kids upset and they eventually cave in and let them watch Disney shows and take a family vacation to Disney Land or Disney World.

  2. You call it a "conspiracy" . . . by PolygamousRanchKid+ · · Score: 5, Insightful

    . . . they call it a "business plan" .

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:You call it a "conspiracy" . . . by kilfarsnar · · Score: 1

      the fact that it's planned as opposed to accidentel is what makes it a conspiracy

      Business plans are accidental?

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    2. Re:You call it a "conspiracy" . . . by __aaclcg7560 · · Score: 1

      Business plans are accidental?

      Depends on whether or not coffee got spilled on the napkin.

  3. Squeaky wheel. Oil it. by Chas · · Score: 4, Insightful

    Seriously. This sort of bean counter bullshit is going to continue until people no longer hesitate to drag it into the light.

    Yes, sure, it's up to every company to maximize its own profits.
    And sure, it's possible that wages for certain classes of skilled workers is out of whack.

    But abusing the work visa system to pay pennies on the dollar for labor is just flat-out wrong.

    --


    Chas - The one, the only.
    THANK GOD!!!
  4. Re:Squeaky wheel. Oil it. by oh_my_080980980 · · Score: 5, Insightful

    The plain simple fact, you cannot displace American workers with an H1B Visa hire. That's against the law and this is what these companies are doing. Couple that with how contracting companies game the H1B Visa program by flooding it with applications, and you have a broken system that's displacing American workers. H1B Visa program is meant to supplement the American workforce NOT replace it. There are companies with legitimate uses for H1B Visas which cannot get a visa because of these contracting companies. Time to reform the program.

  5. Edit to article by emagery · · Score: 1

    The lawsuits represent what may be a new approach in the attack on the use of H-1B workers to replace U.S. workers. They allege violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), claiming that the nature of the employment of the H-1B workers was misrepresented, and that Disney and the contractors knew the ultimate intent was to replace U.S. workers with lower paid [[ and ultimately disposable ]] H-1B workers.

    1. Re:Edit to article by swb · · Score: 3, Interesting

      I really hope this tactic is successful, although I always thought RICO was a Federal criminal statute, not something available to civil litigation plaintiffs.

      On its face, though, it seems beyond obvious that was indeed a deliberate scheme to use H1B visas to replace U.S. workers. It seems naive in the extreme that Disney executives would believe that they just happened to find a contractor with a pool of domestic labor at rates dramatically cheaper than their local talent -- they HAD to have known their contractor would be using H1B visas to obtain low-cost overseas employees. And it's not like Disney doesn't have extensive experience hiring non-US citizens to staff theme parks like Epcot. To say they didn't know the rules would be not believable.

      I hope this works and there is some kind of racketeering prosecution that arises from it. I kind of doubt Disney will be directly prosecuted, they may be able to dredge up some emails that say "OK, we just need some kind of official statement you're not using H1Bs to junk our expensive domestic employees. Just reply to this email and say 'Yes'."

      But if the contracting industry, which seems to be where the real hands-on evil takes place, it'd be awesome to see those guys take some RICO prosecutions.

    2. Re:Edit to article by Fire_Wraith · · Score: 2

      IANAL, but here's my understanding (and someone please correct me if I'm wrong). Average citizens can't sue to have the law enforced per se, and there would be no direct criminal proceedings as a result. (Which doesn't mean some prosecutor couldn't decide to bring such on the basis of any evidence brought forth, but the citizens couldn't make him/her do it.) What they can do is allege that they have suffered harm as a result of actions which were in violation of those statutes, and seek monetary damages/etc. This is usually the sort of thing that follows a criminal case, but isn't explicitly required to.

    3. Re:Edit to article by swb · · Score: 1

      I'm wondering if maybe there isn't a timing-related element to this, namely the presidential election. I know Trump has come out openly against H1B visas and I think his popularity has forced a couple of others to at least come out softly against it. I'm assuming Bernie Sanders is opposed to it just based on principal.

      If such a lawsuit is able to generate enough publicity and obvious evidence of a conspiracy, it might create enough political pressure that a criminal investigation would have to be started.

      The politicians are so busy cheerleading the STEM education thing that it seems awkward for them to do so when they let corporations just cancel out any benefits from an education in those fields.

      (There I go again, assuming the system actually responds to citizens...)

    4. Re:Edit to article by kilfarsnar · · Score: 1

      It may be a tough road to hoe

      Row to hoe

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    5. Re:Edit to article by blue9steel · · Score: 1

      Average citizens can't sue to have the law enforced per se,

      Perhaps that's the problem we should be fixing.

    6. Re:Edit to article by currently_awake · · Score: 1

      A road paved with gold (money) is awfully hard to dig up with a hoe.

    7. Re:Edit to article by torkus · · Score: 1

      Disney's labor practices are already disgusting - this is icing on the cake.

      Much of their parks are staffed by interns or other 'temporary' staff with no benefits and crummy pay. When things go well the 'promote' you to PART. TIME. Oh, and part time doesn't qualify for much in the way of benefits AFAIK.

      For better or worse, its (oh so magical I dreamed about working there as a kid) Disney. People will gladly go be abused...erm work...there for the dream and Disney will gladly take advantage of paying someone peanuts to sell...well peanuts. Oh, and over-priced everything else.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
  6. You call it tomato ... I call it tomata... by 140Mandak262Jamuna · · Score: 1

    Whats meat for one is poison for other. Freedom fighter for one is terrorist for the other. Whats "conspiracy against workers to shaft them in every which way possible" is "standard operating procedures" for the pointy haired bosses.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  7. H1-B is a JOKE by JustAnotherOldGuy · · Score: 5, Insightful

    The whole thing is a joke...are you really telling me that out of 300 million Americans, you can't find ANYONE in this country who is qualified to do this work? Bullshit. Utter bullshit.

    Unless by "qualified" you mean "willing to work at 1/2 scale wages".

    The whole thing is a joke, a complete fucking joke.

    --
    Just cruising through this digital world at 33 1/3 rpm...
    1. Re:H1-B is a JOKE by Fire_Wraith · · Score: 1

      The theory of H-1B is fine, the big problem is that it's not applicable at the scale it's being used for, because these companies keep trying to use it as a backdoor to hire all that sweet, sweet, cheap labor from overseas. Congress needs to do its job and crack down on these loopholes, and prosecutors/govt. agencies/etc need to go after the companies that are exploiting them.

    2. Re:H1-B is a JOKE by LiteWait · · Score: 1

      Amen, Brother, Amen!

    3. Re:H1-B is a JOKE by Bob+the+Super+Hamste · · Score: 1

      Unless by "qualified" you mean "willing to work at 1/2 scale wages".

      This is indeed the case and should be simply proved as the Disney employees had to train their H-1B replacements. Personally I feel that the H-1B program serves a useful purpose but that isn't what is is being used for. It should be used for those rare cases where there just isn't a person in the US who can do the job or can't be trained in enough time to do the job. As such the individuals brought in as H-1Bs have truly in demand and rare skills as there isn't a single person in the US who has the necessary skill set or couldn't be trained in time. So given that it seems that these individuals should be the highest compensated person at the company they are working for or doing work for. This is total compensation, including relocation, vehicle, stock options, medical, base pay, bonuses, various stipends, expense accounts, etc. because they are obviously absolutely critical to the company they are performing work for as companies can survive without the various CxO individuals for months, but not long enough to train an American to do one of these jobs. Make that change and we will see just how critical all these H-1Bs if we are still hitting the caps on them each year then I would say that we should then remove the caps.

      Sadly I have proposed this to my useless senators as well as my hawkish congress critter but they all seem to hate American workers, especially one of my senators who has been pushing for higher H-1B caps for years now.

      --
      Time to offend someone
    4. Re:H1-B is a JOKE by JustAnotherOldGuy · · Score: 1

      The theory of H-1B is fine

      Maybe for very small values of "fine", but overall it's just utter bullshit. We INVENTED most of the technologies and jobs that H1-B applicants are coming to this country for. How can we not have people that can do those jobs?

      Again, I ask you: in a country of 300 million people, are you really telling me that there is simply no one in the entire USA who would be able to do the work they're coming to do? BULL. SHIT.

      Microsoft hires as many H1-B workers as it can, and 99.9% of them do ordinary shit like coding or systems administration. Don't try and tell me that this country isn't full of people that could do those jobs, we both know it's simply not true.

      In some niche fields like biomedical research or material science, yes, there may be a legitimate need to bring in someone from abroad who has that rare skill set or knowledge. But that's not what they're doing.

      Seriously, go to Apple or Amazon or Microsoft or any large tech company and look at eh buildings full of (mostly) Indian programmers or low-level system jockeys. There's no fucking way that you couldn't find plenty of American workers capable of doing those jobs as well or better as the H1-B workers. They just won't do it for peanuts, and that's what this is all about.

      --
      Just cruising through this digital world at 33 1/3 rpm...
  8. Re:ultimate intent was to replace U.S. workers by Sique · · Score: 5, Insightful
    There is one issue here though: H1-B visa were thought to be available only for companies that couldn't fill the open positions with domestic workers. In this case, it is alleged, neither the positions were open, nor was Disney unable to fill it with domestic workers.

    There are many ways to save money. Some of them are illegal. The lawsuit claims that this was one of the illegal ways to save money. (Disney could also have saved the money if they just didn't pay the workers at all, let the debt pile up and shot everyone trying to go to the courts to demand the money. Also this is deemed illegal for some reason.)

    --
    .sig: Sique *sigh*
  9. This will sound harsh, at first... by rmdingler · · Score: 3, Insightful
    You're correct, of course.

    The sad state of things is such that even though they are using H-1B improperly, those affected are mostly college-educated white males.

    This is not a great target market for widespread outrage and demands for reform on the 24 hour news stations.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:This will sound harsh, at first... by metlin · · Score: 3, Interesting

      The sad state of things is such that even though they are using H-1B improperly, those affected are mostly college-educated white males.

      I disagree. Given the disproportional representation of Asians in STEM fields, I would say that those affected are mostly college-educated Americans - yes, more white than black, but certainly includes Asians and women.

      Obviously, this depends on the location (e.g., more Asians in California and East Coast vs. Midwest), but I think this affects all skilled Americans in IT.

      And I think the mistake is in characterizing it as something that only affects white people. It's all about narrative -- bring in other groups, then see the magic unfold.

    2. Re:This will sound harsh, at first... by currently_awake · · Score: 3, Insightful

      The Purpose of H1B visas is to depress American workers by forcing them to compete for jobs with the third world. If they had the slightest interest in "Filling gaps" they would be fast tracking immigration for people with needed skills, instead of training foreign workers then sending them home at the end of the contract.

    3. Re:This will sound harsh, at first... by MobyDisk · · Score: 1

      Fair enough. But isn't this the same argument people make against illegal immigration? While H1-B visas replace college-educated white-collar workers, illegal immigrants replace blue-collar workers. It's the same problem, just with different paperwork involved.

      (I won't limit this to white males, because I have worked at places where I was the only white-male on the team, surrounded by Asians.)

    4. Re:This will sound harsh, at first... by rmdingler · · Score: 1
      Certainly there are similarities.

      In both cases, it effectively brings down the number of available jobs as well as reducing wages for the jobs that remain available.

      Difference? The H-1B replacements are using an advantageous interpretation of the law (and lobbying) to accomplish their goal.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    5. Re:This will sound harsh, at first... by toadlife · · Score: 1

      But isn't this the same argument people make against illegal immigration?

      It is the same argument and there is nothing inherently wrong with it. On both ends, employers intentionally use immigrants status as leverage to drive wages down.

      An American citizen with more options would demand at least $20 an hour to pick grapes in the 105 degree heat in August.

      You will find that similarly tough jobs (oil field service comes to mind) that are worked exclusively by citizens pay significantly more than Ag jobs do.

      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    6. Re:This will sound harsh, at first... by Darinbob · · Score: 1

      One big difference is I think the outright lying and dishonesty involved with H1-B. Companies have to declare that they could not find any domestic workers with the necessary skills. The concept is good in theory, there are plenty of highly skilled people in foreign countries that we can make good use of. Doctors, scientists, top end engineers, etc. However H1-B is far too often used to get cheaper labor for basic skills (IT grunts, call centers, and entry level tech jobs).

      Whereas with undocumented workers they are often doing jobs where it is difficult to get local workers. It's illegal anyway and the government is not colluding, despite campaign allegations otherwise. They're not necessarily replacing blue collar workers or union jobs, they're doing jobs below minimum wage.

    7. Re: This will sound harsh, at first... by NickGnome · · Score: 1

      So, what's your point? None of the last few president regimes, nor the last 10 or more congresses have any respect for the USA constitution, the citizenry, nor the culture. They don't care about worsening over-population, over-crowding, the virtually non-existent borders and ports, the worsening dysfunctionality of job markets, the waste of bright USA citizens' lives. Heck, they can't even differentiate between different skill-sets and different levels of skills... Nor can the media. None of this "touches them where they live".

  10. And anyone wonders why Trump does well? by swb · · Score: 4, Insightful

    It's not really about racism, it's about basic economics. You flood the supply of labor with cheap imports and you reduce demand for more expensive domestic product.

    1. Re:And anyone wonders why Trump does well? by kilfarsnar · · Score: 1

      EXACTLY! People here can say what they want about Trump, but I think he is going to be the only candidate to put a stop to this kind of thing happening.

      Never heard of Bernie Sanders, eh?

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    2. Re:And anyone wonders why Trump does well? by Sir+Holo · · Score: 1

      EXACTLY! People here can say what they want about Trump, but I think he is going to be the only candidate to put a stop to this kind of thing happening.

      OK, I can't mod in this thread, so I'll reply to say, "Mark post up as Funny."

      Trump made his billions the old-fashioned way. He inherited it.

      All of Trump's wives have been immigrants. That just goes to show that immigrants are still coming to the US to do unpleasant jobs that no US citizen is willing to do.

  11. Re:Alledgedly by rmdingler · · Score: 2
    Yes, and the truth is, companies would likely prefer to have competent Americans doing the jobs the H-1B replacements are filling.

    They would just prefer to have them working at half pay for more hours.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  12. Re:Squeaky wheel. Oil it. by torkus · · Score: 5, Insightful

    It's beyond time to eradicate the program entirely.

    Something like this case - where disney literally laid off staff in order to directly replace them with H1B workers - should be immediately illegal and stopped before they even brought them in + fines and penalties and so on.

    The fact that we're here on the internet complaining about this and the workers are only filing lawsuits after the fact shows just how broken the program is.

    The problem is big business buys politicians and votes and then write the laws that best suit their shareholders (i.e. profit). Disney is great at getting away with this - look at the copyright extension that directly follows when Mickey Mouse would otherwise enter the public domain.

    --
    You can get rich if you own a politician, but you have to be rich to buy one in the first place.
  13. Meh, you all should know the drill by now... by Anonymous Coward · · Score: 1

    You are a commodity to these companies, not a person.

    They have literally millions of polite, well trained internet savy indian workers who will work for $5.00 per hour.

    How is it that you as an American can remain competitive and yet above the poverty level? Answer: you can't, you are not cost effective to these corporations.

    IT workers as group have made the collective mistake of not Unionizing back in the 1990s when it would have made a difference. That is why I got out of it before I started to get my graduate level education. Despite all the hype about IT jobs being "Hot", these companies view you as nothing more than "warm bodies".

    This is over and above the problem these companies will face by hiring faceless and nameless H-1B's for things that will require knowledge of local culture, people skills, communications abilities and actual technical talent.(Over and above just base "Google the answer" type of skills)

    The Corporate types, who are under the delusion that they can just throw money at problems, don't see the actual problem, that they are basically making a big security mistake, and basically alienating the very talent they need to succeed.

    This is the point in history where American businesses lose their ability to be competitive with the rest of the world. Welcome to the Slippery Slope corporate America! It is all downhill from here, You had a chance to invest in local talent, but you have made the mistake of buying the cheapest and you pay for quality. Remember this when you want to complain about the state of education and the workforce in this country. YOU BROUGHT THIS ON YOURSELVES!

    Enjoy the hell you have created for yourself! Gotta Run!

    -The Last Smart American Guy.

    1. Re:Meh, you all should know the drill by now... by avandesande · · Score: 1

      You really seem to have a lack of imagination about what unions can do- they have political and media connections and lawyers on payroll. Very likely they would of threatened legal action early on and prevented the workers from losing their jobs. What do you think they do, just collect dues and provide picket signs?

      --
      love is just extroverted narcissism
  14. Re:This is an interesting angle by bickerdyke · · Score: 1

    being sociopathic is not a crime, so that alone doesn't make those organisations criminal.

    --
    bickerdyke
  15. Re:Squeaky wheel. Oil it. by Anonymous Coward · · Score: 2, Insightful

    Attracting foreign workers shouldn't be blocked completely, but there should be a good reason for it. Someone who has skills you cannot get anywhere else. This should be reflected in the wage -- a H1B job should pay say, at least 200K/year or so. :)

  16. How do you vote with your wallet by rsilvergun · · Score: 4, Insightful

    When they own nearly all of pop culture. Unless your going to go live under a rock you're gonna be giving then some money. They own ESPN for Christ sakes. I know your already rattling of in your head all the non Disney stuff you watch and read but try keeping your kids away from it without them seeming weird. Media consumption is a social thing for most people. If you keep your kids away from all the stuff everybody else likes they'll lose a huge amount of common ground that helps then relate. That goes for you too. A lack of common interests is one of the things that isolates nerds...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:How do you vote with your wallet by Kazoo+the+Clown · · Score: 1

      They own ESPN for Christ sakes.

      There could hardly be ANYTHING you could mention that I care less about than ESPN...

    2. Re: How do you vote with your wallet by cthulhu11 · · Score: 1

      Werd.

  17. no spoilers, haven't seen it yet (really.). by Thud457 · · Score: 1

    Yeah, but "The Force Awakens" was FREAKIN' awesome!

    AC's already called you all on your hypocrisy months ago.

    --

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

    1. Re:no spoilers, haven't seen it yet (really.). by avandesande · · Score: 1

      Didn't see it, don't plan to.

      --
      love is just extroverted narcissism
    2. Re:no spoilers, haven't seen it yet (really.). by Culture20 · · Score: 2

      It was a solid "meh". Easily forgettable as not great and not terrible. In fact, I'll probably forget about it until the next advertising blitz.

    3. Re:no spoilers, haven't seen it yet (really.). by Hylandr · · Score: 1

      This.

      "Darth Emo" Really seems to have been targeted to a very niche demographic. :(

      --
      ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
    4. Re:no spoilers, haven't seen it yet (really.). by Impy+the+Impiuos+Imp · · Score: 1

      Adapt to changing demographics, got it.

      Star Wars: The Old Republic MMORPG has the fatso body type so players can make bodies that look like themselves, as sexy, slim bodies and outfits, so people can escape their clodding lives in fantasy, are, if not forbidden yet, at leas deprecated, to use a term many with the chubbo 3rd body type in the game would know.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    5. Re:no spoilers, haven't seen it yet (really.). by lgw · · Score: 3, Funny

      Hey now, he's just the latest Disney Princess. Why all the hate?

      --
      Socialism: a lie told by totalitarians and believed by fools.
  18. Re:ultimate intent was to replace U.S. workers by Anonymous Coward · · Score: 1

    The H1-B program explicitly states that you cannot use the program to replace US workers. You can only import workers to fill a need you are unable to do with local workers. Disney is violating the law. Maybe you should stop judging other people and learn what the hell you're talking about before calling them crybabies.

  19. Re:Disney Owns Star Wars! by bickerdyke · · Score: 1

    Yes. So either Disney never should have been allowed to buy Star Wars, or other companies should be allowed to make Star Wars, too. Our economy is about free market and choosing which company gets your money. That's why we have so many breakfast cereals to choose from. But I can't choose which companies Star Wars movie to watch. That's communism!

    --
    bickerdyke
  20. Re:Squeaky wheel. Oil it. by Thud457 · · Score: 2

    In our enlightened times, only one country sends their sons to other countries to kill the people that live there.

    Errr, well Russia now makes two, with Crimea & Syria.

    --

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

  21. Re:Disney Owns Star Wars! by mrchaotica · · Score: 1

    other companies should be allowed to make Star Wars, too

    Indeed they should! Star Wars is 39 years old. Under sane copyright law (i.e., 14 years + 14 year optional extension) it would be Public Domain by now.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  22. Re: Squeaky wheel. Oil it. by cyber-vandal · · Score: 1

    Britain makes 3 given we were your chief ally in Afghanistan and Iraq.

  23. No, the theory is broken by s.petry · · Score: 3, Insightful

    The visa system for workers is completely "save cash for companies", nothing more. If you believe it's a good system in any way, you have either been duped by propaganda or not stopped to consider life without a work visa. So ask yourself, what happened _before_ we had worker Visas? Simple, people immigrated to the US. If someone had a special set of skills and knowledge, companies could pay the costs and do the work to get the immigration complete quickly. The US Government has embassies and a Military for exactly the purpose of accomplishing safety.

    Congress needs to do it's job, but so you we. Repeating bullshit does not fix things, understanding problems is the start. Many of our problems were caused by people trying to game the system under the guise of altruism.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  24. Re: ultimate intent was to replace U.S. workers by cyber-vandal · · Score: 1

    How dare people want to feed, house and clothe themselves and their families! Damn commies!

  25. Re:Squeaky wheel. Oil it. by Major+Blud · · Score: 4, Interesting

    In our enlightened times, only one country sends their sons to other countries to kill the people that live there.

    Errr, well Russia now makes two, with Crimea & Syria.

    Only those two countries huh?
    https://en.wikipedia.org/wiki/...
    http://www.ibtimes.co.uk/isis-...
    https://en.wikipedia.org/wiki/...

    --
    If you post as Anonymous Coward, don't expect a reply.
  26. Re: Squeaky wheel. Oil it. by arth1 · · Score: 1

    Britain makes 3 given we were your chief ally in Afghanistan and Iraq.

    USA was already mentioned. No need to list its vassal states.

  27. There is no legitimate use of H1-bs anymore. by Anonymous Coward · · Score: 1

    There are companies with legitimate uses for H1B Visas...

    There are no legitimate uses of H1-bs. Maybe - MAYBE - back when it was first created in the early nineties, there might have been justification for it since the tech industry was taking off. But now in 2016 when everybody with half a brain has jumped in tech over the last 20 years? Nope. It is purely a cost cutting method.

  28. Re:Nielsen Media by Anonymous Coward · · Score: 1, Informative

    Same thing happened to me at Nielsen Media in 2009. They brought in Tata Systems and most of the software developers were replaced with Indians. Is it too late for a class action suit?

    Tata has been called in and you can watch, the companies profits and effectiveness go down by about 40% within 6 months, because it requires more time to get anything done. (Translation of everything into 3rd grade english might have something to do with it. those that hire in H1-B project managers take an even bigger hit.) Somewhere in all of this is a IT manager basing his entire bonus for the year on some bullshit claim that he/she "singlehandedly saved the company millions" when what he actually did was differ lost wages forward to the next year in terms of "Go back and do over to fix X, Y and Z" screw ups from miscommunications or things that were left out because of someone in a long broken chain where best practices were not followed.

    You can't get something for nothing. It does not work, any engineer knows this and all of the claptrap rolling around the empty suits in the management level is the snake oil that you can save costs without losing something along the way. It is just like the Over-unity / Free energy science fiction some people buy into.

    It is news but not for nerds and it really does not matter.

    -The Last American Smart Guy

  29. Re:ultimate intent was to replace U.S. workers by DigitalPagan · · Score: 5, Insightful

    H1-B visa were thought to be available only for companies that couldn't fill the open positions with domestic workers.

    This is the part I found especially strange. I have no idea how Disney expects to argue that they couldn't find the needed skill set domestically then turn around and have the current staff train the H1-Bs. Clearly the skill sets were already available. Hell they didn't even have to open a position, it was already filled.

    The optimist in me wants to say this is an open and shut case for the IT workers but the pessimist in me fully expects Mickey Mouse and and his congress critter friends crash them under pallets of cash.

  30. IANAL by outriding9800 · · Score: 4, Insightful

    Reading the Department of labor website " The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce" If the Disney workers had to train the H-1B it does not seem like they (the H1-B workers) had the skill set to do the job in the first place and it would seem to me Disney did not follow the rules properly.

    1. Re:IANAL by Sique · · Score: 2

      That's exactly what that lawsuit is about: Disney conspiring to use the H1-B visa system against the rules.

      --
      .sig: Sique *sigh*
  31. Re: That's racist by cyber-vandal · · Score: 2

    Most white males are not privileged and bear no responsibility for the crimes of others.

  32. Re:Squeaky wheel. Oil it. by arth1 · · Score: 4, Insightful

    Attracting foreign workers shouldn't be blocked completely, but there should be a good reason for it. Someone who has skills you cannot get anywhere else. This should be reflected in the wage -- a H1B job should pay say, at least 200K/year or so. :)

    +1 Insightful, folks.

    Exceptional work should get exceptional pay, and if it isn't exceptional, there should be no problem finding resident workers.

  33. Re:Squeaky wheel. Oil it. by Ol+Olsoc · · Score: 4, Insightful

    Seriously. This sort of bean counter bullshit is going to continue until people no longer hesitate to drag it into the light.

    Yes, sure, it's up to every company to maximize its own profits.

    And its up to every company to not eat it's seed corn as well.

    Let us imagine the supply sider's dream of every American worker (except them) to be paid less than the wages in the lowest paid countries. Then there is no reason to outsource labor. Isn't this what we are told every waking moment?

    Okay, mission accomplished.

    Now let us imagine these people who are making that - oh, I don't know what you would call it - say "minimum liveable wage" Any less, and they'd starve to death.

    Now imagine all these Americans buying homes and cable tv and a new smartphone every year and taking trips to Disney World every year. and having retirement plans and going to eat in nice places and taking vacations to the shore.

    And just imagine the folks who would not have jobs where folks sped their money I don't mean to sound like a crazy man, but wouldn't it be a good thing to have more Americans make more money so they could buy more stuff so that your company sells more?

    The times I made more money in life I tended to spend more money. Go figure.

    Austerity only works for a very short time. Then it becomes a war of attrition like race to the bottom.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  34. Next time forum a union! by Joe_Dragon · · Score: 3, Insightful

    Next time forum a union!

  35. Re:Squeaky wheel. Oil it. by serviscope_minor · · Score: 2

    Yes, sure, it's up to every company to maximize its own profits.

    No it's not! This meme needs to die right now because it's a complete fiction.

    Directors have been sued for egregiously fucking up but have never been sued for failing to maximise profits. If that were the case then any company donating to charity (and many, many ones do) could face lawsuits for not using the donations for profit instead.

    --
    SJW n. One who posts facts.
  36. H-1B visa are not a free market by zerofoo · · Score: 3, Insightful

    In an ideal market, people would be free to move around and seek work where ever the wages and opportunity are right. In our real world, moving from country to country to work is limited by governments that want to protect their borders and labor pool.

    Try getting a visa to work in China or Brazil. Those countries do not readily allow foreigners to work "their" jobs.

    A government visa program designed to artificially increase a pool of workers is the exact opposite of a free market.

    1. Re:H-1B visa are not a free market by NormalVisual · · Score: 1

      Try getting a visa to work in China or Brazil. Those countries do not readily allow foreigners to work "their" jobs.

      Hell, that's true of Canada. A few months back I had to be in Alberta to provide on-site support for a new software deployment. The border guard was very intent on ensuring that I wasn't entering the country to displace Canadian workers and explicitly said so.

      I have zero problems with this kind of protectionism - a country's government exists for the benefit of the citizens of that country. Unfortunately the United States government has no such concern for its own people.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    2. Re:H-1B visa are not a free market by SuiteSisterMary · · Score: 1

      And the same is true of the states. Trying to cross the border from Canada into the States to start a job, transferring a Canadian company to it's brand new American owner, and getting stopped. Should have been a thirty second conversation with the border folks, under Trade NAFTA. Nope. I was trying to steal an American Jerb, and that was that.

      The company started to lawyer up, but I declined to continue the process, and stayed in Canada. What can I say, I was young, and foolish. In retrospect, I made the correct choice.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  37. It's not just Disney by tekrat · · Score: 1

    Large commercial banks are doing the exact same thing. As are, I'm sure, many, many other corporations.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  38. Re:Squeaky wheel. Oil it. by loonycyborg · · Score: 1, Funny

    Only Syria. Crimea seceded on its own due to people there looking for greener pastures and no real war happened there..

  39. Good for them by bravecanadian · · Score: 1

    About time someone starts at least trying to stand up to this type of treatment.

  40. H1Bs being locked to the job needs to be removed by Joe_Dragon · · Score: 4, Interesting

    H1Bs being locked to the job needs to be removed and the min wage to use one needs to set high say 80K-150K varying due to local COL's. And with an OT level of say up to 50 hours a week (agv over 1-2 months) 120-200K. 80+ hour weeks 150-225K. Payments in escrow for at least 6mo's out Unless the job has MAX time frame of 6mo or less.

    Can not be deported making a wage claim and the crop must keep paying into escrow if they fire the worker they can't reuse the H1B for the rest of the year unless they can have a clear case with documentation and proven in court as for why they where fired / layered off. Severance min of 2 mo's if the worker has been there over 6mo's or up to 6mo's if under.

  41. Yes but Disney contracted the work out so we did n by Joe_Dragon · · Score: 1

    Yes but Disney contracted the work out so we did not due the hiring they did.

  42. ban outsourcing firms from using them or cap by Joe_Dragon · · Score: 1

    ban outsourcing firms from using them or cap

  43. Re:ultimate intent was to replace U.S. workers by kilfarsnar · · Score: 4, Insightful

    Company wants to save money by replacing overpaid workers with cheaper ones? Story at 11. Really, I fail to see what the issue is here. This is a corporation doing what corporations do - try to minimize expenditures. These people were likely at will employees as as such have no guarantee of job security. If you are making a lot of money, expect to be under the microscope when the cost cutters come around. If you are truly worth it, you have nothing to worry about. This is just crybaby bullshit.

    For someone coming off as smug and superior, you are shockingly naive.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  44. Re:Disney Owns Star Wars! by Sique · · Score: 1

    The original idea behind the "70 years after the death of the Author" was that the author during his lifetime should have full control over his work, and it shouldn't pay to kill the author to have the work enter the public domain prematurely.

    --
    .sig: Sique *sigh*
  45. H1B minimum wage needs to go up by Joe_Dragon · · Score: 1

    H1B minimum wage needs to go up as they can clam that we can't find some willing to DO IT work for $10/hr with no benefits and HR says that the workers we have now will not be happy with the big pay cut to keep there jobs. Or that they don't like to car pool and that we find that for most $10/hr workers $20 a day to park is to much for them.

  46. Re:ultimate intent was to replace U.S. workers by kilfarsnar · · Score: 1

    Disney could also have saved the money if they just didn't pay the workers at all, let the debt pile up and shot everyone trying to go to the courts to demand the money. Also this is deemed illegal for some reason.

    But they're just trying to make a profit! Everyone knows anything is okay as long as you're trying to make a profit! Corporations are barely getting by as it is!

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  47. a "Fix" for this by laurencetux · · Score: 1

    im not sure how to get Employ Citizens First Act into a decent acronym but the plan is

    1 Actual Citizens (born here or otherwise) are first rung (80% of payroll tax paid)
    2 Green Card holders are next rung (90% of payroll tax paid)
    3 Visa holders next (120% of payroll tax paid)

    also i would tweak things so that a business will have to fund moving a person to higher slots in this (Visa holders get a Green Card funded Green card holders get Citizenship funded) and remove the Job lock bit on a visa holder (you dump a visa holder you A lose 2 Visas next year B have to find that person a new LOCAL job C pay* the expense to ship the person back (and lose an extra 5 visas next year)

    * oh btw no right off on that expense

    1. Re:a "Fix" for this by eWarz · · Score: 2

      Meh, just require companies to pay market rate to to foreign workers along with a higher tax rate. Watch those workers disappear overnight. Everyone says there is a shortage of IT workers. I don't believe there is a shortage, but rather companies set their expectations too high. If there wasn't a visa offering for tech workers (let's say you couldn't outsource either), I'm betting companies would find a way to make things work.

  48. in this case, more like "conblatantcy" by Pseudonymous+Powers · · Score: 1

    Doesn't the word "conspiracy" mean that you make at least a token effort to hide what you're doing?

  49. Re:Disney Owns Star Wars! by Chibi+Merrow · · Score: 1

    Great. Let's go back to fixed terms with optional renewals. Then there's no benefit to killing the author.

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  50. Lawsuits won't fix this by ErichTheRed · · Score: 5, Interesting

    It's interesting to see a new angle on this, and to see a group actually fighting back against such a large employer. But...lawsuits won't fix this long term. What is going to fix this is a professional organization with a little more teeth than something like the IEEE or ACM. IT Professionals (developers, systems guys, DevOps people, whatever) need to start standing up against stuff like this before any hope of combating it goes away.

    I walk the line between worker and manager in a lead position, so I see both sides of an employers' argument. Here's the uncomfortable truth -- there really is a shortage of qualified people, always has been. You need to find and hang on to qualified people for dear life, because you're not going to get a department full of superstars. The problem is that a lot of unqualified people can BS their way to a $150K+ job, and employers often don't know the difference between good and bad. Because of this, they're always looking to cut costs. So when Tata or Infosys comes in, and tells the CIO to write them a monster check to make their lazy good-for-nothing IT department go away, the argument holds water. Anyone working in an offshored IT environment knows that it never works out, but we do a very poor job of communicating our value to the business in some cases.

    Other professionals are much smarter than we are about this. They saw companies moving to limit their power and formed professional organizations. The AMA pays for legislation, makes political campaign donations, and ensures its members still continue to command high salaries. If they ever let up, United Healthcare or similar would buy a law saying that nurses or medical assistants could perform advanced procedures for 1/10 the cost. Same thing with engineers, accountants, etc. There is an accepted barrier to entry (medical school, accreditation, licensure, etc.) to weed out the first-level BS artists. Imagine if an IT professional with X years' experience came with a full well-rounded education in computing fundamentals and their speciality, as opposed to graduating from a certification bootcamp. Or if a developer could be guaranteed to know something other than the JQuery and Python scripting he was taught in Coder Academy. As an employer, I'd pay for that instead of having to cycle endlessly through crappy onshore and offshore employees.

    The point is that both sides have to give a little. Employers need to stop offshoring to the lowest bidder long enough to allow a talent pool to grow domestically, and IT professionals need to embrace the idea of a profession with salary progression commensurate with experience. If I were king and were able to form the IT Professionals Association tomorrow, here's what would happen:
    - A huge collection would have to be taken up from members to purchase legislation banning the most obvious abuses of the current visa system. (Not an outright ban, because the original idea is good.)
    - Some fundamental standards and practices would need to be established. This is the really hard part, because everyone is used to things going a million miles an hour and vendors promoting lock-in at every turn. But we're big boys and girls now, and computers are a part of our daily lives; their use should be more like a branch of engineering than a mad scientists' lab or skunkworks.
    - Experience levels would need to be set, and training requirements to reach the next level would need to be established. Yes, this includes the idea of licensure, and at the lower levels, the dirty word "apprenticeship." This would allow employers to pay less for lower-skilled domestic labor. Does that sound like a skilled trade? It should -- the fundamentals of computing are becoming skilled labor now, and the creative engineering work should be done higher up the stack by people who have done the grunt work before.
    - Members of the profession would need to start taking responsibility for their work, PE or medical malpractice style. It infuriates me when I've walked into projects where someone messed things up

    1. Re:Lawsuits won't fix this by micahraleigh · · Score: 1

      Another reason why I think this lawsuit is ultimately bad for me as a developer is potential future employers thinking, "If I hire domestically the thankless dingwads are going to turn around and sue me."

      I'd rather not be viewed that way.

    2. Re:Lawsuits won't fix this by MobyDisk · · Score: 1

      While I 100% agree with your post, this situation seems different.

      If I understand you correctly, you are balancing the issue of offshore workers -vs- American workers. Disney is totally within their rights to offshore workers. But this case is about *how* the offshoring is done. Disney contracted H1B workers to shadow the Disney employees and learn their jobs. That work should not have been done by H1B workers. So what will the plaintiffs get if they win? Compensation for that period of time where Disney abused the H1B system? Or maybe the government will file criminal charges and Disney could get a fine? But it won't bring back the jobs.

    3. Re:Lawsuits won't fix this by Ryanrule · · Score: 1

      Fuck you and fuck your mother.

    4. Re:Lawsuits won't fix this by Ryanrule · · Score: 1

      Well if you cant legally hire foreign, you will suck it up and deal with it, or not have a business, leaving room for someone better. Free market.

    5. Re:Lawsuits won't fix this by PJ6 · · Score: 1

      IT Professionals Association?

      How about the 'Professional IT Association'?

      ;)

    6. Re:Lawsuits won't fix this by micahraleigh · · Score: 1

      Do you see Disney's dropping of local talent for foreign as free market? Or are you proposing a "free" to hire anyone here kind of thing?

      I don't like the "not have a business" if its a contrived, imposed rule because then I have less options as a consumer and less places I can go work.

    7. Re:Lawsuits won't fix this by SuiteSisterMary · · Score: 1

      Consolidated Union of Network Technology Specialists.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    8. Re:Lawsuits won't fix this by Sir+Holo · · Score: 1

      ... It infuriates me when I've walked into projects where someone messed things up so badly they were fired, and they just clean up their resume and move on like nothing happened. That would be part of the bargain with employers -- they would get quality work or compensation in the case of incompetence.

      THIS. And how.

      A former employer instituted a new rule that no one was allowed to provide professional recommendations for former employees.

      Yet, their HR policy of requiring recommendation letters for any potential new-hire applicants remained in-place.

      WTF?

  51. Re:Squeaky wheel. Oil it. by Ol+Olsoc · · Score: 3, Insightful

    That's pure Socialism. In the USA have a MINIMUM wage - except for those exempted, such as agricultural workers, some food service workers, and congressional flunkies.

    By most computations, the minimum wage in effect for a given US locale is LESS than a liveable wage. Which means that something has to fill the gap: food stamps, welfare, charity, working 2 jobs, and so forth.

    Thus, what you are proposing is UN-AMERICAN and you should be ashamed of yourself.

    I'm assuming you are being facetious,

    But really, the achille's heel of supply side-ism is that eventually people cannot afford what you are supplying.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  52. Damn, where are my mod points when I need them! by Immerial · · Score: 1

    Definitely this. Basically businesses are socializing the expenses and privatizing the profits.

  53. Mexicans by phorm · · Score: 3, Interesting

    Except that while Trump is talking about building a wall against Mexicans or those from the middle-east, these aren't where the jobs are going. Instead, it's companies that make plenty of money that are hiding from taxation via foreign subsidiaries and then firing local domestic workers in favour of lower-paid imports all while claiming it's because they can't find talent. Additionally, it's in-sourcing companies providing low-budget labour at reduced quality overrunning the domestic mid-level workers while doing an end-run around labor laws.

    1. Re:Mexicans by swb · · Score: 1

      Trump has come out explicitly against the H1-B visa program, in addition to his more salsa-flavored immigration rants.

      Although one has to wonder where the Black opposition to Mexican immigration has been all these years.

      Unemployment in the 16-26 black male category runs 16-20% and the jobs illiterate, non-English speaking Mexicans take are the very "stepping stone" kinds of unskilled employment that presumably poorly educated urban blacks would otherwise be able to get.

      You can't call the employers racist -- they're willing to hire Hispanics with completely unknown backgrounds who quite often can't even speak English and probably aren't literate in Spanish, either, why on earth would they refuse to hire a black who speaks English and while poorly educated is likely at least functionally literate in English as well? At a bare minimum it simplifies management and workflow and keeps you from hiring the bilingual "boss hombre" to tell the workers what to do. (I know manufacturing plants that actually have that as an unofficial job position -- some Mexican who speaks decent English AND Spanish who is hired specifically to ride herd on the other Mexicans who might otherwise "no comprende" their way into not working).

      It only leaves a handful of very unflattering explanations. Either blacks just won't do the jobs (ie, believe they should just get a cushy office job at middle-class wages because...racism) or employers just won't hire them -- not because they're KKK racist, but because they're tired of no-shows, laziness, theft, etc, and in their desperation have figured out that by and large the Mexican will do an honest job even if it's kind of a pain in the ass to have employees you can't communicate with.

    2. Re:Mexicans by phorm · · Score: 1

      Wow... somebody doesn't have a rather bigoted opinion of blacks....

  54. Re:Squeaky wheel. Oil it. by hey! · · Score: 4, Interesting

    Well... I think there's a better way to deal with the program than eradicating it: calling the bluff of the people who say it's necessary.

    The critical claim is that there aren't enough trained tech workers in the US. So make the H1B dependent on intending to establish permanent residency. Then you get and keep your trained workers.

    The reasons companies don't want this is that the purpose of the program isn't to supplement the US workforce, it's to make it easier to ship their jobs overseas when the guest worker with all his newly accumulated experience is kicked out of the country. If there were a shortage of US expertise then we wouldn't be kicking successful workers out and bringing in less experienced ones.

    There is no shortage of techies in the US per se, but there's never enough good people. The best H1Bs I've met really do add a lot by being here -- as the best of any group of workers would. So let's keep the best people, who actually end up creating more jobs.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  55. Re:Squeaky wheel. Oil it. by serviscope_minor · · Score: 1

    Companies are legally obligated to focus on profits...

    Proof needed. You won't find any because it's bullshit.

    You know what happens if they don't have profits?

    Irrlevant. Generating sufficient profit is not the same as maximising profit.

    --
    SJW n. One who posts facts.
  56. Re:Yes but Disney contracted the work out so we di by tsstahl · · Score: 1

    So...if you hire a nanny service to care for your kids, you don't care to check if the candidate is a pedophile?

  57. Re:Squeaky wheel. Oil it. by currently_awake · · Score: 1

    If America needs these people, then give them citizenship. Otherwise you are just training foreigners to compete with America.

  58. The nanny service should be ones to do that by Joe_Dragon · · Score: 1

    The nanny service should be ones to do that but you can sue them over that.

    1. Re:The nanny service should be ones to do that by codeAlDente · · Score: 1

      So you would rely completely on the fact-checking and judgement of a nanny service, while hoping that the influence of the criminal justice system significantly deters the actions of pedophiles, and entirely omit any personal vetting of the person who takes care of your kids all day? Good God I hope you don't actually have kids.

      --
      He once inserted random mutations into his code, just so he could have the experience of debugging.
    2. Re:The nanny service should be ones to do that by Joe_Dragon · · Score: 1

      So I have hire my own PI and background check for nanny who I thinking about hiring? or just use a service that says we check them out for you.

  59. Re:rabble rabble JERB CREATORS! by Perl-Pusher · · Score: 1

    Corporations are all going international. The High US corporate tax rate has caused them to move operations to tax friendly countries. http://www.nytimes.com/2016/01... So how is raising taxes further going to help?

  60. Re:Squeaky wheel. Oil it. by arth1 · · Score: 1

    If America needs these people, then give them citizenship. Otherwise you are just training foreigners to compete with America.

    Don't assume that everybody wants US citizenship.

  61. Re:Squeaky wheel. Oil it. by Guybrush_T · · Score: 1

    H1-B here. And I agree so much with you. It's a shame that legitimate foreign qualified workers now have to play the lottery to get to the US because some companies are abusing the system. An H1-B reform is needed for the US, but also for foreign workers who would like to come to the US and cannot get an H1-B because of the flooding companies.

    Extending the H1-B quota is just a temporary workaround that won't help. The government should look for abusing companies and sue them. That's not so hard : look at the salaries, look at the number of applications (per-company), and it's pretty clear who is abusing the system. Prioritizing high salaries would certainly be unfair since the silicon valley would get all H1-Bs, but there is something to do about that.

  62. Re:rabble rabble JERB CREATORS! by Anonymous+Cow+Ward · · Score: 1

    I mean, unemployment in the US is pretty much back to pre-recession levels. I agree that we should cut back on handouts, but I think we should lower the tax rate and remove loopholes rather than raise the tax rate more.

    --
    Examine even your most deeply held beliefs. Nobody is always right.
  63. Re:Double standards by pipedwho · · Score: 1

    The difference is that Uber is disrupting a service/industry that is only non-competitive because of monopoly style regulatory capture. That is anti-capitalist and therefore ripe for displacement (and subsequent cheering). A typical employee cab driver still has the option to drive for Uber. It's the 'badge' holders and dispatch companies that are being hard hit, because they were protected from competition for so long by being able to buy up the limited number of taxi licenses that were made available in a given area.

    Whereas there IT workers being displaced is happening for the opposite reason. Ie. H1-B regulations are allowing employers (monied interests) to bring in temporary cheap labor thus driving down the value of the resource in a smaller segment without affecting the value of the economy as a whole.

    If either workers were required to have some kind of permanent residency (or be aiming towards it - i.e. immigrants), or if there were absolutely no restrictions on workers or immigration, then the system would be pure capitalist. However, in that case, the whole economy would be affected equally, and the cost of living would drop (or the dollar would drop), thus equalising/buffering the effect. That would effectively remove any benefit to the corporation from the above behaviour, thus curtailing the behaviour in a natural capitalistic way.

    So, no, this is not capitalism working. If anything, it is 'corporatism' working.

  64. Re:rabble rabble JERB CREATORS! by sjames · · Score: 1

    If they move ops out of the country, we class their products as imports and impose tariffs on them. Further, once they're foreign corporations under law, they naturally no longer have any standing to lobby or make political contributions here.

  65. Re:rabble rabble JERB CREATORS! by lamer01 · · Score: 1

    PACs don't have those limitations. That's how foreign corporations have been lobbying in the US for a while now.

  66. Re:rabble rabble JERB CREATORS! by budgenator · · Score: 1

    No, the unemployment rates are good, but the employment participation rate sucks about the same as in the 1950's when virtually only men worked. Only 48% of the population pays any taxes, that's not sustainable, It's going to have to be fixed and that is going to hurt.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  67. Re:rabble rabble JERB CREATORS! by sjames · · Score: 1

    Foreigners trying to influence the U.S. political process outside of diplomatic channels? Now, THAT is a legitimate target for the NSA and CIA.

  68. Re:rabble rabble JERB CREATORS! by Anonymous+Cow+Ward · · Score: 1

    That's fair. Employment participation rate is sometimes a better indicator of how the economy is doing, but I think it's going to become less good in the next few decades as population age demographics shift more towards the elderly.

    --
    Examine even your most deeply held beliefs. Nobody is always right.
  69. Re:ultimate intent was to replace U.S. workers by kilfarsnar · · Score: 1

    Wow, such an insightful statement contained in a mere simple declarative sentence that is nothing more than a mild ad hominem. It's not your fault, of course, that mods are stupid. Congratulations on your unearned moderation. Perhaps you could follow up your post with another that explains why AC's post is shockingly naive?

    Sorry to hurt your feelings. It's quite simple, really. Management is often not very good at identifying the real performers and critical people in a department or team. They make decisions based on politics, who kisses the most ass and who is related to the boss's wife. Most people who have been around the block a few times have learned this. YMMV.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  70. Re:ultimate intent was to replace U.S. workers by kilfarsnar · · Score: 1

    An post that merely quotes the parent and adds an ad-hominem attack should not be marked insightful.

    What's the matter? Don't AC's get mod points? Oh wait...

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  71. we petition the obama administration to: by NewYork · · Score: 1

    Expel Brahmin From Your Country;
    Never let your inferiors do you a favor. It'll be extremely costly;
    https://petitions.whitehouse.g...

  72. Re:Squeaky wheel. Oil it. by Sir+Holo · · Score: 1

    Attracting foreign workers shouldn't be blocked completely, but there should be a good reason for it. Someone who has skills you cannot get anywhere else. This should be reflected in the wage -- a H1B job should pay say, at least 200K/year or so. :)

    +1 Insightful, folks.

    Exceptional work should get exceptional pay, and if it isn't exceptional, there should be no problem finding resident workers.

    I'll play both sides of the fence here:

    Agreed about letting in exceptional workers. The ability of the US to use its "Brain Drain" power to bring in top-quality talent, and to retain them with a Green card eventually, has been a winning strategy on a global scale for the last century. Other countries pay to educate these people, and then the US grabs them once they have completed their nursing degree, PhD, or whatever. I only learned this when my friends back in grad school, who were almost all from abroad, would explain it to me – people from all continents but Antarctica. That is, the US has long externalized costs in this manner.

    But on the flip-side: This strategy accelerated in the late 20th century, and is now out of control. H-1B visas do not result in the above — They have effectively the opposite effect. Being a politically palatable type of "guest-worker" program, most of these foreign workers (most with Bachelors or higher degrees) eventually have to leave. They take whatever skills they have learned back home with them, enhancing the workforce talent-base of their home countries. The H1-B workers are willing to undergo what is essentially a post-graduate internship; save their cash like mad; and return home wealthy and with a higher market-value to boot. Those that stay are in some cases better, but in other cases simply cheaper — they want their children to have a better life, and make this sacrifice.

    Well, OK, those are the two extremes. In-between, if you have a huge burden of US student-loan debt, are home-grown, and are looking for, say, a Tenure-track University position — you are out of luck. You are too expensive. You are not wanted. You engaged in many years of voluntary poverty while working for that advanced degree. And what is your reward? . . . Ha. Nothing. Well, actually, it's punishment. You'll have significantly reduced job prospects, and then when your giant-Corp. employer brings in another batch of H1-B's, the US Social Safety Net will tell you that you are "too smartified" to qualify for any benefits to sustain your family while you look for another job. Be aware that "another job" will be something like a factory worker (I've met plenty in this position while on internships years ago). The only good bet is a position with a military contractors (requiring US Citizenship for security Clearance), but not really even there — they strongly prefer to hire "fresh-outs" because that is the cheapest labor that they can get. Experience counts against you.

    There is no nationalism here — I am only summarizing decades of observations.

    Everybody around the world knows that this is the case. This reversal of the situation is directly eroding the US middle and upper-middle classes (choose your definition), but slowly enough that the full effects haven't been apparent to any generation of living US voters. The end game is that, to oversimplify, the US is reversing the Brain Drain effect to the extent that its major export – un-taxed, unnoticed, and unrequited – is intellectual talent. Companies engage in this due to next-quarter focus on earnings, and not long-term strategy.

    This is globalization. But maybe that's OK. Because there will never be another war *cough*, it's fine for super-national Corporations to simultaneously impoverish the average citizen of their (typically) home country, who are their biggest market. At the same time this export higher-level intellectual skills

  73. Re:Squeaky wheel. Oil it. by Sir+Holo · · Score: 1

    Seriously. This sort of bean counter bullshit is going to continue until people no longer hesitate to drag it into the light.

    Yes, sure, it's up to every company to maximize its own profits.

    And its up to every company to not eat it's seed corn as well.

    Thanks for saying in a single sentence what just took me two pages to say (see above).

    The short answer is that human life-spans, and the rate of these socioeconomic shifts, are on about the same scale. Voters are not noticing, and investors are looking for shorter-term profits. And so the snake eats its own tail...