Employment Law

Indian Tech Workers

Issue: Violation of employment laws

Lieff Cabraser represents Indian nationals and other non-U.S. citizens in class action lawsuits who have worked in the United States on H1-B or L-1 visas in information technology jobs. The lawsuits allege claims for breach of contract and violations of U.S. labor laws.

For example, in a lawsuit against the Indian corporations Tata Consultancy Services, Ltd, and Tata Sons, Ltd, citizens of India who were employed in high tech or IT jobs by Tata in the U.S. charged that Tata uniformly:

  1. Breached their standard employment contract by forcing employees sent to the U.S. to pay back to Tata their federal and state tax refunds and by deducting their separate Indian salary from their U.S. salary; and
  2. Deprived employees of earned wages and accurate wage statements in violation of state labor law.

In July 2013, the Court approved a $29.75 million settlement of the class action lawsuit against Tata.

Lieff Cabraser is investigating other Indian and American companies that may have also breached employment agreements and violated state labor laws for Indian employees sent or transferred to the U.S. The claims we are investigating include:

  1. Improper deductions of pay;
  2. Charging assessments and exorbitant fees for visa applications, recruitment, and other charges never disclosed or in breach of the employment agreement;
  3. Failure to provide overtime compensation, meal breaks, or rest breaks in accordance with state and federal law; and
  4. Failure to pay the amount promised in employment contracts, or H1-B or L-1 visa applications

Contact Lieff Cabraser

Current and former Indian software professionals, tech workers, and information technology (IT) service employees who wish to learn more about your legal rights under U.S. law or submit a complaint for a review of their case by an employment attorney at Lieff Cabraser should use the form below.

There is no charge or obligation for our review of your claim. All information will be kept strictly confidential as provided under the law.

Or you may call Lieff Cabraser and ask to speak to employee rights attorney Anne B. Shaver toll-free at 1-800-541-7358 (or 415-956-1000).

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    Background on U.S. Class Action Law

    A class action is a type of lawsuit in which one or several persons sue on behalf of a larger group of persons. Many of our cases started as the result of complaints by one or a handful of persons.

    However, if no one who has been by the corporation steps forward and agrees to serve as the class representative, the class action lawsuit can not be filed.

    A class action is often the sole means of enabling persons to remedy injustices committed by powerful, multi-million dollar corporations and institutions. As stated by former United States Supreme Court Justice William O. Douglas, "The class action is one of the few legal remedies the small claimant has against those who command the status quo."

    For example, where each employee suffered economic damages, but not on in the hundreds of thousands or millions of dollars, the cost of filing and litigating individual lawsuits for each employee would be far greater than the value of each claim and as such bringing lawsuits for each employee would be prohibitive. The total damages, however, to all impacted employees could be quite large, in the tens of millions of dollars. The wrongdoer would have the incentive to continue its fraudulent conduct but for the filing of a class action lawsuit.