MUMBAI: A Californian law firm looks set to file a class action suit against Infosys Technologies for allegedly failing to pay overtime wages to immigrant computer programmers in California, i.e. Indian programmers working in that state.
The law firm, United Employees Law Group, PC, claims to be investigating allegations that programmers and software consultants from India brought to California on H-1B visas are being paid considerably lesser than what the law stipulates.
While the payment is considerably more than what programmers get paid in India, it is reportedly less than what the California state laws specify, the law firm has said. Californian labour laws protect employees from unfair business practices like unpaid overtime.
The California Labor Code 515.5 mandates that employees in the computer software field may be exempt from overtime pay if they meet several requirements.
One exempt-status requirement involves hourly wages: “The employee’s hourly rate of pay is not less than $47.81, or the annualised full-time salary equivalent of that rate.”
According to details available on the website of the law firm, if a California-based employee, whether a US citizen or foreign citizen holding an H-1B visa, works in the computer software industry and is not paid at least $47.81 per hour or the annual salary equivalent of approximately $99,445, and works more than eight hours a day or 40 hours a week, he or she may be entitled to overtime wages.
In addition, the department of labour imposes wage requirements on employers of H-1B workers.
California is where Silicon Valley is and software programmers are the highest paid in this state, which is famous for being the hotbed of technological innovation around the world. Infosys’ California offices are in Silicon Valley - Fremont, Berkeley Heights, and Lake Forest.
Responding to an email from DNA Money, an Infosys statement said that the company adhered to all regulations in the countries that it operated in. “Infosys is a company that adheres to all legislation in all the countries we operate in. We are in compliance to the best of our knowledge in all areas,” the statement said.
The statement did not give any details on whether the company was in receipt of any communication from the said law firm or whether any of its employees could have brought any such (illegal) practice to the notice of the law firm.
The law firm has invited employees of Infosys Technologies in California to write in and give details in case they were paid less than $47.81 per hour.
