Affected Workers Try to Put the Kibosh in Bosch Attempt to Dismiss
There are also allegations that Bosch directed the foreign workers to repay tax refunds. The defendant attempted to have the lawsuit dismissed. However, the plaintiffs argued in California federal court last month against the granting of any motion to dismiss.
According to court documents, the lead plaintiff in the case was hired by the American subsidiary of Robert Bosch GmbH as an engineer and came to the US from India on a work visa. Suraj Kamath alleged in his November 2013 lawsuit that Bosch announced in 2012 that all non-US citizens employed by the company were required to repay all tax refunds across a four-year period from 2006 to 2011. The employer, according to plaintiff documents, remitted income payments on behalf of non-US citizens to taxation authorities.
“Bosch informed plaintiff that, if he did not sign a form declaration promising to pay Bosch the full amount of his tax refunds, Bosch would fire him, require him to return to India, make his life miserable, make sure that his life and career would be destroyed, make sure that he would not find another job anywhere and pursue criminal and civil lawsuits against him,” the complaint said.
The California labor lawsuit is Suraj Kamath v. Robert Bosch LLC et al., Case No. 2:13-cv-08540, in the US District Court for the Central District of California.
Meanwhile, the state’s driven labor commissioner is taking adherence to the California labor code to new heights with an awareness campaign that is intended to bring the message of fair and equitable pay and working conditions to low-wage workers throughout California.
“Immigrant workers in low-wage industries are especially vulnerable to wage theft, but may not be aware of their rights, may fear retaliation, or may mistakenly believe that they are not protected,” said Labor Commissioner Su, in comments published in an official state news release (4/30/14). “Another barrier is lack of trust in government or understanding of how the Labor Commissioner’s office can help. This campaign aims directly at these barriers by dispelling myths and educating workers on how to fight wage theft.”
The awareness campaign, which will be distributed through print, electronic and social media, is an addendum to increased enforcement of California labor employment law by Su’s office and that of the Division of Labor Standards Enforcement, which falls under the Department of Industrial Relations (DIR).
Violations to California and labor law not only cheat an employee out of earned pay, meal breaks and rest periods, but also provide the company responsible with an unfair advantage over those competitors abiding by the rules.
“The mission of the Department of Industrial Relations is to protect all workers with comprehensive labor laws and proactive enforcement throughout the state,” said Christine Baker, DIR Director. “This campaign increases familiarity with workers’ rights and employer’s responsibilities, and supports our efforts to level the playing field for law-abiding businesses.”
When the California labor code is not followed, a California labor lawsuit often results.
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