Tesla Faces Class Action Over 'Wage Theft' Amid Preference For H-1B Workers Following Elon Musk's Push To Optimize Visa Practice

Benzinga
2025.09.13 05:00
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Tesla Inc. is facing a class action lawsuit in federal court, alleging discrimination against U.S. workers in favor of H-1B visa holders, which plaintiffs claim leads to lower wages. The lawsuit, filed in San Francisco, highlights that Tesla hired 1,355 H-1B workers while laying off over 6,000 domestic employees. Plaintiffs argue this practice constitutes 'wage theft.' The case emerges amid scrutiny of corporate hiring practices and financial pressures for Tesla, which reported a 12% revenue decline in Q2 2025.

Tesla Inc. TSLA is facing a proposed class action in federal court accusing the electric vehicle maker of favoring foreign visa holders over U.S. citizens in hiring and firing decisions, a practice plaintiffs allege allows the company to pay lower wages.

Tesla shares were up 7.36% during Friday's regular session and down 0.0.99%, according to Benzinga Pro.

Lawsuit Filed In San Francisco

The lawsuit, filed Friday in San Francisco federal court, claims Tesla systematically discriminates against American workers in violation of civil rights law, reported Reuters.

According to the complaint, Tesla hired an estimated 1,355 H-1B visa holders in 2024 while laying off more than 6,000 domestic employees, "the vast majority" believed to be U.S. citizens.

Plaintiffs Scott Taub, a software engineer and Sofia Brander, a human resources specialist, say they were denied interviews at Tesla after disclosing they did not require sponsorship.

Taub said he was told one position was "H1B only," while Brander alleged she was passed over despite previously working for Tesla as a contractor.

The complaint argues that Tesla prefers H-1B visa workers because they can be paid less than U.S. employees for equivalent work — a practice the plaintiffs call "wage theft."

Elon Musk Defends Visa Program

The lawsuit points to a December 2024 post on X, formerly Twitter, by Tesla CEO Elon Musk, a naturalized U.S. citizen who once held an H-1B visa.

At the time, Musk posted, "The reason I’m in America, along with so many critical people who built SpaceX, Tesla and hundreds of other companies that made America strong, is because of H1B."

Lawyers for the plaintiffs said the case could affect thousands of U.S. workers who either applied for Tesla jobs and were not hired or were laid off while visa holders remained.

Corporate Context And Political Climate

The lawsuit comes as corporate hiring practices face heightened political and legal scrutiny.

President Donald Trump has barred diversity, equity and inclusion programs for federal contractors, prompting major corporations, including Coca-Cola KO, PepsiCo PEP, Meta Platforms, Inc. META and Amazon.com, Inc. AMZN to scale back initiatives.

Meanwhile, Costco reaffirmed its DEI policies after unanimous shareholder support.

Tesla's Financial Headwinds

The lawsuit also lands during a period of financial pressure for Tesla.

The company reported second-quarter 2025 revenue of $22.5 billion, down 12% year-over-year and short of analyst expectations.

Tesla said it began early production of a more affordable model in June, with volume output planned for later this year. It is also advancing the development of the Tesla Semi and Cybercab, slated for mass production in 2026.

Benzinga’s Edge Stock Rankings show that TSLA continues to trend positively over the short, medium and long term, with more detailed performance insights available here.

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