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Unauthorized Work Status Does Not Bar Discrimination Claims

In Salas v. Sierra Chemical Co., the California Supreme Court held that an undocumented worker who was wrongfully terminated in violation of the California Fair Employment and Housing Act (FEHA) may be awarded lost pay...more

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 41: Discrimination Laws Apply To...

Illegal immigration is one of the biggest political issues of the 21st Century in the United States, as both political parties support the reform of immigration laws in one way or another. Until the laws are reformed, the...more

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

U.S. Government Remains Firm on “Deferred Action” Despite Suit to Shut It Down

On Monday of this week, U.S. District Court Judge Reed O’Connor held a hearing on a Complaint filed by U.S. Customs and Immigration Enforcement (“ICE”) agents who are challenging the federal “deferred action” program...more

Appeals Court Rules on State Immigration Laws in Alabama and Georgia

In three separate decisions issued on August 20, 2012, the Eleventh Circuit Court of Appeals, applying the U.S. Supreme Court’s decision in Arizona v. United States, held that key provisions of state immigration laws passed...more

Supreme Court Bars Arizona, Other States From Criminalizing Alien Employment

The key takeaway for employers from the Supreme Court's ruling yesterday on Arizona's controversial Senate Bill (SB) 1070 law is that states cannot make criminals out of those in their jurisdiction who work or seek employment...more

Ariz. Immigration Ruling May Save Cos. From State Law Hassles

Originally published in Law360, New York (June 25, 2012, 8:49 PM ET) The U.S. Supreme Court's ruling that several portions of Arizona's controversial immigration law were preempted by federal law will likely stanch the...more

The U.S. Supreme Court Strikes Down Most of Arizona’s Immigration Law

Today, the U.S. Supreme Court handed down a decision on the 2010 Arizona statute that created new criminal penalties and police procedures for addressing the problem of illegal immigration in that state. The Court ruled that...more

Justices Seem Open To Upholding Ariz. Immigration Law

Originally published in Law360, New York (April 25, 2012, 4:53 PM ET) The federal government appeared to find little support at the U.S Supreme Court on Wednesday for its arguments that one key provision of Arizona's...more

Alabama Immigration Law Upheld – Mostly

On September 28, 2011, U.S. District Court Judge Sharon Lovelace Blackburn upheld the key provisions of Alabama's immigration law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Alabama's immigration law is...more

Get Ready For E-Verify

Increasingly, states have become lightning rods for controversial employment issues. Last winter, Wisconsin became a battleground over public employee unions. Then Arizona attracted national attention when it adopted strict...more

Is E-Verify Requirement Coming to Pennsylvania Employers?

On May 26, the U.S. Supreme Court upheld the Legal Arizona Workers Act Against a federal pre-emption challenge. Signed into law by the then-Gov. Janet Napolitano in 2007, the law mandates that all Arizona employers use...more

Supreme Court Immigration Decision Means "Patchwork Regulation" For Employers

The U.S. Supreme Court's recent decision in Chamber of Commerce of the United States v. Whiting, which upheld an Arizona statute that sanctioned employers for knowingly or intentionally employing unauthorized aliens, means...more

Supreme Court Upholds Arizona Legal Workers Act

n May 26, 2011, the United States Supreme Court issued a 5-3 decision in Chamber of Commerce v. Whiting upholding the Arizona Legal Workers Act (“the Act”). The Act provides that the business licenses of employers who...more

U.S. Supreme Court Upholds Arizona Law Sanctioning Employers for Hiring Unauthorized (Illegal) Aliens

Alaskan and other Pacific Region employers should brace for potential fallout In Chamber of Commerce v. Whiting, a case closely watched by businesses, state and local chambers of commerce, and immigration policymakers, the...more

Supreme Court Upholds Arizona Law On Illegal Immigration

Yesterday, the Supreme Court held in Chamber of Commerce v. Whiting that the controversial Arizona law on illegal immigration–the Legal Arizona Workers Act of 2007–was not preempted by federal immigration laws. The federal...more

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