Immigration Civil Remedies

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Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more

IRCA Does Not Preempt FEHA, But Limits Available Remedies

In Salas v. Sierra Chemical Co., the California Supreme Court addressed the issue of whether the federal Immigration Reform and Control Act (“IRCA”) preempts the application of the antidiscrimination provisions of...more

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

Did You Know…California Supreme Court Holds Undocumented Workers Are Not Barred From All Relief

In Salas v. Sierra Chemical Co. the California Supreme Court recently held that an undocumented worker who fraudulently obtained employment through use of someone else’s social security number may seek damages for employment...more

Judge Rules to Limit Mandatory Detention of Immigrants in California

On Thursday May 15, United States District Court Judge for the Northern District of California, Yvonne Gonzalez Rogers granted a motion for a preliminary injunction and motion for class certification in Preap v. Holder, a...more

Undocumented Workers and The National Labor Relations Act

Undocumented Workers Are Employees - It is well established that undocumented workers are “employees”, as that term is defined in the National Labor Relations Act, 29 U.S.C.151, et. seq. (the Act). In essence, the Act...more

13 Changes To California Law In 2014: What Employers Need To Know

Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers...more

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Settlement Of HB 56 Lawsuit Means Permanent Injunction Against Some Provisions Of Alabama’s Immigration Law

On October 29, 2013, the Southern Poverty Law Center (SPLC) published a settlement agreement reached with the State of Alabama to end its challenge of HB 56, Alabama’s immigration law in exchange for a court order permanently...more

Macy's Fined $175,000 And Ordered To Create $100,000 Back Pay Fund For Violations Of Anti-Discrimination Law In The Form I-9...

In June 2013, Macy’s Retail Holdings and other Macy’s entities (Macy’s) entered into a settlement agreement with the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

Religious Institutions Update - July 2013

Have you ever wondered how the United States Constitution came to incorporate "free exercise of religion" in the First Amendment? James Madison wrote the initial draft of the Bill of Rights. He and other Federalists initially...more

Immigration Alert: April 2013

In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more

Judge Rules for Same-Sex Marriage Partner Who Was Denied Immigration Benefits

On Friday, April 19, 2013, U.S. District Court Judge Consuelo Marshall in Los Angeles, CA, ruled that the U.S. Citizenship and Immigration Services (the “USCIS”) denied Jane Deleon equal protection of the law when it refused...more

Immigrants Await Results of Suit Against U.S. and Jefferson County, Illinois

It has now been more than two months since the National Immigrant Justice Center (“NIJC”) filed a lawsuit against officials of U.S. Immigration and Customs Enforcement (“ICE”) and Jefferson County, Illinois relating to the...more

H-2B Adjudication Temporarily Suspended

U.S. Citizenship and Immigration Services (“USCIS”) has temporarily suspended adjudication of most H-2B petitions for temporary non-agricultural workers in response to the Court order entered March 21, 2013 in Comite de Apoyo...more

Illegal Workers Can Recover Lost Wages for Texas Tort Claims

A recent decision from the Fifth District Court of Appeals in Dallas held that federal immigration laws do not preclude illegal workers from recovering damages, including lost wages, for Texas tort claims. ...more

New Year….New Laws: A Preview of 2013 Family Law Statutes

Each new year brings us new laws, and this year is no different. Some years there are more significant law changes than in others, but regardless of the significance or insignificance, each and every person is responsible...more

J-1 Interns and Trainees: What happened at Wyndham should stay at Wyndham

A recent Wall Street Journal article appeared about J-1 interns and trainees who had been placed at Wyndham Bonnet Creek Resort for what appeared to be bona fide internships in hotel and restaurant management. The young...more

How Will the Arizona Immigration Law Affect Education Law?

On April 25, 2012 the U.S. Supreme Court heard arguments regarding the constitutionality of the controversial Arizona immigration law. The Court’s decision on the Arizona law will have broad implications on schools across the...more

Two Distinct State Citizens For Purposes Of Diversity Of Citizenship

In any State of the Union, since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there are now two distinct state citizens. The first is recognized at Article IV, Section 2, Clause 1 of the...more

Johnson v. Whitehead, et. al

Petitioner's Reply to Respondent's Opposition to Certiorari

Petitioner's reply to the Solicitor General's Opposition to Certiorari. The Solicitor General challenged Petitioner's claim regarding the unconstitutionality of former 8 U.S.C. §1432 (a statute that discriminates based on...more

Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.

Originally published in Midlands Biz November 1, 2011. Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year’s...more

Federal Appeals Court Blocks Parts Of Alabama Immigration Law

On October 14, 2011, the U.S. Court of Appeals for the 11th Circuit temporarily blocked two sections of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, while it considers the merits of the U.S. government’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

Executive Labor Summary - July/August 2011

In this issue: Breaking news . . . Wilma Liebman’s term expires!; Employers must post notice explaining employees’ right to organize; Boeing trial not yet off the ground; Not all social media complaints about work are...more

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