Undocumented Immigrants

News & Analysis as of

New California Employment Laws for 2015 and Beyond

It is that time of year again, California. As the days grow shorter and the nights grow semi-colder (it is still California after all), a flurry of activity begins as employers revisit their policies and handbooks to assess...more

Executive Order Requires State Agencies and State Contractors to Use E-Verify

On December 3, 2014, Texas Governor Rick Perry issued Executive Order No. RP-80, which requires state agencies and state contractors to use E-Verify. The Order imposes, as a condition of all state contracts for service, a...more

Foreign Investment + Construction = Green Card

When you talk about construction and immigration it’s usually about undocumented workers and the underground economy, at least here in California and other border states. But a recent article I read wasn’t about poor, illegal...more

Will The President's Immigration Initiative Spur FLSA Claims?

Lurking among the numerous considerations raised by President Obama's "immigration accountability" initiative are the prospects that this action will result in more allegations by or on behalf of the affected individuals that...more

Undocumented Worker Can Cause Health Plan Problems

Employers know that since the 1980s they have been required to check the lawful work status of employees that they hire through the I-9 process. Employers also know that Immigration and Customs Enforcement (ICE) can audit...more

17 States Sue Over President Obama’s Immigration Order

On December 3rd, seventeen states sued the U.S. in a Texas federal court over President Barack Obama’s executive order on immigration. The states claim the President’s order is an unconstitutional exercise of power and seek...more

Texas and 17 States Sue Over the President’s Executive Action on Immigration

On Wednesday, December 3, 2014, the attorneys general and governors of 17 states filed a complaint for declaratory and injunctive relief with the United States District Court for the Southern District of Texas challenging...more

President Obama's Executive Action on Immigration

On November 20, 2014, President Obama addressed the nation and outlined his planned executive actions on immigration. The following day he issued two Presidential Memoranda setting forth additional directives for modernizing...more

Immigration Issues in the Massachusetts Governor Race

On Tuesday evening, the candidates for Massachusetts governor met in their last debate ahead of Tuesday’s general election. Throughout the campaign season, Massachusetts Gubernatorial candidates Martha Coakley (D) and Charlie...more

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Illegal Worker Could Bring Discrimination Claim

Ms Hounga, a Nigerian national, lived and worked illegally in the UK. She worked as a live-in nanny and housekeeper for Mrs Allen, who had played a significant part in bringing Ms Hounga illegally into the UK. Mrs Allen...more

Penalties for Hiring Undocumented Workers

Employers have several obligations when it comes to verification of employment immigration status. Under federal immigration laws, an employer is required to verify the employment eligibility of all of its employees; the...more

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the...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

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

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

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more

Under the Dome: Inside the Maine State House

Governor, Attorney General Disagree Over General Assistance - In what has been characterized by some as capitalizing on a national political issue, the Department of Health and Human Services has issued guidance to...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

New Florida Law Gives In-State Tuition to Certain Undocumented Students

On June 9, 2014, Florida Governor Rick Scott signed a bill allowing certain Florida students without a lawful immigration status to receive in-state college tuition rates. The new law will go into effect on July 1, 2014. ...more

U.S. Supreme Court Declines to Reinstate Arizona Law Criminalizing the Harbor of Illegal Immigrants

The Background of Arizona’s Immigration Reform - Arizona has been a bellwether state in terms of immigration reform. In 2010, the Arizona legislature passed a sweeping immigration package, which was then signed into...more

Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...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

Supreme Court Lets Two FLSA Rulings Stand: Yes on Personal Liability and Undocumented Workers’ Standing to Sue

Last week, the Supreme Court of the United States decided that it would not review two wage and hour cases. The first, Catsimatidis v. Irizarry, which was resolved through a settlement agreement, considered whether an...more

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