Undocumented Immigrants

News & Analysis as of

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

Eleventh Circuit Affirms Dismissal of RICO Claims

Is there a statute with a better acronym than RICO? The Racketeer Influenced and Corrupt Organizations Act, apart from its great acronym, has been both a great success and a tool for misuse. We don’t often see RICO...more

Employers Beware

As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted and I-9 violations are discovered, fines for simple paperwork violations, even if no undocumented...more

Immigration Alert: January 2014

I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more

New Protections for Whistleblowers and Suspected Undocumented Workers Take Effect January 14, 2014

The California Legislature had a busy year in 2013 and produced a great deal of employment-related legislation which just took effect on January 1. Because retaliation claims against employers have been on the rise for...more

Immigration Corner: Snapshots of Both Big Picture and Meaningful Small-Scale Developments in the World of Immigration

Happy New Year! This month: "Friending" the Department of State on Facebook, BIA shines a light on the foggy EAD requirement for E and L spouses, and an unusual new member of the California State Bar....more

eAlert - California Employment Legislative Update: What's New for 2014?

In California, the New Year means new laws and regulations for California employers. Below we summarize new legislation that will affect employers doing business in California beginning January 1, 2014, unless otherwise...more

Ringing in the New Year: A Summary of New California Employment Laws for 2014

California’s 2012-2013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...more

Immigration Corner: Snapshots of Both Big Picture and Meaningful Small-Scale Developments in the World of Immigration

On November 18, 2013, E-Verify announced an enhancement to combat identity fraud. USCIS can now “lock out” social security numbers that appear to have been used fraudulently. Once locked out, “tentative non-confirmations”...more

USCIS Issues Policy Memo on Parole of Non-Citizen Family Members of Military Service Men and Women

Parole in place (PIP) is an immigration procedure that allows qualifying family members who entered the U.S. without inspection and admission to apply for green cards (adjustment of status) while in the U.S., instead of being...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

Immigration Legislation Update

In 2013, supporters of comprehensive immigration reform had high hopes for a significant overhaul of the nation’s immigration system, a prospect that appears increasingly unlikely as the end of the year approaches. While...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

The Going Gets Steeper: 2013 California Employment Legislation Affecting Private Sector Employers

The California Legislature concluded its 2013 regular session on September 12 with a flourish, sending a total this year of 896 bills to Governor Jerry Brown for approval (of 2,256 introduced). By the signing deadline last...more

Immigration Corner

This month: driver's licenses in California and an update on immigration reform. California Driver's Licenses for Undocumented Persons - On October 3, California Governor Jerry Brown signed a law, known as...more

California Extends Deadline to Consider Early Prison Release for Immigration Law Offenders

California is currently considering a number of possible solutions to its prison overcrowding problems – one of which is an early release of immigration offenders. Last month, a three-judge panel agreed to extend until...more

Comprehensive Immigration Bill Hoping to Reignite Conversation on Reform

On October 2, 2013, House Democrats introduced H.R. 15, “The Border Security, Economic Opportunity, and Immigration Modernization Act.” H.R. 15 is a comprehensive immigration reform bill modeled on Senate bill S.744,...more

New Immigration Reform Bill Introduced in United States Legislature

On October 2, 2013, members of the Democratic Political Party in the U.S. House of Representatives introduced H.R. 15, “The Border Security, Economic Opportunity, and Immigration Modernization Act”. H.R. 15 is a comprehensive...more

Is Mandatory E-Verify On The Horizon?

In June 27, 2013, the U.S. Senate passed S.744, the Comprehensive Immigration Reform bill introduced by a bipartisan group of senators known as the "Gang of Eight." One of the main tenets of the bill is a path to...more

More Undocumented Immigrants Are Being Sent to Prison

Undocumented immigrants make up the fastest growing segment of the federal prison population. Of the more than 60,000 people convicted of immigration crimes this year, most have been entered (or re-entered) the country...more

It’s All or Nothing With I-9s and Nothing Proves Costly

A Washington drywall company recently learned the hard way that a partially completed I-9 form is insufficient to avoid costly penalties. The company was fined over $280,000 by the Department of Homeland Security’s...more

Immigration Reform: What Will Happen to the “Path to Citizenship” Campaign?

Immigration reform seems to be more uncertain than ever. As we recently reported, proposed legislation seeks to amend the Border Security, Economic Opportunity and Immigration Modernization Act to allow a large percentage of...more

Employment Law -- Aug 13, 2013

EEOC Targets Cancer Discrimination - Filing two new lawsuits, the Equal Employment Opportunity Commission is cracking down on employers allegedly discriminating against workers with cancer. In Oklahoma the...more

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