Posts tagged with: "undocumented"
Results 1 - 20 of 150
Sorted by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
17 Mar 2012, 6:15 am by Andrew Frisch
Enriquez v. Cherry Hill Market Corp. This case was before the court on the plaintiff's motion for conditional certification. As discussed here, it is of interest, because of the language the court approved with regard to the Notice to be sent to the class. Specifically, among other things, the court ruled that a warning to potential opt-ins that they may have to participate in the case was unduly chilling and further held that it was appropriate to notify putative class members that their… [read post]
18 Sep 2013, 5:21 am by Andrew Frisch
Lucas v. Jerusalem Cafe, LLC Following a jury verdict, in favor of the plaintiff-employees, the defendant-employer appealed. As discussed here, the defendant-employer contended that plaintiffs, undocumented (or “illegal”) aliens lacked standing under the FLSA to assert a claim for unpaid wages. Reasoning that unauthorized aliens fit within the definition, scope and purpose of the FLSA, the Eighth Circuit affirmed the jury’s verdict in favor of the workers, and held that… [read post]
17 Nov 2011, 2:24 pm by Andrew Frisch
Solis v. Cindy’s Total Care, Inc. This case, brought by the Secretary of Labor, was before the court on the Secretary’s Motion in Limine to exclude any reference to plaintiffs’ immigration status at trial, due to irrelevance.  The underlying case concerned nails techs who worked at defendant’s nail salon, presumably at least some of whom were undocumented workers.  The court agreed with the Secretary that such information was irrelevant to the issues at bar- namely whether defendant had… [read post]
16 Jan 2013, 5:30 am by Andrew Frisch
Anyone who has ever moved for or opposed a motion for conditional certification (i.e. a “Stage 1″ motion) of a collective action is likely familiar with the common defense tactic whereby a defendant asserts that the named plaintiff and members of the putative class are not similarly situated. Typically a defendant argues that individualized issues pertaining to the claims of the named plaintiff(s) (and members within the putative class) render the case ill-suited for class/collective… [read post]
1 Oct 2010, 12:47 pm by Andrew Frisch
Ulin v. Lovell’s Antique Gallery This case was before the Court on the parties’ cross motions for summary judgment on a variety of issues.  As discussed here, the Defendants asserted that the Plaintiff, an undocumented immigrant, was not entitled to recover unpaid overtime wages and/or liquidated damages under the FLSA, because he fraudulently obtained his job by providing false documents to the Defendants.  The Court roundly rejected this assertion, ruling that neither Plaintiff’s… [read post]
24 Oct 2011, 2:18 pm by Louis Pechman
The Movement to End Wage Theft, a report on minimum wage and overtime violations nationwide, was released this month by the Discount Foundation.  The report examines the wage theft movement and strategies that have been developed by workers’ rights organizations and attorneys to combat violations of employment laws. [read post]
18 Oct 2010, 9:07 am by Louis Pechman
Judge Thomas E. Boyle, United States Magistrate Judge in the Eastern District of New York last month denied an employer’s request to get discovery of the immigration status of workers who sued their employer for overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”). Judge Boyle’s decision in Uto et al. v. Job Site Services, et ano, 10 Civ. 0529, pointed out that “numerous lower courts have held that all employees, regardless of their immigration status, are… [read post]
11 Oct 2010, 10:45 am by Louis Pechman
Last week federal agents arrested 23 people on charges that they smuggled 70 people from China to work in Chinatown restaurants for below minimum wage. The restaurant owners allegedly targeted undocumented immigrants for work in the restaurants because the restaurant owners knew they could pay these workers below minimum wage.  According to a statement released by the Manhattan U.S. Attorney Preet Bharara, the defendants “allegedly trafficked in human beings, making money off of the backs of… [read post]
11 Mar 2013, 9:01 am by Louis Pechman
In an important decision supporting the rights of undocumented workers for protection under the labor laws, the Eleventh Circuit Court of Appeals ruled that undocumented aliens could recover overtime wages due to them under the Fair Labor Standards Act. The court, in Lamonica v. Safe Hurricane Shutters, Inc., rejected the employer’s argument that two undocumented should be barred from a recovery because they did not accurately report their income to the IRS, used false social security numbers,… [read post]
21 Nov 2011, 2:36 pm by Louis Pechman
The immigration status of undocumented workers is irrelevant to claims of unpaid overtime and illegal pay practices, according to the recent decision of Judge Paul Englemayer, a United States District Court Judge in New York. In the case of Solis v. Cindy’s Total Care, Inc., Judge Englemayer stated: “In this case, an employee’s immigration status, or national origin, is clearly irrelevant to a claim for back pay for overtime wages under the FLSA.  By its term, the FLSA applies to ‘any… [read post]
25 Nov 2013, 2:28 pm by Maria
California AB 60 of 2013 requires the state Department of Motor Vehicles (DMV) to issue driver’s licenses to persons who are ineligible for a Social Security Number (SSN) if additional documentation is provided, such as a valid, unexpired consular identification document issued by a consulate or a valid unexpired passport, or an original birth certificate or other proof of age, or a home utility bill, lease or rental agreement or other proof of state residency, or even a marriage license...… [read post]
3 Jun 2010, 9:34 pm by David Centeno
I often am asked by clients whether a social security number is required to get a New York divorce.  The short answer is yes and no. Confusing, right?  Let me explain… Even if you are an undocumented immigrant (i.e., an illegal alien), you can still get a New York divorce.  The court will not alert the government of your undocumented status.  So you are safe from deportation and can still get a New York divorce.  Let me repeat, you will not be deported and can get a New York uncontested… [read post]
9 Apr 2012, 10:52 pm by Virginia Hunt
Injured workers in Nevada who do not have proper written proof of their right to legally work in the United States are entitled to the same benefits as any other injured worker, except for vocational rehabilitation benefits.  All injured workers are entitled to medical care for a work-related injury while working for a Nevada employer, even if they are working in the United States illegally.  The injured worker does need to be able to prove that he was working for a Nevada employer at the time… [read post]
6 May 2010, 6:21 am by admin
The Congressional Research Service (“CRS”) has released two recent reports which seek to analyze the extent of undocumented aliens in the U.S. and on the permanent residency (“green card”) programs.  In a series of articles, we will comment on the CRS reports with this article focusing on the unauthorized aliens in the U.S..  Both reports are helpful in providing some current information on the state of the U.S. immigration system and on the conflicting priorities which are likely to be… [read post]
13 Jul 2011, 8:31 am by McNabb Associates, P.C.
The U.S. Attorney's Office Southern District of Texas on July 11, 2011 released the following: "(McALLEN, Texas) - Joel Alonso Rivera-Martinez, 37, of Mexico, has been indicted by a federal grand jury for passport fraud (making a false statement in a passport application) and making a false claim to citizenship, U.S Attorney José Angel Moreno announced today. Rivera's prosecution began with the filing of a federal criminal complaint following his arrest. According to the allegations in the… [read post]
28 Mar 2011, 4:05 am by Andrew Frisch
Jin-Ming Lin v. Chinatown Restaurant Corp. This case was before the court on the parties cross-motions to compel discovery.  It appears that, as often occurs, the defendant was all too happy to employ plaintiff, an undocumented immigrant, prior to plaintiff’s filing of his FLSA case.  However, once the FLSA case was filed, the employer sought to fight the FLSA claim on the basis of plaintiff’s immigration status.  As discussed here, the court denied defendant’s motion to compel discovery of… [read post]
2 Jan 2014, 1:15 pm by lawmrh
Since the California State Legislature took matters into its own hands and passed AB 1024 allowing applicants who satisfy admission requirements — but who are not lawfully present in the United States to be admitted as attorneys in California, no further can kicking down the road was needed. Governor Jerry Brown signed Assembly Bill 1024 into law on October 5th. So this morning — one day after AB1024 officially became law and in a move that surprised few, the California Supreme Court… [read post]
18 May 2011, 12:37 pm by admin
Did the Federal District Court make the right decision finding an immigrant, who is unauthorized to work in the USA, can still recover lost wages in a negligence action? [read post]
29 Aug 2011, 12:10 pm by The JAG HUNTER
OBAMA’S ILLEGAL ALIEN UNCLE ARRESTED…LINK Courtesy of NOBARACK08 (click on images above and below) [read post]