Mark Goldstein contributed to the content of this post.
As Washington debates immigration reform, a New York federal court has addressed an issue that presents itself with increasing frequency: whether undocumented workers can seek back pay and reinstatement when they are improperly terminated for participating in protected labor activities. The Second Circuit has held that undocumented workers cannot recover back pay, but it left unresolved the critical question of whether they can seek reinstatement.
Continue Reading Docking the Undocumented? Federal Court Addresses Undocumented Workers’ Rights and Remedies