• Litigation
   - Hoffman Plastic Compounds v. NLRB
   - Rivera, et al. v. NIBCO, Inc., et al.

• Immigrants' Rights Update Articles
  (articles include information about judicial and administrative decisions)

Litigation

HOFFMAN PLASTIC COMPOUNDS, INC. v. NLRB

Talking Points: Hoffman Plastic Decision – Bad for Workers; Bad for Business (PDF) (3/03)

Assessing the Impact of the Supreme Court's Decision in Hoffman...on Immigrant Workers and Recent Developments, NELP and NILC (10/18/02) (PDF)

U.S. Supreme Court Bars Undocumented Worker From Receiving Backpay Remedy For Unlawful Firing (4/12/02)

Supreme Court Reverses D.C. Circuit (text of Supreme Court majority opinion and dissent) (3/27/02) (PDF)

Amici curiae brief (PDF only) (note: this is a large file; download time may be prolonged)

Hoffman Plastic Compounds, Inc. v. NLRB: Supreme Court to Hear Back Pay Case Involving Undocumented Worker (10/8/01)

Hoffman Plastic Compounds, Inc. v. NLRB: D.C. Circuit Court Affirms the Right of Undocumented Workers to Receive Back Pay (2/28/01)
 

RIVERA, ET AL. v. NIBCO, INC., ET AL.

9th Circuit Upholds Protective Order Limiting Employers’ Inquiries into Plaintiffs’ Immigration Status (6/18/04)

Plaintiffs' Brief in Opposition to Defendants' Motion for Reconsideration of Protective Order, to Open Discovery, and to Extend Trial Date (4/17/02) (PDF)

Plaintiffs' Supplemental Brief in Opposition to Defendants' Request for Reconsideration (11/13/01) (PDF)

Court Grants Immigrant Workers Protective Order Regarding Immigration Status (8/31/01)

Plaintiffs' Opposition to Defendants' Request for Reconsideration by the District Court of Magistrate Judge's Ruling (7/3/01) (PDF)

Plaintiffs' Reply Brief (6/4/01) (PDF)

Immigrants' Rights Update Articles (back to IRU index)

Mezonos Maven Bakery, Inc. and Puerto Rican Legal Defense and Education Fund | Employer That Knowingly Violated I-9 Requirement Ordered to Pay “Back Pay” (7/20/07; revised 6/12/08)

Incalza v. Fendi North America, Inc. | 9th Circuit: Workers May Be Granted Unpaid Leave to Resolve Employment Authorization Problems (posted under "Employment Eligibility Verification and Antidiscrimination Protections") (7/20/07)

Coma Corp. v. Coria | Kansas Supreme Court Upholds Undocumented Workers’ Rights to Enforce Employment Contracts (4/25/07)

Reyes v. Van Elk, Ltd. | California Appeals Court Holds that Immigration Status is Irrelevant to Claims for Unpaid Prevailing Wages (4/25/07)

Avila-Blum v. Casa de Cambio Delgado, Inc., et al | Federal Court in New York Upholds Protective Order Preventing Inquiry into Plaintiff’s Immigration Status (2/20/07)

De La O, et al, v. Robin Arnold-Williams, et al | Federal Court in Washington State Prevents Inquiry into Plaintiffs’ Immigration Status, SSNs, and Tax Returns (2/20/07)

Flores v. Lawton Limehouse, Sr. | Federal district court finds immigration status irrelevant to workers' claims for unpaid wages (8/17/06)

Garcia v. Monument Management Group, LLC | Court rejects employers' post-discovery attempt to inquire into workers' immigration status in a Title VII action (8/17/06)

Balbuena, et al. v. IDR Realty LLC, et al. | New York high court rules that undocumented workers injured on the job are not precluded from being awarded lost wages (5/23/06)

Xinic v. Quick, et al. | Virginia court denies defendant's inquiry into worker's immigration status in state workers' compensation claim (3/23/06)

Florida Division of Workers’ Compensation v. Cagnoli | Florida Supreme Court invalidates a state statute requiring Social Security numbers on workers’ compensation claims (12/22/05)

Farmers Brothers Coffee v. Workers' Compensation Appeals Board; and Design Kitchen and Baths, et al. v. Lagos | California and Maryland courts uphold undocumented workers' rights to workers' compensation (12/22/05)

Galaviz-Zamora, et al. v. Brady Farms, Inc. | Federal court in Michigan grants protective order prohibiting inquiry into plaintiffs' immigration status (12/22/05)

Wudson Rosa v. Partners in Progress, Inc., et al. | New Hampshire Supreme Court: Undocumented workers may recover lost earnings at U.S. wage levels in limited circumstances (10/5/05)

Trejo v. Broadway Plaza Hotel | Federal court in New York prohibits inquiries into FLSA case plaintiffs' immigration status (10/5/05)

Cabrera v. Five Star Cleaning | Michigan Appeals Court Rules That Workers' Social Security Numbers Are Not Relevant to Their Suit for Back Pay of Wages Earned but Not Paid (6/30/05)

Echeverria v. Estate of Lindner, et al. | N.Y. Court Grants Worker Future Lost Earnings, but Takes Immigration Status into Account in Calculating the Award (6/30/05)

Rivera v. NIBCO, Inc. | Supreme Court Declines to Review Decision Upholding Order Limiting Employers' Inquiries into Plaintiffs' Immigration Status (3/31/05)

Balbuena v. IDR Realty LLC, Sanango v. East 16th St. Housing Corp. | N.Y. Court Holds That Undocumented Workers Can Recover Lost Wages, but Only the Amount They Would Have Earned in Their Home Country (2/10/05)

Assif Asgar-Ali v. Hilton Hotel Corp. | New York Court Rejects Discovery of Workers' Immigration Status in Workers' Compensation Claim (12/22/04)

EEOC v. First Wireless Group, Inc. | Federal Court in New York Upholds Protective Order Against Discovery of Plaintiffs' Immigration Status (12/22/04)

Continental PET Technologies, Inc., v. Palacias | Georgia Appellate Court Upholds Workers' Compensation Coverage of Undocumented Worker (11/8/04)

Pontes, et al. v. New England Power Co., et al. | Worker Allowed to Remain Silent and Refuse to Disclose Immigration Status in a Negligence Case (11/8/04)

Rajeh v. Steel City Corp. et al. | Ohio Appeals Court Upholds Undocumented Workers' Right to Workers' Compensation (9/21/04)

Molina v. J.F.K. Tailor Corp. and Koo Kim | Federal Court in NY Affirms Worker's Right to Seek Back Pay in Sexual Harassment Suit (8/9/04)

Sanchez et al. v. Eagle Alloy, Inc. | Michigan Supreme Court Vacates Order Granting Motion to Appeal in Workers' Compensation Case (8/9/04)

Wet Walls, Inc., et. al. v. Ledezma | Georgia Court Upholds Deported Worker's Right to Receive Workers' Compensation (8/9/04)

Equal Employment Opportunity Commission v. First Wireless Group, Inc. | EEOC Obtains Protective Order Limiting Discovery That Could Adversely Affect Immigrant Workers (6/18/04)

Rivera et al., v. Nibco | 9th Circuit Upholds Protective Order Limiting Employers' Inquiries into Plaintiffs' Immigration Status (6/18/04)

Baker v. IBP, Inc. | Appellate Court Dismisses Rico Claim Against Employer for Allegedly Hiring Undocumented Workers (4/2/04)

SSA Begins Sending No-Match Letters to Employers for 2004 (4/2/04)

Centeno-Bernuy, et al. v. Perry | Federal Court in N.Y. Grants Protective Order for H-2A Agricultural Workers and Issues Injunctive Order in Important Retaliation Case (2/17/04)

Medellín v. Cashman KPA, et al. | Massachusetts Board Does Not Extend Hoffman's Reach and Affirms Undocumented Workers' Right to Workers' Compensation (2/17/04)

SEIU v. St. Vincent Medical Center | 9th Circuit Grants Court Power to Enforce Arbitration Clauses in Code-of-Conduct Agreement (11/24/03)

Stanislaw Majlinger v. Casino Contracting, et al. | N.Y. Court, Relying on Hoffman, Denies Worker's Lost Earnings Award (11/24/03)

Escobar v. Spartan Security Service | Fired Undocumented Worker Who Subsequently Obtained Work Authorization May Pursue Reinstatement and Front Pay Under Title VII (10/21/03)

Florida Court of Appeal: Hoffman Does Not Preempt State Workers' Compensation Law (10/21/03)

Tuv Taam | NLRB: Employer That Refuses to Abide by Settlement Agreement Cannot Rely on Hoffman as a Defense (10/21/03)

Renteria, et al. v. Italia Foods, Inc., et al. | Hoffman: Federal Court Rules Undocumented Workers Entitled to Damages for Retaliatory Termination, but Not to Back Pay or Front Pay (9/4/03)

Tyson Foods, Inc. v. Guzman | Texas Court Rules That Undocumented Workers Are Entitled to Damages for Lost Earning Capacity in State Negligence Actions (9/4/03)

Balbuena v. IDR Realty, LLC, et al. | N.Y. Court Rules That Undocumented Workers Are Entitled to Damages for Lost Wages in State Tort Actions (7/15/03)

Correa v. Waymouth Farms, Inc., et al. | Minnesota Supreme Court Refuses to Limit Workers' Comp Recovery in Cases Involving Undocumented Workers (7/15/03)

NLRB Reverses ALJ Who Found Worker Not Credible Because He Testified to Using a False SSN to Obtain Employment (7/15/03)

Cano v. Mallory Management | Court Allows Undocumented Plaintiff to Pursue Negligence Action (June 3, 2003)

Ansoumana et al. v. Gristede's Operating Corp. et al. | Immigrant Delivery Workers Found to Be Employees, Covered by Federal Minimum Wage and Overtime Law (4/8/03)

Sanchez et al. v. Eagle Alloy, Inc. | Michigan Court of Appeals Limits Workers' Compensation Recovery in Cases Involving Undocumented Workers (2/21/03)

Topo v. Dhir | Judge Refuses to Allow Discovery into Plaintiff's Immigration Status in Involuntary Servitude Case (12/23/02)

EEOC Reaches Settlement for $1,525,000 on Behalf of Immigrant Workers in a Sexual Harassment Case (11/22/02)

Gebin et al. v. Mineta et al. | Federal Judge Denies Government's Motion to Dismiss Airport Screeners' Suit, Issues Preliminary Injunction (11/22/02)

Courts Continue Rejecting Defendants' Post-Hoffman Inquiries into Plaintiffs' Immigration Status (10/21/02)

Lopez v. Superflex, Ltd. | Employee Can Make ADA Claim without Pleading Work Authorization, but Action Could Lead to Adverse Inference about Immigration Status (10/21/02)

Mendoza et al., v. Zirkle Fruit Co., et al. | 9th Circuit Allows Work-Authorized Employees to Proceed with RICO Lawsuit against Agricultural Employers (10/21/02)

Rodriguez v. The Texan, Inc. | Defendant's Failure to Raise Plaintiffs' Failure to "Mitigate Damages" Precludes Introducing Immigration Status Evidence at Trial (10/21/02)

Singh v. Jutla, et al. | Court Denies Motion to Dismiss in Retaliation Case Where Worker Was Reported to INS (10/21/02)

NLRB Issues Guidance on Procedures Implementing Hoffman Plastic Decision (9/10/02)

Federal Agencies Clarify Limited Impact of Hoffman Plastic Decision (7/15/02)

Zeng Liu, et al. v. Donna Karan International, Inc., et al. | Court Denies Designer Donna Karan's Request for Discovery into Immigration Status (7/15/02)

Hoffman: Lower Courts Limit Impact of High Court's Decision Barring Undocumented Worker from Receiving Back Pay (5/30/02)

Immigrant Workers Fired for Correcting Their Employment Records Ordered Reinstated with Back Pay (5/30/02)

Hoffman Plastic Compounds, Inc. v. NLRB: U.S. Supreme Court Bars Undocumented Worker From Receiving Backpay Remedy for Unlawful Firing (4/12/02)

Massachusetts Law Limits Transportation Fees Charged to Temporary Workers (4/12/02)

Ruiz v. Belk Masonry Co., et al. | North Carolina Affirms Undocumented Worker's Right to Worker's Compensation (4/12/02)

Ansoumana, et al. v. Gristede's Operating Corp. et al. | Workers Protected from Further Retaliation and Threats of Being Reported to the INS (12/20/01)

San Francisco Cent. Travelodge Joint Venture v. Hotel Employees and Restaurant Employees Union, Local 2: Union Reaches Settlement on Behalf of Workers Fired Based on Social Security No-Match Letters (12/20/01)

California Enacts New Law to Protect Displaced Janitors (11/16/01)

Epilepsy Foundation of Northeast Ohio v. NLRB: D.C. Circuit Extends Weingarten Rights to Nonunion Workers (11/16/01)

Reyes-Gaona v. North Carolina Growers' Assn. | Supreme Court Refuses to Hear Age Discrimination Appeal by Foreign National (11/16/01)

Wilkerson v. Grinnell Corp. | 11th Circuit Clarifies What Constitutes a "Charge" in Employment Discrimination Cases (11/16/01)

California and Connecticut Approve Laws Benefiting Immigrant Workers (10/8/01)

Hoffman Plastic Compounds, Inc. v. NLRB: Supreme Court to Hear Back Pay Case Involving Undocumented Worker (10/8/01)

NLRB Certifies Union Despite Immigration-Related Objections by Employer (10/8/01)

EEOC v. Quality Art, LLC: EEOC Settles Suit against Arizona Company for $3.5 Million on Behalf of Low-Wage Immigrant Workers (8/31/01)

Rivera, et al. v. Nibco, et al. | Court Grants Immigrant Workers Protective Order Regarding Immigration Status (8/31/01)

Vlasic Farms, Inc., v. PA Labor Relations Board: PA Supreme Court Allows Mushroom Workers to Unionize (8/31/01)

Ansoumana, et al. v. Gristede's Operating Corp. et al. | Court Certifies Low-Wage Delivery Workers' Class Action (6/29/01)

Luo Yu Jie, et al v. Liang Tai Knitwear Co., Ltd., et al. | Court Upholds Wrongful Termination Verdict in Favor of Workers Who Reported Employer to INS (6/29/01)

NLRB v. Labor Ready, Inc. | Court Grants Broader Protections to Temporary Employees (6/29/01)

OSHA Cites Factory for Health and Safety Violations (6/29/01)

Perdue Farms Settles Overtime Lawsuit (6/29/01)

Reyes-Gaona v. North Carolina Growers' Assn., et al. | Foreign Nationals Not Protected against Age Discrimination Outside U.S. (6/29/01)

EEOC Reaches Historic Settlement in an English-Only Lawsuit (5/10/01)

Immigrant Employees of 99¢ Store Chain Obtain a $100,000 Settlement (5/10/01)

107th Congress Votes to Kill Ergonomics Standard for Workers (3/29/01)

Federal Guidance Should Assist Workers with Disabilities (3/29/01)

Rios v. Ryan Inc. Central and Reliance National Indemnity Company: Virginia Court Rules Undocumented Worker Not Eligible for Workers' Comp (3/29/01)

California Increases Its Minimum Wage (2/28/01)

Hoffman Plastics Compounds, Inc. v. NLRB: D.C. Circuit Court Affirms the Right of Undocumented Workers to Receive Back Pay (2/28/01)

Medrano, et al. v. D'arrigo Bros. Co. of California: Agricultural Workers Obtain First Victory in Class Action Suit for Unpaid Wages (2/28/01)

Multilingual Versions of EIC Outreach Flyers Released (2/28/01) (posted under "Immigrants & Public Benefits: Earned Income Credit")

World's Largest Pork Processing Plant Found in "Egregious" Violation of Labor Laws (2/28/01)

EEOC Obtains Victories in English-Only Cases (12/27/00)

AFL-CIO Releases Report on Town Hall Meetings (10/19/00)

Contreras v. Corinthian Vigor Insurance Brokerage, Inc. |  Summary Judgment Granted to Undocumented Worker Whose Employer Illegally Retaliated against Her (8/31/00)

Reinforced Earth Co. v. Workers' Compensation Appeal Board:  Pennsylvania Court Rules Unauthorized Immigrants Entitled to Workers' Compensation Benefits (6/6/00)

Discrimination Case Involving Undocumented Workers Who Voted to Join Union Settled (2/11/00)

EEOC:  Undocumented Workers Entitled to Same Remedies as Authorized Workers (11/17/99)

National Labor Relations Board v. Kolkka:  Employer May Not Refuse To Bargain With Union Because Some Voting Employees Were Undocumented (4/30/99)

Ruiz, et al. v. Hull, et al.:  Certiorari Denied in Appeal of Arizona Court Ruling Declaring English-Only Law Unconstitutional (3/3/99)

Contreras v. Corinthian Vigor Insurance Brokerage, Inc.:   Court Finds Anti-Retaliation Protections Apply to Undocumented Worker Reported to INS (12/21/98)