Tag: irca

9th Circuit Orders Damages, but Not Reinstatement for Unauthorized Alien Workers

What’s an employer to do when it is ordered to reinstate former employees, but those employees are not legally authorized to work in the United States?  Pay liquidated damages instead, according to the Ninth Circuit’s recent decision in NLRB v. C&C Roofing Supply Inc.  In C&C, the National Labor Relations Board (NLRB) alleged that the employer unlawfully … Continue Reading

Supreme Court Rejects Appeal on Aliens’ Right to Vote in Union Elections

Earlier this month, the United States Supreme Court declined to review a ruling from the Court of Appeals for the District of Columbia Circuit holding that unauthorized aliens are "employees" under the National Labor Relations Act (NLRA) and therefore entitled to cast votes in a union election.  In Agri Processor Co. v. NLRB, the employees elected … Continue Reading
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