Undocumented worker wage hour lawsuit survives
Court says:
"Although defendants have clearly articulated the tension between the competing policy considerations of the IRCA, the Fair Labor Standards Act, and the relevant provisions of New York's Labor Law, the cases cited by defendants in support of their motion do not establish that they are entitled to dismissal of Huerta's complaint.
"No court has held that an undocumented alien may be deprived of wages for work already performed." Majlinger v. Cassino Contracting Corp., 25 AD3d 14, 26, 802 N.Y.S.2d 56 (2d Dep't, 2005), aff'd sub nom. Balbuena v. IDR Realty LLC, supra." Jara v. Strong Steel Doors, SUPREME COURT OF NEW YORK, KINGS COUNTY, 2007 NY Slip Op 51755U; 2007 N.Y. Misc. LEXIS 6355, September 12, 2007.
"Although defendants have clearly articulated the tension between the competing policy considerations of the IRCA, the Fair Labor Standards Act, and the relevant provisions of New York's Labor Law, the cases cited by defendants in support of their motion do not establish that they are entitled to dismissal of Huerta's complaint.
"No court has held that an undocumented alien may be deprived of wages for work already performed." Majlinger v. Cassino Contracting Corp., 25 AD3d 14, 26, 802 N.Y.S.2d 56 (2d Dep't, 2005), aff'd sub nom. Balbuena v. IDR Realty LLC, supra." Jara v. Strong Steel Doors, SUPREME COURT OF NEW YORK, KINGS COUNTY, 2007 NY Slip Op 51755U; 2007 N.Y. Misc. LEXIS 6355, September 12, 2007.
Labels: courts, undocumented workers, wage and hour
posted by The Experts @ 11:17 PM
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