California Employment Law Update

Category Archives: Immigration

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Employer Could Not Inquire Into Plaintiffs’ Immigration Status In Title VII Lawsuit

Rivera v. NIBCO, Inc., 364 F.3d 1057 (9th Cir. 2004) Twenty-three Latina and Southeast Asian female immigrants had been employed at NIBCO’s factory in Fresno and were terminated following their poor performance on a basic job skills examination that was given in English. The employees alleged discrimination under Title VII and the California Fair Employment … Continue Reading

Agricultural Workers May Sue Employers For Violation Of RICO

Mendoza v. Zirkle Fruit Co., 301 F.3d 1163 (9th Cir. 2002) The prospective class of legally documented agricultural workers in this case alleged that their employers had depressed their wages by way of an “Illegal Immigrant Hiring Scheme,” pursuant to which the employers knowingly hired workers of illegal status who were willing to accept below-market … Continue Reading

Undocumented Alien Is Not Entitled To Backpay Award Under NLRA

Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) The employer in this case, Hoffman Plastic Compounds, Inc., was found to have violated Section 8(a)(3) of the National Labor Relations Act (NLRA) when it selected four known union supporters for layoff. During a compliance hearing before an Administrative Law Judge (ALJ), one of the … Continue Reading
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