Undocumented aliens who have no right to work in the U.S. but are nonetheless injured on the job can sue for lost wages under New York labor law, a divided Court of Appeals held Tuesday in resolving a split between the two downstate appellate divisions. The majority found that New York laws entitling workers to lost wages are not in direct conflict with federal law, and are therefore not pre-empted. But two dissenters argued for pre-emption, and maintained that New York common law bars recovery.
N.Y. High Court Finds Undocumented Aliens Can Sue for Lost Wages
New York Law Journal
February 23, 2006