The Second Circuit reaffirmed Thursday that an employer cannot be ordered to give back pay to undocumented workers because it would run afoul of congressional intent in the Immigration Reform Control Act of 1986, agreeing with the NLRB that it did not matter that they had not presented false documents.
July 15, 2013 at 12:00 AM
1 minute read
Back pay cannot be awarded to undocumented immigrant workers in a labor dispute even if they committed no fraud in securing their employment, a federal appeals court has ruled.
The U.S. Court of Appeals for the Second Circuit reaffirmed Thursday that an employer cannot be ordered to give back pay because it would run afoul of congressional intent in the Immigration Reform Control Act of 1986 (IRCA).
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