Do undocumented immigrants have the same rights as U.S. workers when they are fired or mistreated in the workplace? They do not, at least under the National Labor Relations Act (NLRA), according to last month’s decision by the Supreme Court in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (NLRB), 2002 U.S. LEXIS 2147 (Mar. 27, 2002). There, the U.S. Supreme Court held 5-4 that the NLRB lacked authority to award back pay to an undocumented noncitizen who had never been authorized to work in the United States.
This article summarizes Hoffman and ponders its relevance to other labor laws affecting noncitizens.
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