High Court Ruling Bars Back Pay For Undocumented: 2nd Circ.

Law360, New York (July 10, 2013, 5:08 PM ET) -- Undocumented immigrants axed from a New York City bakery for participating in protected labor activities cannot seek back pay because of a 2002 U.S. Supreme Court ruling that blocks such awards to those living unlawfully in the U.S., the Second Circuit ruled Wednesday.

The ruling by the three-judge panel partly affirmed a decision by the National Labor Relations Board, citing the high court’s ruling in Hoffman Plastic Compounds Inc. v. NLRB that foreclosed such awards to terminated undocumented workers. While the appellate panel’s ruling shot down...
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