Court Rules Illegal Immigrants Can Bring Wage Claims

Law360, New York (March 23, 2007, 12:00 AM EDT) -- A California court of appeals has ruled that undocumented workers can sue for prevailing wages because an employee’s immigration status is irrelevant to claims under state labor and employment laws.

The California Court of Appeal found that California labor code is not precluded by federal immigration laws and cleared the way for an undocumented welder to file suit against Van Elk Ltd. for allegedly withholding wages, according to a March 14 decision.

“Allowing employers to hire undocumented workers and pay them less than the wage mandated...
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