Undocumented Workers Suit Highlights Gaps In Laws

Law360, New York (February 14, 2008, 12:00 AM EST) -- In what the concurring judge and a member of the National Labor Relations Board called a "somewhat peculiar" outcome, a divided D.C. Circuit recently held that undocumented workers are considered "employees" under the National Labor Relations Act (NLRA), even though it is unlawful for companies to employ such workers.

The dispute in Agri Processor Co. Inc. v. NLRB, - F.3d -, 2008 U.S. App. LEXIS 101 (D.C. Cir., Jan. 04, 2008), stemmed from a September 2005 election in which Company's employees voted to join the United...
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