Illegal workers: Are they entitled to sue? (For back wages)

[Freeper]

The Straight Story  Donating Member  (1000+ posts)  Journal  Click to send private message to this author  Click to view this author's profile  Click to add this author to your buddy list  Click to add this author to your Ignore list      Mon Aug-31-09 12:27 PM
Original message
Illegal workers: Are they entitled to sue? (For back wages)
   
Illegal workers: Are they entitled to sue?

LAS VEGAS, Aug. 31 (UPI) -- A lawsuit filed in Las Vegas claims illegal immigrants are entitled to back wages, a legal point as yet unsettled, a prominent law professor said.

"The door is not shut until the Supreme Court shuts it," said William Gould, former chairman and professor emeritus at Stanford Law School said.

In Las Vegas, illegal workers have filled suit against Bravo Pro Maintenance, a cleaning company that workers say cheated them of wages and demanded 13-hour work days without paying overtime, the Las Vegas Sun reported Monday.

The U.S. Supreme Court has heard a case brought by an illegal immigrant, ruling in 2002 that the right to participate in union activity could "encourage … evasion of apprehension by immigration authorities."

However, lower courts have so far leaned in favor of granting illegal workers the right to sue under the Fair Labor Standards Act, the newspaper reported.

http://www.upi.com/Business_News/2009/08/31/Illegal-wor...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6430584

And they have the nerve to claim that Illegals will not be covered under Obama care.

Recursion  (1000+ posts) Click to send private message to this author  Click to view this author's profile  Click to add this author to your buddy list  Click to add this author to your Ignore list      Mon Aug-31-09 01:07 PM
Response to Reply #6
11. The crime is in *hiring* an undocumented worker
   
Someone working without a green card isn't breaking a law. The person hiring him or her is.

 
Do I even have to mention what is wrong with that post?

[djones520]

No, Recursion is right.  The illegals are illegal because they snuck into the country, not because their trying to feed their families.

I do gotta back the illegals here on this one.  They put the time in, they deserve the pay.  At the same time, their employer needs get get hit in the face with the book.

[Freeper]

No, Recursion is right.  The illegals are illegal because they snuck into the country, not because their trying to feed their families.

I do gotta back the illegals here on this one.  They put the time in, they deserve the pay.  At the same time, their employer needs get get hit in the face with the book.

I wonder what kind of proof they would use that they worked those hours. I doubt they had time sheets I would think the employer wouldn't have left a paper trail.

[docstew]

No, Recursion is right.  The illegals are illegal because they snuck into the country, not because their trying to feed their families.

I do gotta back the illegals here on this one.  They put the time in, they deserve the pay.  At the same time, their employer needs get get hit in the face with the book.

Roger that.  Anything else smacks of slavery.

The contract the employer has with them is that they do X job for Y money... as long as X job is legal (i.e. roofing or picking fruit) except for the status of the person doing it, the contract is valid.

I still say, give em their back pay when they step off the bus back in Mexico.

[djones520]

Roger that.  Anything else smacks of slavery.

The contract the employer has with them is that they do X job for Y money... as long as X job is legal (i.e. roofing or picking fruit) except for the status of the person doing it, the contract is valid.

I still say, give em their back pay when they step off the bus back in Mexico.

No arguments there.

[Texacon]

It works both ways. 

1.)  Hit the employer with large enough fines they won't do it anymore.

2.)  Let the illegals get hosed for their work and eventually they will stop coming here to find work.

KC

[BlueStateSaint]

No, Recursion is right.  {b]The illegals are illegal because they snuck into the country, not because their trying to feed their families.[/b]

I do gotta back the illegals here on this one.  They put the time in, they deserve the pay.  At the same time, their employer needs get get hit in the face with the book.

Gotta agree with both bolded sentiments in this one.  Especially the second. 

Ya know what the solution is?  Don't hire them in the first place!

[docstew]

Tex, I agree with you about the illegals choosing not to come here, but having someone work for you without paying them is theft of their time and labor.  One of the principles we stand for is everyone's labor is worth something, and that no one should be able to deny anyone from enjoying the fruits of their own labor.  Like I said, any other stance reeks of slavery, or at least indentured service.

I do agree about fining the employers, up to and including the value of their business for repeat offenders.  Should only take 2 or 3 cases of forfieture of ownership for employers to realize it's better to follow the law.

[GOBUCKS]

Illegals should be able to sue for back wages only AFTER deportation.
No one should have access to the courts for anything but a deportation hearing while here illegally.

[The Village Idiot]

No, Recursion is right.  The illegals are illegal because they snuck into the country, not because their trying to feed their families.

I do gotta back the illegals here on this one.  They put the time in, they deserve the pay.  At the same time, their employer needs get get hit in the face with the book.

what if its not legal for an employer to find out if they are legal or not?

[djones520]

what if its not legal for an employer to find out if they are legal or not?

*shrugs*  Who knows.  If the employer did know, then he should be prosecuted as such.  If he had no means of not knowing, then how can it be held against him?

That doesn't sound like the case though.

[docstew]

what if its not legal for an employer to find out if they are legal or not?

As a private entity, they have the right to ask... it's the local nitwits in the "sanctuary cities" that can't.

Besides, if he asks, what's the illegal gonna do, call the cops?  that's like the drug dealer reporting a theft of his supply.

[The Village Idiot]

*shrugs*  Who knows.  If the employer did know, then he should be prosecuted as such.  If he had no means of not knowing, then how can it be held against him?

That doesn't sound like the case though.

we need e-verify but the federal bureaucrats are likely to not want us to know if the applicant is illegal or not.

[USA4ME]

If this goes forward it'll get settled out of court.  You can't allow a precedent to be set for this, it'd break the bank and open the door for additional claims by illegals of non-payment, bogus or not.  Hopefully it'll get thrown out.

.

[The Village Idiot]

http://www.youtube.com/watch?v=kT2EX07lQy8

This is whatt illegal workers and employers (knowingly) deserve

[Celtic Rose]

what if its not legal for an employer to find out if they are legal or not?

I don't think that there is any place where it is legal to not ask an employee to show work authorization.  You cannot ask if they are a US Citizen, Permanent Resident, non-immigrant worker,etc., but if they are here legally and are permitted to work, they will have a document to show it, and employers have to ask for it for I-9 purposes.

[DumbAss Tanker]

It works both ways. 

1.)  Hit the employer with large enough fines they won't do it anymore.

2.)  Let the illegals get hosed for their work and eventually they will stop coming here to find work.

KC

I don't really agree.  The way I see it, by not allowing them to sue under FLSA, you are basically adding a huge economic incentive to hire them, work them for 60-70 hours a week for less than minimum wage while paying thme for 40 hours or less, and then walk away laughing.  Not allowing them to sue protects the criminals. 

[Tucker]

 Pay them the money and them promptly arrest them. Fine them the money in a legal proceeding and them deport them.

[Carl]

Guess I can see this one both ways as far as from the illegals point of view.

You come here against the law and take a job from someone possibly or probably knowing they are breaking the law so what do you expect?
It is sort of like someone calling the cops because they were sold bad dope.

On the other hand who knows what they are promised and what reality changes to once they get here.

Regardless the employer needs to face a severe penalty.

[lastparker]

A family member of mine, an attorney, does exactly this for a living - he sues employers for back wages on behalf of the immigrants.  In Kalifornia.

He's a flaming moonbat, incredibly brilliant, and chooses to spend his law degree doing this, on principle, versus making a crapload of money, which he could considering the ivy league law degree he has.

Eh, he's funny and I love to see him on holidays.  We avoid political talk.

[BlueStateSaint]

A family member of mine, an attorney, does exactly this for a living - he sues employers for back wages on behalf of the immigrants.  In Kalifornia.

He's a flaming moonbat, incredibly brilliant, and chooses to spend his law degree doing this, on principle, versus making a crapload of money, which he could considering the ivy league law degree he has.

Eh, he's funny and I love to see him on holidays.  We avoid political talk.

The bolded is actually something I can respect.  Your last sentence . . . smart for the both of you.

[Chris_]

Roger that.  Anything else smacks of slavery.

The contract the employer has with them is that they do X job for Y money... as long as X job is legal (i.e. roofing or picking fruit) except for the status of the person doing it, the contract is valid.

I still say, give em their back pay when they step off the bus back in Mexico.

Slavery assumes the person was forced to work.  Illegals enter this country by their own free will.  They accept jobs the same way.

[GOBUCKS]

It works both ways. 

1.)  Hit the employer with large enough fines they won't do it anymore.

2.)  Let the illegals get hosed for their work and eventually they will stop coming here to find work.

KC

Agree.

[SSG Snuggle Bunny]

I don't really agree.  The way I see it, by not allowing them to sue under FLSA, you are basically adding a huge economic incentive to hire them, work them for 60-70 hours a week for less than minimum wage while paying thme for 40 hours or less, and then walk away laughing.  Not allowing them to sue protects the criminals. 

I concur.

Allow the workers to sue. Then each company that hires them is 1 disgruntled worker away from being dimed-out. Add to it the sandard criminal penalties in addition to the civil liabilities and the insentive to hire illegals over lawful aliens/citizens is no longer attractive.

[Texacon]

I don't really agree.  The way I see it, by not allowing them to sue under FLSA, you are basically adding a huge economic incentive to hire them, work them for 60-70 hours a week for less than minimum wage while paying thme for 40 hours or less, and then walk away laughing.  Not allowing them to sue protects the criminals. 

But in this case you have a criminal suing a criminal.  Both of them are wrong and should be punished.

Unless and until you make it uncomfortable/unprofitable for both the employer and the employee you will have the same problem.

KC