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The Limitation On Undocumented Workers’ Lost Earnings After Balbuena And Sanango: Crafting A Fair And Principled Balance Of Immigration Policy And New York State Labor Law § 240 Safety Goals, Meredith R. Miller
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In December 2004, in a pair of cases, the Appellate
Division, First Department, held that under state labor
and tort laws, injured workers who are not legally permitted
to be present or employed in the United States
are only entitled to receive lost earnings reflecting what
they could have earned in their country of origin. This
article explores these First Department decisions by first
discussing the federal statutory and decisional backdrop
against which the cases arose. This article then
provides a discussion of the First Department cases and
the competing economic incentives they implicate.
Finally, this article posits that a …