Labor and Employment Law Commons^™

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay

All Faculty Scholarship

Between 1882 and 1891, the U.S. Congress enacted a spate of immigration laws though which the federal government assumed virtually exclusive control over a regulatory sphere that historically had been the province of the states. This Article argues that this federalization of immigration regulation represented an attempt to reconcile the nation’s most cherished ideological commitment - the notion that the U.S. would forever remain an exceptional, “free labor” republic - with the unprecedented social and economic convulsions of the 1870s and 1880s.

The meaning of both immigrants and immigration was fundamentally transformed during the Gilded Age due to two successive …

Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai

Richmond Journal of Global Law & Business

No abstract provided.

Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis

Richmond Public Interest Law Review

In 2002, the United States Supreme Court handed down its decision in Hoffman Plastic Compounds, Inc. v. NLRB. This landmark decision seemingly eliminated any chance illegal immigrant employees had to obtain awards of backpay after being discharged in violation of the National Labor Relations Act (NLRA). More importantly, however, the decision sent a message to the country that illegal entry into the United States was a violation that was to be taken more seriously by the courts than grossly unfair employment practices. The Court of Appeals for the Ninth Circuit recently handed down a decision in Rivera v. NIBCO, Inc. …

Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger

Articles & Chapters

No abstract provided.

Developing A Course On The Rights Of Low-Wage Workers, Shirley Lung

Journal of Legal Education

No abstract provided.

The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman

ExpressO

This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Bush Proposes Guest Worker Program, John Anderson

Public Interest Law Reporter

No abstract provided.

Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia

University of Michigan Journal of Law Reform

Beginning with the September 11, 2001 ("9/11 ") terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO s hopes for legislative reform on hold, because of socially perceived connections between immigrants and terrorism. Then, in a March 2002 decision titled Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court held that undocumented immigrant workers could not collect back pay under the National Labor Relations Act (NLRA) when their rights to join unions are violated. According to the Court, back pay …

On The Need For Reform Of The H-1b Non-Immigrant Work Visa In Computer-Related Occupations, Norman Matloff

University of Michigan Journal of Law Reform

The H-1B program authorizes non-immigrant visas under which skilled foreign workers may be employed in the U.S., typically in computer-related positions. Congress greatly expanded the program in 1998 and then again in 2000, in response to heavy pressure from industry, which claimed a desperate software labor shortage. After presenting an overview of the H-1B program in Parts II and III, the Article will show in Part IV that these shortage claims are not supported by the data. Part V will then show that the industry's motivation for hiring H-lBs is primarily a desire for cheap, compliant labor. The Article then …

A Wink And A Nod: The Hoffman Case And Its Effects On Freedom Of Association For Undocumented Workers, Jill Borak

Human Rights Brief

No abstract provided.

Damage Control: Staking Claim To Employment Law Remedies For Undocumented Immigrant Workers After Hoffman Plastic Compounds, Inc. V. Nlrb, Elizabeth R. Baldwin

Seattle University Law Review

This Note explains why the Supreme Court's decision in Hoffman threatens to do the exact opposite of what the Court intended. Specifically, while the majority's opinion purports to maintain the integrity of IRCA, it will likely undermine the Act by encouraging employers to hire undocumented workers.' In addition to creating confusion, the Hoffman decision offends traditional notions of statutory construction by departing from both the text of the statute and the legislative intent. Furthermore, the holding has the de facto effect of forging a new way to investigate IRCA violations and grants employers a new defense to liability. Moreover, in …

Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales

Scholarly Works

On March 27, 2002, The United State Supreme Court ruled in Hoffman Plastic Compounds v. N.L.R.B. that, although undocumented workers are “employees” within the meaning of the National Labor Relations Act (NLRA), they cannot be answered backpay remedies, even if discharged in violation of the Act. The Hoffman decision represents a retrenchment from a trend in which virtually all jurisdictions that had considered the issue found in favor of the workers. The principal rationale in support of these remedies for undocumented workers had been that such awards are not only remedial but also serve important deterrent functions that protect the …

Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia

Scholarly Works

Beginning with the September 11, 2001 ("9/11") terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL - CIO's hopes for legislative reform on hold, because of socially perceived connections between immigrants and terrorism. Then, in a March 2002 decision titled Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court held that undocumented immigrant workers could not collect back pay under the National Labor Relations Act (NLRA) when their rights to join unions are violated. According to the Court, back …

Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia

Scholarly Works

Immigrants make up a large and increasing portion of the American community. The recent census found an unprecedented number of immigrants within the United States. Immigrants, however, have fewer legal protections than almost any other individuals within our borders. This lack of protection is especially disconcerting given that immigrants are often the most subordinated members of our communities. Particularly after the events of September 11, 2001, the rights and protections available to immigrants—whether they are documented or not—are tenuous. As LatCrit scholars have pointed out, immigration law is intensely racialized, and yet other bodies of law, such as civil rights …

Workers’ Compensation And Vocational Rehabilitation Benefits For Undocumented Workers: Reconciling The Purported Conflicts Between State Law, Federal Immigration Law, And Equal Protection To Prevent The Creation Of A Disposable Workforce, Robert I. Correales

Scholarly Works

This Article argues that sound public policy supports states providing vocational rehabilitation services to undocumented workers who have been injured in work-related accidents. Part I of the Article provides context by analyzing some of the complexities of undocumented immigrants’ lives in the United States. Part II discusses the history and economics of vocational rehabilitation programs established by workers’ compensation systems. Part III discusses ways in which immigration law and enforcement contribute to the formation of this shadow population. Part IV analyzes purported conflicts between vocational rehabilitation programs and the Immigration Reform Control Act of 1986 as they arose in Tarango …

H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Immigration, The Servant Problem, And The Legacy Of The Domestic Labor Debate: "Where Can You Find Good Help These Days!", Mary Romero

University of Miami Law Review

No abstract provided.

A Practical Guide To Employment-Based Immigration The State Of Employment-Based Immigration In The Wake Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Helen L. Konrad, Mark B. Rhoads, Eliot Norman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler

Richmond Journal of Law and the Public Interest

Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …

The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler

Richmond Public Interest Law Review

Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …

Employment-Based Preferences Categories: An Effort To Simplify Has Resulted In More Paperwork, Vishwa B. Bhargava

University of Richmond Law Review

With the passage of the Immigration Act of 19901 ("the Act"), employment-based and family-sponsored immigration underwent sweeping and dramatic reforms. By implementing new criteria for both these areas of immigration, the Act sought to realize its new policy of strengthening American competitiveness in the global economy and to reinforce its prior policy of favoring family reunification. The Act, which was signed into law by President Bush on November 29, 1990, and went into effect on October 1, 1991, "represents the culmination of a decade-long reform process that began with the Select Commission on Immigration and Refugee Policy in 1979." The …

Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote

Articles

No abstract provided.

Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The Immigration Reform and Control Act of 1986 (IRCA), also known as the Simpson-Rodino Act, is the most significant piece of immigration legislation in over thirty years. It radically revamps this already complicated area of law. Its impact on employers is particularly great, and can be seen in three ways. First, fines of up to $10,000 and even jail sentences can be imposed on businesses that knowingly hire undocumented aliens. Second, every employer must now verify and maintain records on the immigration and citizenship status of each prospective employee, even if the applicant is a U.S. citizen. Third, antidiscrimination provisions …

The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad

Washington Law Review

In Local 512 v. NLRB, the Ninth Circuit Court of Appeals ordered the National Labor Relations Board (NLRB or Board) to award backpay to undocumented workers who had been unlawfully laid off by their employer. The court decided Local 512 before enactment of the Immigration Reform and Control Act of 1986 (IRCA). One of the aims of the IRCA is to keep undocumented aliens out of the workplace by making it illegal to knowingly employ undocumented aliens. Because protection of undocumented workers like that granted in Local 512 might undermine pursuit of this IRCA objective, apparent conflict arises between National …

Foreign Farm Workers In The U.S.: The Impact Of The Immigration Reform And Control Act Of 1986, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The enactment of the Immigration Reform and Control Act of 1986 ("IRCA"), popularly known as the Simpson-Rodino Act, was in large part spurred by Congressional desire to exercise more effective control over the influx of foreign farm workers in this country. This is not a new issue; the U.S. has admitted temporary foreign agricultural workers since 1917, and their entry has always been the subject of heated debate. Between 1942 and 1964 the "bracero" program allowed Mexicans to work temporarily in U.S. agriculture, but this program resulted in massive civil rights and labor violations and depressed wages in the Southwest. …

Immigration Reform: Solving The "Problem" Of The Illegal Alien In The American Workforce, Lucinda M. Cardinal

Cardozo Law Review

No abstract provided.