Emerging Issues for Undocumented Workers

University of Pennsylvania Journal of Labor & Employment Law, Vol. 6, p. 497, 2004

28 Pages Posted: 11 Jan 2011

Date Written: 2004

Abstract

In Hoffman Plastic Compounds, Inc. v. NLRB (2004), the Supreme Court addressed the scope of remedies available to undocumented workers under the National Labor Relations Act, and by implication, under other labor and employment laws. It was only the second Supreme Court decision ever to examine the status of undocumented workers under any labor or employment statute. Behind debates about the labor rights of immigrants and limits on employer exploitation of immigrant workers lie enduring arguments regarding the significance of international borders and the meaning of membership in the national community, the power of the government to deputize private employers as enforcers of public immigration policies, and struggles between labor and management over control of the workplace. Part I of this paper examines labor and employment rules as applied to immigrants and their employers, and as interpreted by the Supreme Court in Hoffman Plastic and by other courts and executive branch agencies. Part II identifies and analyzes a set of emerging issues of particular importance to immigrant workers in the United States, including those prompted by the recent Hoffman Plastic decision.

Keywords: labor, employment, immigration, undocumented worker, Hoffman Plastic Compounds

Suggested Citation

Wishnie, Michael J., Emerging Issues for Undocumented Workers (2004). University of Pennsylvania Journal of Labor & Employment Law, Vol. 6, p. 497, 2004 , Available at SSRN: https://ssrn.com/abstract=1738064

Michael J. Wishnie (Contact Author)

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-4800 (Phone)
203-432-1426 (Fax)

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