Tag: undocumented worker

Jan 14, 2022

The Case of the Missing Case

In early January, one can reliably count on at least two things: first, that we’ll be bombarded by television commercials hawking diet aids, and second, that someone in the New...

The Case of the Missing Case The Case of the Missing Case
Apr 26, 2021

Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented Worker

In a case that has yo-yo’d between a federal district court (W.D. Tenn.) and the Sixth Circuit Court of Appeals, the latter affirmed, in relevant part, a decision by the...

Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented Worker Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented Worker
Jan 4, 2021

NV High Court Reiterates That Undocumented Workers May Recover Indemnity Benefits

The Supreme Court of Nevada reiterated that the state’s workers’ compensation statutes clearly and unambiguously protected every person in the service of an employer, whether lawfully or unlawfully employed, including...

NV High Court Reiterates That Undocumented Workers May Recover Indemnity Benefits NV High Court Reiterates That Undocumented Workers May Recover Indemnity Benefits
Dec 14, 2020

Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System

In a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had...

Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System
Nov 27, 2020

Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis

In an unpublished decision, the Supreme Court of Nevada affirmed an award of permanent total disability benefits to an undocumented worker who sustained severe injuries to his head when a...

Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis
Jun 30, 2017

Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory Discharge

In a divided decision, the Supreme Court of Minnesota held that an injured undocumented worker had raised a genuine issue of material fact as to whether an employer had discharged...

Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory Discharge Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory Discharge
Oct 12, 2015

Wyoming Employer Need Not Keep Immigration Documentation on Hand

While the workers’ compensation laws of virtually all states include illegally employed persons—e.g., minors and undocumented “aliens”—within the term “employee,” Wyoming’s definition is more restrictive. Only those aliens whom the...

Wyoming Employer Need Not Keep Immigration Documentation on Hand Wyoming Employer Need Not Keep Immigration Documentation on Hand
Nov 18, 2013

Iowa: Undocumented Workers Are Protected by the Workers’ Compensation Act

The Supreme Court of Iowa recently held in relevant part that undocumented workers are not excluded from the Workers’ Compensation Act’s definition of “employee” and that the contract of employment...

Iowa: Undocumented Workers Are Protected by the Workers’ Compensation Act Iowa: Undocumented Workers Are Protected by the Workers’ Compensation Act