Yesterday's New York Law Journal prominently featured Justice Moskowitz's decision Pineda v. Kel-Tech Construction, concerning prevailing wages and paying illegal aliens prevailing wages. Several plaintiffs, who are illegal aliens, sued their employer because the employer failed to pay them certain funds for work they performed as part of several public contracts.
It is important to read Justice Moskowitz's decision because she analyzes the defendant employer's various arguments regarding the aliens' inability to recover on these claims based on their immigration status. Two standouts of the holding include Justice Moskowitz's observation that discovery of an illegal alien's immigration status regarding unpaid wages is irrelevant because the wages have already been earned. Also, Justice Moskowitz held that the defendant employer's argument that the aliens' had broken the law by providing false documentation as to their status created an issue of fact because it was unclear whether the defendant employer checked the aliens' immigration status as required under the Immigration Control and Reform Act ("IRCA").
As background for this post, it might be helpful to read Hoffman Plastics Compounds, Inc. v. Nat'l Labor Relations Bd., Balbuena v. IDR Realty LLC and Majlinger v. Cassino Contracting Corp., and Labor Law sec. 220.
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