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Immigrant Worker Project

Workplace Rights

The workplace rights of low-wage immigrant workers and undocumented workers in particular are under constant attack.  The U.S. Supreme Court's decision in Hoffman Plastic Compounds v. NLRB has  emboldened employers to mistakenly argue that undocumented workers do not have any workplace rights.  Such misinformation makes the dissemination of accurate legal information to workers, advocates and policy makers about the rights of immigrant workers more urgent. This section provides legal analysis, fact sheets and tools for legislative advocacy related to protecting and expanding the workplace rights of immigrant workers. 

Workplace Rights and Remedies Available to Immigrant Workers
This section focuses on the workplace rights and remedies of immigrant workers after the U.S. Supreme Court’s decision in Hoffman Plastic Compounds v. NLRB, in which the Court decided that undocumented immigrant workers are not eligible for back pay under the National Labor Relations Act.  The Hoffman decision has emboldened employers around the country to argue that certain immigrant workers have no workplace rights, and to argue that workers enforcing their rights should disclose their status in litigation.  The section includes fact sheets on rights and remedies after Hoffman, legal analysis and briefs, and stories from immigrants across the country, as well as advice to organizing campaigns after Hoffman.

Social Security No-Match and Employer Work Authorization Verification
This section focuses on efforts and resources available to address “SSA no-match letters.”  SSA no-match letters are letters mailed from the Social Security Administration to employers, stating that an employee’s social security number does not match SSA’s records.  This practice has caused job loss and extreme anxiety among workers.  Employers, confused about the effects of the law, sometimes unnecessarily (and illegally) reverify employees’ immigration status.  Unscrupulous employers use it to retaliate against workers attempting to exercise their labor and organizing rights.

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