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 Hoffman Plastics, the Court decided that undocumented immigrant workers are not eligible for back pay under the National Labor Relations Act.  Although the case addressed a narrow legal point, it 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 immigration 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.

New NELP Webpage: Hurricane Katrina and Low Wage Workers: Fact Sheets for Workers and Advocates

Displaced residents of the Gulf Coast, disaster responders, and workers seeking jobs in the devastated areas face uncertain labor and employment protections thanks to the recent federal rollbacks of such bedrock protections as the right to be paid the prevailing wage on public sector jobs and the right to affirmative action in hiring for those jobs. Employers may feel emboldened by the administration’s undercutting, but workers and their advocates must remind them that other labor and employment laws remain on the books and must be followed. Workers still have the right to be paid, to be free from safety and health hazards, to get leave to take care of sick family members, and to get workers’ compensation benefits if they are injured on the job. NELP has prepared a series of fact sheets and a policy short addressing these issues, which are available on this page.

NELP Webpage: Raising the Level of Basic Workplace Enforcement

To combat the decline in basic work standards, there is a growing recognition of the need to raise the level of enforcement for workers stuck in sweatshop jobs, including the right to be paid the minimum wage and to receive health and safety protections on the job.  This webpage provides materials and reources for community groups, advocates and allies seeking to shore up basic workplace rights.

NELP Webpage: Advancing the Human Rights of Immigrant Workers in the U.S.

On September 17, the Interamerican Court of Human Rights decided, in a landmark case, that international human rights law is violated when a country fails to protect the labor rights of immigrant workers, regardless of their immigration status.  NELP has created and gathered a number of documents relating to this decision and its impact on workers rights in the US.

State and Local Models for Advancing Immigrant Workers' Rights

Low Pay, High Risk: State Models for Advancing Immigrant Workers' Rights. This publication provides examples of how states and localities, through their legislatures or administrative agencies, can enact legislation and policies that benefit low-wage immigrant workers, including undocumented workers.  (November 2003).

Legal Developments Following Hoffman Plastic

Undocumented Workers: Preserving Rights and Remedies After Hoffman Plastic Compounds v. NLRB  This publication, intended mainly for lawyers, outlines the legal effects of the Hoffman Plastic decision, including case law post-Hoffman and recommendations for protecting immigrant clients from burdensome, harassing discovery. (February 2003)

Used and Abused: The Treatment of Undocumented Victims of Labor Law Violations Since Hoffman Plastic Compounds v. NLRB    Since the U.S. Supreme Court's decision in the Hoffman case, denying back pay to undocumented workers illegally discharged for engaging in union organizing, employer retaliation against undocumented workers is on the rise. NELP’s updated “Used and Abused” catalogues the current case law in the United States and tells the stories of the workers affected by the Supreme Court’s mistake in Hoffman Plastic Compounds, Inc. v. NLRB. 

Fact Sheets

NLRB Policy Post Hoffman Plastic Compounds: Fact Sheet for OrganizersThe U.S. Supreme Court's decision in Hoffman Plastic Compounds v. NLRB has affected immigrant worker organizing campaigns across the country.  Learn about your rights to organize in spite of the devastating decision of the Court.

The Supreme Court's Decision in Hoffman Plastic Compounds v. NLRB: Fact Sheet for Workers This fact sheet for workers describes the Supreme Court's decision in Hoffman Plastic Compounds v. NLRB. (May 2002)

La Decision de La Corte Suprema en Hoffman Plastic Compounds v. NLRB En este caso, un trabajador sin papeles de inmigración trabajaba en una fábrica. Su patrón violó la ley “National Labor Relations Act” (NLRA) cuando lo despidio por que él ayudó a organizar una unión. La pregunta para la Corte Suprema era si el trabajador podía recibir el remedio de “backpay” por el tiempo que él no trabajaba porque lo habían terminado ilegal. (mayo 2002)