Used and Abused Executive Summary

NELP has worked with local groups and litigators across the country to prevent employers from using the decision to strip immigrants of their fundamental labor rights.  By and large, courts have sided with workers and limited the effect of Hoffman on labor protections under other federal and state laws.  Workers have been especially successful in convincing courts that there is no need to disclose immigration status in litigation, and across the country, courts have been willing to award workers their lost wages for work performed, workers’ compensation for job injuries, and, in some cases, compensation for retaliatory firings and accidents due to negligence.

Nonetheless, some courts are siding with employers.  Of special concern are a series of small claims and lower court decisions finding that workers are not entitled to lost wages after workplace accidents, whether in negligence actions or in workers’ compensation cases.  These disturbing cases compound concerns that immigrant workers’ remaining rights are being chilled by aggressive employer tactics.  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. 

To order a copy of "Used and Abused,"  click here.