News Update - February 23, 2007
By Alan Lee, Esq.†‡
Court Upholds Undocumented Workers Rights to Unpaid/Minimum Wage
In a case of first impression, New York Supreme Court Judge Karla
Moskowitz held that the Immigration Reform and Control Act of 1986
(IRCA) does not preempt New York labor law. The judge found undocumented
workers who did not present fraudulent documents are entitled to
wages that were withheld by the employer. In her decision, Judge
Moskowitz opined about the common goals of the IRCA and the Fair
Labor Standards Act (FLSA) as well as New York Labor Law requiring
no less than minimum wage be paid. She stated, "IRCA does not
undermine or diminish in any way labor protections in existing law,
or . . . limit the powers of federal or state labor relations boards
. . . to remedy unfair practices committed against undocumented
employees.'" The decision is Pineda v. Kel-Tech. Construction
Inc., 2007 WL 120217 (NY Sup, 1/10/07)
USCIS reiterates limits on expediting FBI name checks
FBI name checks are a large part of delays in visa processing and
adjustment of status. A February 20, 2007 release by the USCIS states
that it is no longer limiting its requests to expedite FBI name
checks to cases in which a petition or writ of mandamus has been
filed. The USCIS will also request, at the District Director’s
discretion, expedition by the FBI in the following circumstances:
in cases of military deployment; cases in which an applicant may
age-out and is not protected by the Child Status Protection Act;
in diversity visa cases nearing expiration; where there are “significant
or compelling reasons, such as critical medical conditions;”
and when loss of social security benefits or other subsistence may
occur.
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