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Ninth Circuit affirms injunction barring enforcement of Arizona's immigration law

Epstein Becker Green
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USA
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May 10 2011

On April 11, 2011, the U.S. Court of Appeals for the Ninth Circuit issued a 2-1 opinion affirming a district court decision declaring that several sections of Arizona's immigration law, SB 1070, are preempted by federal law and, therefore, unconstitutional

Eighth Circuit rejects discrimination claim based on immigration status

Epstein Becker Green
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USA
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March 2 2011

On February 14, 2011, the U.S. Court of Appeals for the Eighth Circuit issued an unpublished decision in Liu v. BASF Corporation, No. 09-1850 (8th Cir. Feb. 14, 2011), that affirmed a lower court's decision to reject discrimination claims based solely on immigration status

Illinois district court directs discovery into immigration status in personal injury action

Epstein Becker Green
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USA
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March 2 2011

On February 14, 2011, a magistrate judge in the U.S. District Court for the Northern District of Illinois issued a decision in a personal injury action that permitted discovery into the plaintiff's immigration status to determine eligibility for lost wages

New York district court finds employer violated FLSA by refusing to reimburse H-2B workers for visa, travel, and other expenses

Epstein Becker Green
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USA
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March 2 2011

On February 15, 2011, the U.S. District Court for the Western District of New York denied a motion to dismiss a complaint by foreign H-2B workers that alleged that their employer violated the minimum wage provisions of the Fair Labor Standards Act ("FLSA") by refusing to reimburse the workers' transportation, visa, and recruitment expenses

Second Circuit directs discovery of immigration status in NLRB proceeding to determine eligibility for backpay

Epstein Becker Green
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USA
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March 2 2011

On February 18, 2011, the U.S. Court of Appeals for the Second Circuit issued its opinion in NLRB v. Domsey Trading Corporation, Docket Nos. 10-3356, 08-5165, 08-4845 (2d Cir. Feb. 18, 2011), reversing a decision of the National Labor Relations Board ("NLRB") and remanding the proceeding for discovery into the immigration status of employees who might otherwise be eligible for backpay awards

Fourth Circuit court approves probation term barring participant in H-2B visa scheme from HR work

Epstein Becker Green
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USA
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November 29 2010

The recent decision by the U.S. Court of Appeals for the Fourth Circuit in United States v. Starkes, No. 09-5051 (4th Cir. Nov. 3, 2010)(unpublished), underscores the dangers inherent in the H-2B program

Missouri man convicted in scheme to place undocumented workers in hotels

Epstein Becker Green
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USA
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November 29 2010

On October 28, 2010, a Missouri man was convicted by the U.S. District Court in Missouri for his role in a racketeering scheme that involved placing undocumented workers at hotels in 14 states, including several hotels in the Kansas City, Missouri, area

Court strikes New York state bar to non-immigrants seeking pharmacist license

Epstein Becker Green
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USA
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October 26 2010

On September 29, 2010, a federal district court in Manhattan declared unconstitutional a New York State law that bars non-immigrants authorized to work from obtaining a pharmacist license

Fifth Circuit rules that hotel workers on H-2B visas are not entitled to recoup visa expenses under FLSA

Epstein Becker Green
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USA
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October 26 2010

On October 1, 2010, the U.S. Court of Appeals for the Fifth Circuit decided Castellanos-Contreras v. Decatur Hotels LLC, No. 07-30942 (5th Cir. Oct. 1, 2010) (en banc

Federal judge enjoins key parts of Arizona's immigration law

Epstein Becker Green
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USA
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July 30 2010

On July 28, 2010, Judge Susan R. Bolton of the U.S. District Court for the District of Arizona issued a preliminary injunction that prevents the most controversial sections of Arizona's new immigration law (SB 1070) from taking effect

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