8 Cited authorities

Hoffman Plastic Compounds v. Nat'l Labor Relations Bd.
535 U.S. 137 (2002) Cited 317 times 38 Legal Analyses
Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law
Sure-Tan, Inc. v. Nat'l Labor Relations Bd.
467 U.S. 883 (1984) Cited 408 times 3 Legal Analyses
Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge
Rivera v. Nibco, Inc.
364 F.3d 1057 (9th Cir. 2004) Cited 386 times 2 Legal Analyses
Finding magistrate judge's entry of protective order precluding defendant employer from using discovery process to support after-acquired evidence defense proper, noting that "the McKennon Court did not hold that depositions could be conducted for the purpose of uncovering illegal actions."
Balbuena v. IDR Realty LLC
2006 N.Y. Slip Op. 1248 (N.Y. 2006) Cited 141 times 2 Legal Analyses
Holding that "plaintiffs' status as aliens who are not legally authorized to work in the United States" did not preclude their recovery of lost earning in their suit to recover for injuries sustained as a result of defendants' purported violations of state Labor Law
Southern S.S. Co. v. Labor Board
316 U.S. 31 (1942) Cited 160 times 2 Legal Analyses
Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”
Abel Verdon Construction v. Rivera
348 S.W.3d 749 (Ky. 2011) Cited 48 times
Finding that substantial evidence supported ALJ's conclusion that claimant was an employee where claimant's work was within the scope of the employer's business; the employer controlled the work being performed; and the work did not require any particular skill
Grocers Supply, Inc. v. Cabello
390 S.W.3d 707 (Tex. App. 2012) Cited 24 times
Affirming awards for lost wages in a negligence case
Farmer Brothers Coffee v. Workers' Compensation Appeals Board
133 Cal.App.4th 533 (Cal. Ct. App. 2005) Cited 15 times 1 Legal Analyses
Finding that this statute was not preempted by IRCA

SALAS v. SIERRA CHEMICAL

8 Cited authorities

Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law

Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge

Finding magistrate judge's entry of protective order precluding defendant employer from using discovery process to support after-acquired evidence defense proper, noting that "the McKennon Court did not hold that depositions could be conducted for the purpose of uncovering illegal actions."

Holding that "plaintiffs' status as aliens who are not legally authorized to work in the United States" did not preclude their recovery of lost earning in their suit to recover for injuries sustained as a result of defendants' purported violations of state Labor Law

Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”

Finding that substantial evidence supported ALJ's conclusion that claimant was an employee where claimant's work was within the scope of the employer's business; the employer controlled the work being performed; and the work did not require any particular skill

Affirming awards for lost wages in a negligence case

Finding that this statute was not preempted by IRCA