Immigration Law

Wisc. FMLA Protects Undocumented Worker: Burlington Graphic Systems

"Burlington argues that an employer cannot violate the Wisconsin FMLA by discharging an undocumented worker as that worker has no right to employment in the first instance and federal immigration law mandates the discharge. We disagree. Federal immigration law is not an absolute defense to an employer’s violation of the Wisconsin FMLA. Employers must abide by the Wisconsin FMLA regardless of an employee’s immigration status. The Department properly found that Burlington violated the Wisconsin FMLA and properly exercised its discretion in fashioning the remedy that it did. We affirm." - Burlington Graphic Systems, Inc. v. DWC, Dec, 23, 2014.