Immigration Law

Recent Posts

Immigration Private Prison Litigation Expands to New Mexico: Ndambi v. CoreCivic
Posted on 16 Nov 2018 by Daniel M. Kowalski

Prof. Jacqueline Stevens, Nov. 16, 2018 -"CoreCivic, aka CCA, Sued in New Mexico for Exploiting People Held during Immigration Proceedings "CoreCivic profits from its operation of Cibola by relying heavily on a captive workforce... Read More

NY Restaurant Chain Denied Immigration Docs In FLSA Suit - Law360
Posted on 8 Jul 2015 by Daniel M. Kowalski

Law360, July 8, 2015 - " Alice's Tea Cup LLC, a Manhattan cafe chain that has been sued by workers claiming they were stiffed on overtime pay, cannot obtain discovery of information related to the workers' immigration status or tax returns... Read More

J-1 Visa Au Pair FLSA Wage Suit Advances in Colorado; Collusion Smoking Gun? - Beltran v. Noonan
Posted on 2 Apr 2016 by Daniel M. Kowalski

Beltran v. Noonan, Mar. 31, 2016 - "Plaintiffs’ circumstantial evidence presented sufficient circumstantial evidence of a viable economic theory of collusion ... the Court agrees with [Magistrate] Judge Tafoya’s conclusion that the FLSA... Read More

$11.8 Million Judgment for H-2B Forestry Workers
Posted on 20 Dec 2012 by Daniel M. Kowalski

" A federal court has ordered a Georgia forestry company to pay $11.8 million to 4,000 foreign guestworkers who were cheated out of wages while employed by the company – the largest court award to date on behalf of guestworkers. The Southern... Read More

Restaurant Asks Supreme Court to Rubber-Stamp Slave Wages
Posted on 11 Dec 2013 by Daniel M. Kowalski

"A Kansas City, Mo., restaurant has asked the U.S. Supreme Court to determine whether immigrants living in the country illegally can recover overtime and minimum wage under federal employment law, in a case involving admitted noncitizen Guatemalan... Read More

FLSA Lawsuit Recovers Guestworker Wages: Fuentes Cordova v. R&A Oysters
Posted on 20 Mar 2016 by Daniel M. Kowalski

SPLC, Mar. 17, 2016 - "A federal judge this week ordered a Gulf Coast seafood company to pay $30,000 to 18 guest workers whose wages were pushed below the minimum wage by their employer, resolving one of the claims in an SPLC lawsuit. In a separate... Read More

Tags: FLSA , Alabama , lawsuit , oysters , H-2B , SPLC

FLSA Lawsuit Filed by H-2B Carnival Workers
Posted on 29 Aug 2013 by Daniel M. Kowalski

"LAS-ELC and Centro de los Derechos del Migrante (Center for Migrant Rights, or CDM) served Butler Amusements, Inc., a California registered business and the largest carnival company in the western U.S., with a lawsuit that was filed in federal court... Read More

Using Jailed Migrants as a Pool of Cheap Labor
Posted on 25 May 2014 by Daniel M. Kowalski

"As the federal government cracks down on immigrants in the country illegally and forbids businesses to hire them, it is relying on tens of thousands of those immigrants each year to provide essential labor — usually for $1 a day or less —... Read More

Roofing Company Pays $230K For H-2B, FLSA Violations
Posted on 13 Feb 2014 by Daniel M. Kowalski

"The U.S. Department of Labor obtained a consent judgment from the U.S. District Court of Colorado that ordered Superior Roofing Inc. to pay $143,000 in back wages to 343 workers for unpaid minimum wage and overtime due under the Fair Labor Standards... Read More

Former McDonald's Franchisee Settles With DOL for $211K in FLSA, J-1 Summer Work Case
Posted on 20 Feb 2014 by Daniel M. Kowalski

"Former McDonald's franchisee Cheung Enterprises LLC and president Andrew Cheung, based in Middletown, have agreed to pay $205,977 in back wages and liquidated damages to 291 employees, including 178 foreign student workers hired under the U... Read More

CA8 on FLSA: Lucas v. Jerusalem Cafe
Posted on 31 Jul 2013 by Daniel M. Kowalski

"For varying periods between June 2007 and March 2010, Elmer Lucas and five other aliens (collectively, workers), without employment authorization, toiled in the Jerusalem Cafe (Cafe), some for less than minimum wage and all without receiving overtime... Read More

CA4 on Slavery (TVPA, FLSA) - Cruz v. Maypa
Posted on 2 Dec 2014 by Daniel M. Kowalski

"Cruz alleges that she was forced to work for the defendants for wages well below the minimum from 2002 until her escape in 2008. The district court dismissed all of her claims as time-barred. We affirm the district court’s dismissal of Cruz’s... Read More

CA9 on FLSA, H-2A, Nevada: Rivera v. Peri & Sons Farms, Inc.
Posted on 20 Nov 2013 by Daniel M. Kowalski

"In the face of regulatory ambiguity, the DOL’s determination that inbound travel and immigration expenses primarily benefit H-2A employers was reasonable. There is no reason to think that the DOL’s determination was not a product of... Read More

Au Pair FLSA Lawsuit Moves Forward (Beltran v. Interexchange)
Posted on 3 Apr 2017 by Daniel M. Kowalski

Beltran v. Interexchange, Mar. 31, 2017 - "This matter is before the Court on Plaintiffs' Motion for Conditional Collective Action Certification (Doc. # 325) and Plaintiffs’ Second Motion for Conditional Collective Action Certification... Read More

DOL Wage & Hour Investigates Extortion Against Immigrants in Florida
Posted on 10 Feb 2014 by Daniel M. Kowalski

"Given the facts that the Wage and Hour Division has preliminary established during its investigation of the employer, there is reason to believe that Mr. Barreno, and others like him, were victims of witness tampering under 18 U.S.c. Section 1512... Read More