Immigration Reform and Control Act of 1986 (IRCA)
- Cannot hire, employe, or recruit for a fee an illegal alien
- Employer must complete an I-9 for each employee showing that it has verified that the employee is either a US citizen or is authorized to work in the US
- If employer violates IRCA, can be subject to both civil and criminal penalties
Civil Penalties of IRCA
1st offense: up to $2,200 per illegal
2nd offense: up to $5,000 per illegal
Subsequent offenses: up to $11,000 per illegal
Criminal Penalties of IRCA
Only if “pattern and practice” of hiring illegals is proven by ICE: fine of up to $3,000 per illegal and jail for employer for 10 years
What would “pattern and practice” be?
1st offense if dozens of illegals are found
OR multiple offenses
Why have these fines not been assessed on Employer’s violations since October 2021?
Executive Orders: President Biden stopped fines (DOJ)
“Open Boarder Policy”
Immigration Act of 1990
- Limits the number of legal immigrants entering the US by capping the number of visas issued each year
- If an employer recruits employees from other countries, must show that there is a shortage of qualified US workers for the job and that bringing immigrants in US will not adversely affect the labor market
Is an illegal immigrant entitled to a minimum wage?
FLSA connection - employee: anyone working for another (including illegals)
Illegals have the right to sue an employer for not giving minimum wage under FLSA
Jetlo v Sing
Mr. Jetlo (American employer - from India) recruits Mr. Sing from India to come work for him. Incentive: room and board, college funding, eventual partial ownership in the business. Over 3 years Mr. Sing gets nothing but a home and food. Mr. Jetlo calls deportation, and Mr. Sing gets deported after 18 months. Mr.Sing gets a work visa to come back to the US and files a lawsuit to retrieve back wages. He wins the case - illegal immigrants are entitled to minimum wage.
Norris-LaGuardia Act of 1932
- Protected peaceful strikes, picketing, and boycotts
- Prohibits federal courts from issuing injunctions against unions engaged in peaceful strikes
What is the law that protects the right to peaceful strikes/boycotts for the first time federally?
Norris-LaGuardia Act of 1932
What is the most comprehensive federal labor law?
National Labor Relations Act of 1935 (NLRA) - Wagner Act
National Labor Relations Act of 1935 (NLRA) - Wagner Act
- Established rights of employees to form and join unions, engage in collective bargaining, and strike
- Created unfair labor practices for employers
- Created the National Labor Relations Board (NLRB)
Labor-Management Relations Act of 1947 (LMRA) - Taft Hartley Act
(unions were abusing power)
1. Created unfair labor practices for unions
2. Outlawed the closed shop
3. Gave states the right to pass “right-to-work laws)
Closed Shop
Byproduct of the Wagner Act, companies require you to be a member of the union before you can be employed
Right to Work states
Texas is one
Union shops and agency shops are not allowed either
Union Shop
You have to join the union after a specified time
Agency Shop
You have to pay dues to the union
Are union shops and agency shops still legal?
Yes. Unions are funded with dues to promote political activities
Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) - Landrum-Griffin Act
- Purpose was to regulate internal union business procedures
- Established employee bill of rights
- Established reporting requirements for the union
- Established union member rights - you are entitled to know where your dues are going
What laws are “amendments” to the Wagner Act?
- Taft-Hartley Act
- Landrum-Griffin Act
