In an employment case with significant implications for production agriculture, the California Supreme Court ruled Thursday that falsely documented employees may successfully sue their employers for back wages under the state’s anti-discrimination laws. The Court held that the state Fair Employment and Housing Act is generally not preempted by federal immigration law, but that federal preemption does bar an award for lost pay damages under the FEHA for any period of time after an employer discovers the employee is ineligible under federal law to work in the United States.  However, falsely documented employees may still pursue and recover damages against the employer, including post-termination back pay for the period when the employee was not authorized to work and did not actually perform work until the fraud was discovered. 

 

Jason Resnick

This afternoon, Western Growers' President and CEO Tom Nassif, and a group of agricultural leaders and producers, met with Vice President Joe Biden to discuss immigration reform. Legislative action to address our broken immigration system remains the top priority for agriculture this year. Agricultural leaders, along with representatives from the faith and law enforcement communities, emphasized their commitment to putting continued pressure on Congress to act.

Wendy Fink-Weber

This afternoon, Western Growers' President and CEO Tom Nassif, and a group of agricultural leaders and producers, met with Vice President Joe Biden to discuss immigration reform. Legislative action to address our broken immigration system remains the top priority for agriculture this year. Agricultural leaders, along with representatives from the faith and law enforcement communities, emphasized their commitment to putting continued pressure on Congress to act.

Ken Barbic

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