In a recent policy announcement, the Solicitor General of the Department of Labor, Eugene Scalia, the son of Supreme Court Justice Antonin Scalia, said that the recent Supreme Court decision in Hoffman Plastic Compounds Inc. v. NLRB should not be construed to bar the recovery of minimum wages by undocumented workers. According to Scalia, Hoffman, which found awarding backpay to an undocumented worker unlawful, does not address the legality of providing wages due for work already performed.
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At a recent International Labor Conference held in Geneva, Switzerland, US Secretary of Labor Elaine Chao and Mexican Labor Secretary Carlos Abascal signed an agreement calling for increased cooperation on labor issues. One of the areas covered is increased protection for immigrant workers. Among other things, the US will be providing Spanish language information on the rights of immigrant workers to Mexican consulates, government agencies and non-governmental organizations in the US.
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Sun Microsystems, a leading high technology company, is being investigated by the Department of Justice following complaints from former employees that it discriminates against US citizens in favor of foreign workers. According to the company, the government requested information regarding the lay-off, last year, of 3,900 employees. It is also being investigated by the Labor Department. A company spokesperson says they are fully cooperating with the government, and that the company does not discriminate against US citizens. About five percent of Sun’s 39,000 employees have H-1B visas.
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INS Commissioner James Ziglar told a House Committee this week that he is willing to listen to travel industry officials who adamantly oppose the INS’ proposal to scrap the default six month stays visitors get when they enter the US. The INS insists that the proposed measure will boost security efforts and will not harm the economy. Leaders in the travel industry and elected officials from states which rely on tourism (including Florida Governor Jeb Bush, the President’s brother) claim the proposal will have a devastating impact.
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The INS will publish regulations Monday defining eligibility rules for institutions to begin participating in the SEVIS tracking system for foreign students.
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