NLRB Concludes That Undocumented Workers Are Ineligible To Receive Backpay

Originally published on the Employer's Law Blog

On August 9, 2011, in Mezonos Maven Bakery, Inc., the National Labor Relations Board ("NLRB") concluded that it lacks authority to award backpay to undocumented immigrants whose rights under the National Labor Relations Act ("NLRA") were violated. In doing so, the NLRB broadly interpreted the Supreme Court's decision, in Hoffman Plastic Compounds v NLRB in which the Supreme Court held that the NLRB lacks the power to award back pay to an undocumented worker who, in violation of federal immigration law, presented fraudulent work authorization documents.

In Mezonos, seven former employees – who never presented proof of authorization to work – filed an unfair labor practice charge alleging that their employer violated their right to engage in concerted activity under the NLRA when they were terminated following an internal complaint about their supervisor. After a settlement was reached whereby the NLRB ordered the