ELIZABETH, N.J. – A coalition of immigrant rights, labor, and legal aid organizations filed a friend-of-the-court brief on Tuesday, urging the New Jersey Supreme Court to overturn a recent Appellate Division decision that denied an undocumented worker’s wage claim based on his immigration status.
The groups, represented by Make the Road New Jersey, Legal Aid at Work, and the National Employment Law Project (NELP), argue that the ruling misinterprets federal immigration and labor law, and could have far-reaching negative consequences for workers across the state.
The Appellate Division’s decision, according to the brief, opens the door to increased exploitation of immigrant workers and undermines decades of established employment law. “The decision gives a free pass to unscrupulous employers to steal workers’ hard-earned wages,” said Lauren Herman, legal director of Make the Road New Jersey. “We urge the New Jersey Supreme Court to grant certification on this important case.”
Christopher Ho, director of the National Origin and Immigrants’ Rights Program at Legal Aid at Work, emphasized that courts across the country have consistently upheld the rights of undocumented workers to pursue wage claims. “Our hope is that the New Jersey Supreme Court will hear Mr. Lopez’s case and affirm that immigration status should not shield employers from accountability.”
Amici curiae include a broad coalition of advocacy groups such as the American Civil Liberties Union of New Jersey, Legal Services of New Jersey, and Service Employees International Union Local 32BJ. They argue that undocumented workers, who make up about 7% of New Jersey’s workforce, are particularly vulnerable to wage theft and exploitation.
The case has significant implications for labor rights across the state, particularly for undocumented workers who play a vital role in the economy.
