In Sure-Tan v. NLRB, the United States Supreme Court held that undocumented workers are protected under the National Labor Relations Act. This Comment argues that protection should be extended under the Fair Labor Standards Act. This Comment also looks at the Immigration Reform and Control Act of 1986 (IRCA), and argues that the passage of IRCA should not affect the right of undocumented workers to be protected and receive remedies under the labor laws.
Protection for Undocumented Workers under the FLSA: An Evaluation in Light of IRCA,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol25/iss2/8