The California Supreme Court has ruled that federal immigration law does not preempt a California law that extends state law protections to all workers regardless of their immigration status. However, the court held that federal law does preempt state law on the issue of liability for lost wages for any period after an employer discovers that an employee is not authorized to work in the United States. (Salas v. Sierra Chemical Co., No. S196568, California Supreme Court, 2014)
Injured at work, undocumented
Vicente worked as a seasonal employee for Sierra Chemical Co. since 2003. Twice he injured his back at work and, after the second injury, filed a workers’ compensation claim.
In 2006, he was laid off and not rehired, allegedly due to his disability. Vicente sued Sierra Chemical, alleging disability discrimination in violation of California’s Fair Employment and Housing Act (FEHA) and retaliation.
During the course o...(register to read more)