US Supreme Court: Illegals Are Not Employees

The United States Supreme Court last week ruled that immigrants that have not been legally admitted or, or authorized to work in, the United States, are not entitled to back pay and are not entitled to the protections found in the National Labor Relations Act. Though not a workers' compensation case, the US Supreme Court's dictum in the decision of Hoffman Plastic Compounds, Inc. v. NLRB (USSC No. 001595, 3/27/02) may provide litigable controversy in work comp proceeding across the nation in the holding that employees must be deemed unavailable for work (and the accrual of backpay therefore ...