Defending Undocumented Workers’ Access to New Jersey Wage and Hour Protections

NELP, Legal Aid at Work, Make the Road New Jersey, and 9 other immigrant and workers’ rights organizations and unions filed an amicus brief in Lopez v. Marmic LLC et al. defending undocumented workers’ rights and access to New Jersey wage and hour laws. If not reversed by the New Jersey Supreme Court, the case could significantly narrow the scope of workplace protections afforded to undocumented workers throughout New Jersey.  

 In Lopez, an undocumented worker allegedly suffered wage theft after his employer failed to pay him for work he did while employed as a building superintendent. The New Jersey Appellate Division, the state’s intermediate court, held that federal immigration law bars him from receiving unpaid wages for the work he did—a disturbing decision in stark contrast with virtually every other state and federal court that has considered this issue. Also alarming, the Appellate Division used Mr. Lopez’s undocumented status to rubber stamp a “barter arrangement” where the employer provided Mr. Lopez only housing in exchange for his labor, validating the employer’s claim that the state’s wage and hour laws did not apply to this “arrangement.” The case is now awaiting certification before the New Jersey Supreme Court.  

 If the lower court’s ruling stands, employers could be free to hire undocumented workers and pay them nothing, degrading working conditions for all who labor in the Garden State.  As we explain in our brief, the lower court’s erroneous application of federal immigration law frustrates Congress’ intent and would have a chilling effect on all future New Jersey wage and hour claims. 

 We urge the New Jersey Supreme Court to accept this case and reject the lower court’s holdings, which fundamentally conflict with longstanding precedents that one cannot contract away the obligation to pay the minimum wage, nor escape liability for unpaid wages just because a worker is undocumented. Failure to redress this ruling will only expose all workers to heightened exploitation across industries.  

 All New Jersey workers, regardless of immigration status, are entitled to the full protection of the state’s workplace laws, including the fundamental right to be paid for your work.