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IRCA did not override wage claim
March 28, 2007 by Ross Runkel at LawMemo
Another court has weighed in on the question of undocumented workers' wage claims.
Coma Corp v. Kansas Dept of Labor (Kansas 03/23/2007) rejected the idea that the federal Immigration Reform and Control Act (IRCA) preempted certain state labor laws. The Kansas court concluded that the Kansas Wage Payment Act applied to earned, but unpaid, wages of an undocumented worker.
The court found that to deny or to dilute an action for wages earned but not paid on the ground that such employment contracts were illegal, would directly contravene the public policy of the State of Kansas of protecting wages and wage earners.
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