233 F. Supp. 2d 462 - Flores v. Amigon’s Empirical Analysis

Citation profile

5 federal appellate · 5 district · 5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Indeed, it is arguable that enforcing the FLSA's provisions requiring employers to pay proper wages to undocumented aliens when the work had been performed actually furthers the goal of the IRCA, which requires the employer to discharge any worker upon discovery of the worker's undocumented alien status. 8 U.S.C. § 1324a(a)(2). If employers know that they will not only be subject to civil penalties, 8 U.S.C. § 1324a(e)(4)(A), and criminal prosecution, 8 U.S.C. § 1324a(f)(1), when they hire illegal aliens, but they will also be required to pay them at the same rates as legal workers for work actually performed, there are virtually no incentives left for an employer to hire an undocumented alien in the first instance. [Citation omitted.] Whatever benefit an employer might have gained by paying less than the minimum wage is eliminated and the employer's incentive would be to investigate and obtain proper documentation from each of his workers." 233 F.Supp.2d at 464 .”

   3 later decisions quote this exact passage
   e.g. Coma Corporation v. KANSAS DEPARTMENT OF LABOR · Coma Corp. v. Kansas Department of Labor

2. “FLSA’s coverage of undocumented aliens goes hand in hand with the policies behind the IRCA. Congress enacted the IRCA to reduce illegal immigration by eliminating employers’ economic incentive to hire undocumented aliens.... The FLSA’s coverage of undocumented workers ... offsets what is perhaps the most attractive feature of such workers — their willingness to work for less than the minimum wage. If the FLSA did not cover undocumented aliens, employers would have an incentive to hire them. Employers might find it economically advantageous to hire and underpay undocumented workers and run the risk of sanctions under the IRCA.”

   1 later decision quote this exact passage
   e.g. 987 F. Supp. 2d 451 - Colon v. Major Perry Street Corp.

3. “[W]hile discovery under the Federal Rules of Civil Procedure is generally broad and far-reaching, ... here the added in terrorem effect of producing these documents weighs in favor of granting the request for a protective order [to not allow discovery into plaintiffs immigration status]. If forced to disclose their immigration status, most undocumented aliens would withdraw their claims or refrain from bringing an action such as this in the first instance. This would effectively eliminate the FLSA as a means for protecting undocumented workers from exploitation and retaliation.”

   1 later decision quote this exact passage
   e.g. Reyes v. Snowcap Creamery, Inc.