Reyes

Reyes v. Van Elk, Ltd.

Good Law
148 Cal. App. 4th 604·2007 Cal. App. LEXIS 353·2007 Daily Journal DAR 3435·56 Cal. Rptr. 3d 68·12 Wage & Hour Cas.2d (BNA) 805
Court of Appeal of CaliforniaMarch 14, 2007B182068California4,953 words

Opinion

Opinion

Woods, J.

Plaintiffs Jose Reyes, Francisco Reyes, Jose Perez and Carlos Flores were employed by defendant Van Elk, Ltd. (Van Elk), on public works projects, which were allegedly subject to California’s prevailing wage law. (Lab. Code, §§ 1720-1861.) Plaintiffs sued Van Elk and others for failing to pay prevailing wages. The superior court granted summary judgment in favor of defendants on the grounds undocumented workers were precluded by the federal Immigration Reform and Control Act of 1986 (the IRCA) ( 8 U.S.C. § 1101 et seq.) and Hoffman Plastic Compounds, Inc. v. NLRB (2002) 535 U.S. 137 [ 152 L.Ed.2d 271 , 122 S.Ct. 1275 ] from asserting such claims. The superior court also found the supremacy clause preempted California statutes declaring immigration status irrelevant to claims under California’s labor, employment, civil rights and employee housing laws. Plaintiffs contend the IRCA and Hoffman do not preclude undocumented workers from asserting such claims and the California statutes are not preempted. Defendants contend the court erroneously denied their request for attorney’s fees. We reverse the judgment and order the superior court to enter an order denying the motion…

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