Gorgonio Balbuena, Appellants v. IDR Realty LLC, Respondents and Third-Party Plaintiffs. Taman…

Summary

The New York Court of Appeals held that federal immigration law does not preempt New York Labor Law claims for lost wages by undocumented workers who were injured on the job, reversing the Appellate Division’s dismissal in Balbuena and affirming the reinstatement in Majlinger. The majority distinguished the Supreme Court’s decision in Hoffman, noting that the plaintiffs did not present fraudulent work documents. Justice R.S. Smith dissented, arguing that such recovery is barred by New York public policy and preempted by IRCA.