Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Sunday, December 27, 2009

Anti-Day Laborer Law

The Town of Oyster Bay, New York recently passed a Local Law which outlaws ‘solicitation of employment’ and which is aimed at Day Laborers. Ordinance 205-32 only calls for a $250.00 fine, but that may be enough to deter a day of employment. A New York Times article about this Ordinance is available here

The legal question in my mind is whether this law is constitutional. If it is aimed at controlling immigration, it may be preempted. If it is considered a health and safety type of statute, it may be upheld. I suspect, however, that the statute is overbroad and that may result in it being declared invalid-if challenged.

Law review commentary on local laws such as this one which seek to control immigration would be welcome.

Mitchell H. Rubinstei

http://lawprofessors.typepad.com/adjunctprofs/2009/12/antiday-laborer-law.html

Employment Law, Law Review Ideas | Permalink

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