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Thursday, July 16, 2026

Once Work Is Performed, Undocumented Workers Must Be Paid - Law.com

Despite increasing anti-immigrant sentiments across the nation, the New Jersey Supreme Court recently reaffirmed two long-standing and important principles in wage theft litigation: (1) once work is performed, employers must pay workers regardless of their immigration status, and (2) immigration status is not generally discoverable or admissible evidence in those cases.

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'Musker' left unanswered how to distinguish between commissions, which qualify as wages, and bonuses, which do not. The critical distinction between the two forms of compensation is not directly the subject of any binding New Jersey case law. We explore the issue in the meantime.

The decision classifying Streamate performers as employees is believed to be the first of its kind involving remote webcam models in the country, said Charles Kocher of McOmber McOmber & Luber in Marlton, New Jersey, who represents the plaintiff and members of the class.



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