• February 10, 2011

Sometimes kids say the darnedest things.  The child of a friend of Minnesota Litigator asked a parent on a recent visit to a Twin Cities Chipotle restaurant something along these lines — “Where are all the Mexicans?” — because Chipotle’s Mexican fare had always been served up by latino workers on the child’s previous visits.  On this visit, none were to be seen; the workers were all white or african-american.

The restaurant has fired hundreds of workers across the country, apparently, after an immigration enforcement crackdown.

Immigration laws “are what they are” although many for several years now have thought they are not what they should be.  But labor laws “are what they are” as well and just because someone’s immigration status (or uncertainty in regard to same) may result in termination, employers are probably still bound by wage laws.

That is the position of Justin D. Cummins of the Miller O’Brien Cummins, PLLP law firm who has brought a complaint against Chipotle (in its myriad corporate embodiments) for the delay in paying their wages post-termination on behalf of terminated Chipotle workers Tanya Cortes and Alejandro Juarez, as proposed class representatives for a class action.  (The complaint is here.)

The case is pending in Hennepin County District Court before Judge Ronald L. Abrams.

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