Is an undocumented alien protected under the National Labor Relations Act (NLRA)?

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

Yes. An undocumented alien is protected under the NLRA and may file unfair labor practices and seek remedies from the National Labor Relations Board (NLRB). However, the NLRB and courts have held that an undocumented alien is not eligible for backpay under the NLRA.