News Brief From New Jersey Law Journal

'DON'T ASK, DON'T TELL' RULE SET FOR ILLEGAL-ALIEN PLAINTIFFS
In a case of first impression, an Appellate Division panel held Wednesday that defense counsel cannot ask the plaintiffs about their immigration status during discovery in a putative class action suit alleging that an employer cheated its workers out of required just compensation and overtime pay. Nor can the plaintiffs be asked about whether they lied to their employer or made false statements, unless the defense can make a showing that those statements have a direct impact on their credibility in determining whether they are, in fact, eligible for back pay and overtime, the court said in Serrano and Vivar v. Underground Utilities Corp.