Fendi will need to sell lots of these to pay Mr.
Incalza’s judgment against it.
A federal statute forbids employment of an alien who lacks authority to stay in the U.S., but California law prohibits firing such an employee without good cause. The Ninth Circuit held today that the federal and state requirements don’t necessarily conflict because, in the case before it, the alien employee (Giancarlo Incalza) could have remedied his visa problems with the help of his employer (Fendi, in its Beverly Hills store). The court thus affirmed a post-trial judgment awarding Mr. Incalza more than $1 million. Incalza v. Fendi N. Am., Inc., No. 04-57119 (9th Cir. Mar. 6, 2007).
Barry Barnett
