Some scholars are skeptical that the new Twombly/Iqbal pleading standard has really changed much of anything in employment discrimination cases.  But the new plausibility standard appears to be having a real, discernable effect in a different type of employment law case – RICO claims for depressed wages.  In these cases, legal workers allege that their employers have engaged in an unlawful criminal enterprise involving the violation of federal immigration law while hiring undocumented workers.  The result, according to plaintiffs, is that wages for legally-employed workers are held lower than they would be if the employer had hired only from the pool of legal workers.

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