A business that two employees sued for $35,000 in back wages has countersued the workers and the California Labor Commissioner in a federal class action, claiming undocumented workers should not be able to file such claims, and the Labor Commissioner lacks authority to award them back pay, as such awards violate the Immigration Reform and Control Act.

Kaji Enterprise dba Sushi Sharin and Masayoshi Kaji sued California Labor Commissioner Angela Bradstreet, and Tranquilino Cruz Garcia - who claims he is owed $5,797 in pay, plus penalties of $84 a day - and Rutilino Cruz Garcia - who claims he is owed $29,978 plus daily penalties.

The Cruzes sued Kaji on Feb. 5, alleging wages owed and Labor Code violations. The case is scheduled for trial before the Labor Commission on May 22.

Kaji claims he cannot get a fair trial because the Labor Commissioner "is biased in favor of illegal immigrants," and that the Commissions policies are "calculated to undermine the enforcement of Federal Immigration Law."

Kaji is represented by Ernest Franceschi Jr.