Evan Carmichael Top Header about About About facebook Twitter YouTube Google+

Illegal Workers Protected by FLSA



Free PDF Download
Performance Review Disagreements - By Allison Grace

Name: Email:


A federal district judge in Miami ruled that undocumented aliens working in the US have the same right to file claims for overtime compensation under the Fair Labor Standards Act (FLSA) as workers who are in this country legally.


The federal FLSA requires employers to pay one-and-a-half times the regular hourly pay rate to non-exempt employees for hours worked in excess of 40 in any workweek. In the case in Miami, the employer argued that the two employees who sued the company are illegal immigrants and not entitled to FLSA protections. The judge disagreed and cited a previous ruling by the US Circuit Court of Appeals for the Eleventh Circuit that undocumented workers are “employees” within the meaning of the FLSA and can bring an action under the act for unpaid wages and liquidated damages. She further cited a court decision which held that violations of federal immigration laws do not preclude awards under the FLSA. The judge’s decision is in line with the majority of state and federal court decisions on this issue.

This decision should remind employers of the importance of properly identifying and establishing employment eligibility for all workers, following the I9 compliance requirements. Employers who inadvertently hire illegal workers should remember that those workers, if non-exempt, are entitled to overtime pay if they work more than 40 hours in a week, just like everyone else.


Related Articles

  FLSA Overtime Rules and Regulations, Practical Applications
  Employers Required To Provide Nursing Mothers Break Time
  The Top 6 Ways to Violate the FLSA
  The Fair Labor Standards Act: What You Need to know
  FLSA Pitfalls and Innocent Errors
  Issues with Contract Labour Management
  'Tis the Season...for Employee Relations Nightmares?
  Flexible Work and The Fair Labor Standards Act
  1.13 Working safely out of poverty: Working Out of Poverty
  Increase in Government Immigration Enforcement Activities
  The Fearful FLSA Audit
  Should You Sign A Nursing Home Admission Agreement?
  Young Boss, Older Worker
  Bad Co-workers: How they can be Beneficial to Your Development (Tip #6)
  Keeping Your Variable Compensation Programs in Compliance with the FLSA
  Do you know what employment law applies to your business?
  Enforcement Audits and Investigations to Increase in 2010
  Employers Face Greater Employment Immigration ScrutinyBeware of Little Mistakes That Cost You Big
  The traitor within the gates
  Stupid Is Not A Protected Class

Home > Human-Resources > Allison Grace > Illegal Workers Protected by FLSA >

Free PDF Download
Performance Review Disagreements - By Allison Grace

Name: Email:

About the Author: Allison Grace

RSS for Allison's articles - Visit Allison's website
Allison Grace, CEBS, CCP, CMS, is President and Founder of Instant HR Solutions and a human resources professional with more than nineteen years of experience. As a consultant, Allison has worked with companies in various industries including hedge funds, technology, oil and gas development, recruiting and accounting. Combined with technical training and professional certifications, Allison’s practical experience includes working in all aspects of human resources to establish HR programs that support the strategic objectives of the business. Her extensive experience includes benefits, compensation, legal compliance, performance management, employee relations, recruiting and termination.
Click here to visit Allison's website.
Dashed Line

More from Allison Grace
Dos and Donts of Reference Checks
Massachusetts Enacts Legislation To Protect Personal Information
How To Create an Employee Incentive Program
Top Ten Mistakes That Lead To Employment Law Problems
What You Need To Know Before You Terminate

Related Forum Posts

Re: NEW VIDEO - Business Ideas - 3 Success Lessons from Ben and Re: NEW VIDEO - Business Ideas - 3 Success Lessons from Ben and
How about discussing Costco's biz model??  And CEO How about discussing Costco's biz model?? And CEO

Share this article. Fund someone's dream.

Share this post and you'll help support entrepreneurs in Africa through our partnership with Kiva. Over $50,000 raised and counting - Please keep sharing! Learn more.
Share for a Cause
Featured Video



Worksheets
By: Evan Carmichael

Do you have what it takes to be an entrepreneur?

8 Powerful Steps to Finding Your Passion

Does your pitch suck?

Create a plan of attach to launch your new business.

8-Cover

Like this page? PLEASE +1 it! Evan Signature
Bottom Footer



Newsletter

Get advice & tips from famous business
owners, new articles by entrepreneur
experts, my latest website updates, &
special sneak peaks at what's to come!
Name:
Email:
Popular Articles

Five Ways to Boost Your Email Delivery Rate

How to Sell to the Price Driven Customer

Why Small Businesses Don't Survive

Suggestions

Email us your ideas on how to make our
website more valuable! Thank you Sharon
from Toronto Salsa Lessons / Classes for
your suggestions to make the newsletter
look like the website and profile younger
entrepreneurs like Jennifer Lopez.