Employers can’t use an employee’s undocumented status as an excuse for not paying minimum wage or overtime under the Fair Labor Standards Act ().
Recent case: Several former El Chile restaurant workers filed FLSA suits, claiming they weren’t paid minimum wage or overtime. None asked to be reinstated.
During the initial phase of the lawsuit, El Chile’s lawyers wanted to ask about the workers’ immigration status. They argued that illegal immigrants aren’t protected by the FLSA.
But the court disagreed. It denied the lawyers’ request, saying that even illegals are covered by the FLSA because the law defined employee as “any individual employed by an employer.” (Villareal v. El Chile, No. 07-C-1656, ND IL, 2010)
Note: The court, of course, can’t order El Chile to rehire anyone who doesn’t have legitimate work authorization. But employees are still entitled to be paid for the work they performed.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11969/workers-illegal-you-still-have-to-pay-them-correctly "