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Undocumented workers can still win overtime suit

by on
in Human Resources,Overtime Labor Laws

As a new case shows, the immigration status of employees is irrelevant when it comes to their ability to file and win Fair Labor Standards Act (FLSA) lawsuits.

Two workers at a Chinese restaurant in Massachusetts sued, claiming they routinely worked up to 80 hours per week but weren’t paid the minimum wage or overtime. When it became clear they were undocumented workers, the judge let the case proceed, saying employees are entitled to be paid correctly for the work they performed, whether they’re citizens, green-card holders or illegal immigrants. (Lin v. Chinatown Restaurant Corp.)

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