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Clever lawyers are always looking for ways to reach deeper into employer pockets. One tactic has been to add state negligence claims to run-of-the-mill discrimination cases. That won’t work anymore, at least as far as negligent hiring, supervision and retention claims are concerned.
Simply put, immigration status isn’t relevant to whether an employer violated the FLSA by paying less than minimum wage or failed to pay proper overtime. However, if the worker is cooperating with the DOL in an FLSA case, the employer may demand to know whether the worker may receive something of value for his testimony.