Ask a Lawyer - Archive
   
Undocumented Workers Are "Employees'" Within the Meaning of the Fair Labor Standards Act.
Kell A. Simon

Q. 

Can an employer not pay the employee due to his legal status?

-- eddie

A. 

The federal Fair Labor Standards Act (FLSA) requires that all employees be paid at least the federal minimum wage plus time and a half for hours worked over 40 per week. According to most courts, undocumented workers are "employees" within the meaning of the FLSA and can bring an action under the act for unpaid wages and liquidated damages if the employer refuses to pay them for work that they have performed. There may be additional state laws in California that require such payment as well.



-- Kell A. Simon

Terms & Conditions   Privacy   Copyright © 2009 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.