Court ruling: Illegal workers can sue for OT pay
February 17, 2009 by Jim GiulianoPosted in: Complaint investigation, Employment law, Exempt non-exempt, FLSA, In this week's e-newsletter, Latest News & Views, Money, Pay and benefits
A federal judge has ruled that workers who’ve entered this country illegally have the same right to sue for overtime pay as any other workers.
The case — Galdames, et al. v. N & D Investment Corp. – was heard in Miami, and involved two plaintiffs who worked for a Miami commercial laundry They were looking to sue their employer for overtime pay and damages.
The laundry company argued that the U.S. Supreme Court, in Hoffman Plastic Compounds, Inc. v. N.L.R.B., ruled that illegal aliens couldn’t sue in U.S. courts under the Fair Labor Standard Act.
The Hoffman Plastic case involved an undocumented Mexican worker who had fraudulently used a birth certificate belonging to a friend born in Texas to get a job at a factory in California. He was fired after he tried to organize a union at his workplace. The National Labor Relations Board (NLRB) found that the termination had violated the NLRA and ordered backpay and other relief. However, the Supreme Court, in a 5-4 ruling, concluded that the Immigration Reform and Control Act of 1986, which makes it unlawful for employees to use fraudulent documents to establish employment eligibility, erased the awarding backpay to an undocumented alien who had never been authorized to work legally in the United States.
Different rules
The judge said “no.” The FLSA rules are different from labor-relations rules, and apply no matter what the worker’s legal status is.
The judge’s decision is in line with the majority of state and federal court decisions that have considered the question of FLSA rights for undocumented workers.
Bottom line: Even if an employer unknowingly hires an illegal alien, the worker can use the employer for overtime pay and damages.
Tags: fair labor standards act, NLRB, overtime
February 17th, 2009 at 8:02 am
Ok, so he was paid his back pay and sent back to Mexico, right? Come on, I’m a liberal guy, but he fraudulently obtained a job.
February 18th, 2009 at 2:17 pm
It’s not clear from what I read (here and on other websites) that the foreign nationals committed fraud. Yes, they did not have work authorization, but maybe the company hired them without checking this. I can’t tell whether the company completed the necessary I-9 forms.
February 18th, 2009 at 2:36 pm
“The Hoffman Plastic case involved an undocumented Mexican worker who had fraudulently used a birth certificate belonging to a friend born in Texas to get a job at a factory in California.”
I’m going by what was written here. I feel differently about companies who don’t complete I-9’s. If that’s the case, then they are in the wrong. Regardless, I understand both sides of this particular argument. Companies would be able to take advantage of illegals, knowing that they have no recourse. On the other hand, there has to be something to deter illegals – how is it fair that a company does everything it’s supposed to, yet could still end up paying legal fees for protecting itself against someone who committed fraud to get a job?
February 18th, 2009 at 4:36 pm
Brian – you say “how is it fair that a company does everything it’s supposed to, yet could still end up paying legal fees for protecting itself against someone who committed fraud to get a job?” It’s not fair. I just don’t think that this was what happened here.
February 23rd, 2009 at 11:42 am
The compnay evidently asked for paperwork, although it is not stated that an I-9 was completed. If the company did not complete the I-9, they are at fault and should suffer consequesces. But the immigrant KNEW he was violating the law and presenting papers that did not belong to him. What is the rest of the story? Is he staying in the country illegally while the lawsuit goes on? Where is he getting income as this continues….sometimes for years. Surely the good ole USA is not supporting him with our taxes while he pursues this case!!!
February 24th, 2009 at 1:42 pm
I think the lesson from this is that you should pay all workers correctly to avoid legal challenges.