Can illegal worker make a claim for unpaid OT?

An employee has to be a legal worker in order to make a wage-and-hour complaint, right?
Wrong. A judge recently ruled the immigration status of a worker — or group of workers — is “irrelevant” to a Fair Labor Standards Act (FLSA) claim.
Workers say they were shortchanged

Two workers filed a lawsuit against their employer, claiming they routinely worked 60 to 80 hours per week — but were paid for far fewer hours.
As a result, they claimed their wages fell below minimum wage standards. In addition, they said that at times they weren’t paid on time and weren’t paid time-and-a-half for the overtime work they did.
Their employer asked the court to compel the workers to respond to its discovery that they were illegal aliens — before allowing the case to proceed.
After some deliberation, the judge determined that the workers’ status as illegal immigrants was not important.
The judge’s reasoning: Courts cannot deny damages — even to illegal immigrants — for proven violations of wage-and-hour law.
FLSA: Illegal aliens are still employees
The judge said courts have determined that illegal aliens can be considered employees under the FLSA. In addition, the judge noted that the U.S. Department of Labor has deemed that illegal aliens can recover damages under the FLSA.
So the case against the employer will proceed. The workers are seeking unpaid wages, damages under the FLSA and triple damages for violations of state laws — plus attorney fees and costs.
Cite: Lin v. Chinatown Restaurant Corp. (PDF)
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