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Undocumented Worker

Undocumented Status and Failure to Pay Taxes Does Not Bar Overtime Recovery

In an important decision supporting the rights of undocumented workers for protection under the labor laws, the Eleventh Circuit Court of Appeals ruled that undocumented aliens could recover overtime wages due to them under the Fair Labor Standards Act. The court, in Lamonica v. Safe Hurricane Shutters, Inc., rejected the employer’s argument that two ...

Court Allows Undocumented Worker in Wage Pay Case To Testify Remotely from Ecuador

In an important worker rights decision, United States Magistrate Judge Ronald Ellis held that a worker at Da Ciro restaurant in New York did not have to return to New York from his home country of Ecuador to appear at a deposition ...

Head of Chipotle Restaurants Speaks Out on Immigration Issues

After an immigration crackdown on Chipotle restaurants by Immigration and Customs Enforcement (ICE), Monty Moran, the head of Chipotle restaurants, has become an advocate of immigration overhaul, according to a recent article in the Wall Street Journal. Chipotle Mexican Grill, the popular burrito restaurant ...

Court Finds Immigration Status of Undocumented Workers Irrelevant to Overtime Claims

The immigration status of undocumented workers is irrelevant to claims of unpaid overtime and illegal pay practices, according to the recent decision of Judge Paul Englemayer, a United States District Court Judge in New York. In the case of Solis v. Cindy’s Total Care, Inc., Judge Englemayer stated: “In this case, an employee’s immigration ...

Discount Foundation Issues Report on “The Movement to End Wage Theft”

The Movement to End Wage Theft, a report on minimum wage and overtime violations nationwide, was released this month by the Discount Foundation.  The report examines the wage theft movement and strategies that have ...

Judge Bars Discovery Into Immigration Status of Undocumented Workers Who Sued Their Employer For Overtime and Minimum Wage

Judge Thomas E. Boyle, United States Magistrate Judge in the Eastern District of New York last month denied an employer’s request to get discovery of the immigration status of workers who sued their employer for overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”). Judge Boyle’s decision in Uto et al. v. Job Site Services, et ano,

Feds Bust Up Smuggling Ring That Supplied Below Minimum Wage Chinatown Restaurant Workers

Last week federal agents arrested 23 people on charges that they smuggled 70 people from China to work in Chinatown restaurants for below minimum wage.

The restaurant owners allegedly targeted undocumented immigrants ...

Collegetown Restaurant Sued for Minimum Wage and Overtime Violations

The New York State Department of Labor recently fined Charles B. Park, the owner of Green Café in Ithaca, New York, one million dollars for failure to pay his workers at both Green Café and his New York City deli minimum wages and overtime, ...

Undocumented Workers Have the Right to Sue for Minimum Wage and Overtime

In light of Arizona’s new illegal-alien law and the nation-wide controversy surrounding it, it is important to be aware of the legal rights and remedies that are available to undocumented workers under the Fair Labor Standards Act (“FLSA”) and other labor laws.  Undocumented workers ...