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, 10 Civ. 0529, pointed out that “numerous lower courts have held that all employees, regardless of their immigration status, are protected by the provisions of the FLSA.”  Judge Boyle barred disclosure of the workers’ social security numbers and immigration status, noting that disclosure of their immigration status “would cause them embarrassment and if their status is found to be illegal would subject them to criminal charges and, possibly, deportation.”