The American federal government is adamant about the right of every worker to receive just compensation. Every employee is expected to receive a minimum wage of $7.25 an hour, although the amount can vary slightly depending on individual state laws. Employers are also expected to pay extra compensation for employees who render services beyond their assigned working schedules. These two clauses, which are emphasized in the Fair Labor Standards Act (FLSA), are expected to cover majority of the workforce in America. This includes undocumented workers who may have come to the country illegally.
According to the lawyers from Cary Kane, undocumented workers are entitled to the same legal protection as any other American employee. Regardless of their immigration status, these workers are allowed to claim wages that they are legally owed. Through the clauses stated in the FLSA, even undocumented workers can file a lawsuit against employers violating wage laws for up to two years. The court will then urge these employers to provide back pay, disallowing them to bring up any immigration issues during the proceedings.
Protection for undocumented immigrant workers comes as development based on decisions made by several Circuit Courts on a few notable wage violation cases. One of these cases was reported by the Society for Human Resource Management. This case involved a lawsuit filed by nine former employees of Safe Hurricane Shutters, Inc. for unpaid overtime wages. The jury in the original trial ruled in favor of the workers, but the defendants filed an appeal in the 11th Circuit Court of Appeals. Eventually, the 11th Circuit disagreed with the defendants and upheld the original ruling. A similar scenario reported by the National Law Review involves the Supreme Court’s 2014 decision to decline reviewing a similar decision on an appeals case heard by the 8th Circuit Court, allowing it to stand.