Undocumented Workers Are Eligible for Overtime Pay

Some employers hire illegal immigrants, believing that these individuals are either not subject to wage and hour laws or will not complain of wage and hour violations due to fear of deportation. The law is clear: undocumented immigrants working in the United States have the same rights to minimum wages and overtime as U.S. citizens, and that they may pursue lawsuits to collect unpaid wages and overtime. The FLSA protects all individuals, without regard to their immigration status.

The FLSA’s protection for illegal immigrants also protects U.S. citizens. If minimum wage and overtime laws did not apply to illegal immigrants, employers would be incentivized to hire them and pay them subminimum wages, rather than hire U.S. citizens for full wages. By recognizing that the FLSA applies to illegal immigrants, the law disincentivizes employers from hiring illegal immigrants to the disadvantage of U.S. citizens competing in the labor market and employers who do not engage in these illegal practices.

Understandably, many illegal immigrants are hesitant to bring FLSA claims against their employers due to their immigration status. However, an employee’s immigration status cannot be used as a defense to an FLSA claim, and it is illegal for an employer who is claimed to have violated the FLSA to threaten the employee with deportation. Many cases have been successfully resolved for illegal immigrants who were improperly denied minimum wages or overtime.

If you are an undocumented worker who is being taken advantage of by an employer paying subminimum wages or failing to pay overtime, we can help. Call Shavitz Law Group at (561) 447-8888 or email us at [email protected] to learn about your rights.


Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.
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