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Undocumented workers and FLSA Overtime Wage Violations

Call (954) 946-8130 for a free telephone consultation with a Florida lawyer about your unpaid overtime and minimum wage claim.

Some recent court cases are liberalizing the application of overtime wage violations law (FLSA) to both documented and undocumented foreign workers. So, regardless of your immigration status, the FLSA laws for overtime and minimum wages may apply to you. In addition to the practice of Employment Law, the Law Office of Rose H. Robbins also focuses in the area of Immigration Law and attorney Rose H. Robbins is a member of American Immigration Lawyers Association.

Retaliation under FLSA

old adding machineWe can help you analyze your situation to see if you have a case. Please contact our office for a free telephone or email to info at FLWageLawyers dot com. We look forward to hearing from you.

Tel: (954) 946-8130
Email: info at FLWageLawyers dot com
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Does FLSA protection apply to undocumented aliens without work authorization?

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Call (954) 946-8130 for a free telephone consultation with a Florida lawyer with immigration law experience about your unpaid overtime and minimum wage claim.

Are aliens without employment authorization entitled to FLSA protection?

Yes. Aliens withoutemployment authorization are nevertheless entitled to federal employment protection. Patel v. Quality Inn South, 846 F.2d 700 (11th Cir. 1988), cert, denied, 109 S.Ct. 1120 (1989)   [Entitlement to FLSA protection]; Matter of Reyes, 814 F.2d 168 (5th Cir. 1987)- [In FSLA/MASAWPA case, plaintiffs did not have to divulge their alienage as documented/undocumented or their citizenship, as those matters were irrelevant in regard to recovery]; Antenor v. D&S Farms, 88 F.3d 925 (11th Cir. 1996)  [Growers are joint employers with labor contractors for purposes of FLSA and AWPA].

Do pre-employment expenses go to into the calculation of the minimum wage?

Yes. FLSA protection extends to paying for farmworkers transportation to the U.S., for visa and immigration fees, and for pre-employment expenses which primarily benefit the growers. Arriaga v. Florida Pacific Farms, LLC, 305 F.3d 1228 (11th Cir. 2002);  Martinez-Bautista v. D & S Produce, 447 F.Supp.2d 954, 963-64 (E.D. Ark. 2006) [Farmworkers entitled to pre-employment expenses including transportation costs and visas which should go into the calculation of the minimum wage].

Does FLSA protection include protection from retaliation?

Yes. FLSA protection also includes protection from retaliation. Contreras v. Corinthian Vigor Insurance Brokerage, Inc., 103 F.Supp.2d 1180 (N.D. Cal. 2000),  reported in 11 Interpreter Releases 1158-60 (Aug. 14, 2000).

Do FLSA claims remain post-Hoffman?

 Yes. FLSA claims remain post – Hoffman Plastic. Zavala v. Wal-Mart Stores, Inc., 393 F.Supp.2d 295, 320-32 (D.N.J. 2005) [Hoffman Plastics does not bar FLSA claim by undocumented janitors]; Flores v. Amigon, 233 F.Supp.2d 462 (E.D.N.Y. 2002) [Refused discovery request regarding employee’s immigration status because it is not relevant to back wage claim for violation of FLSA]; Singh v. Jutla & CD. & R’s Oil, Inc., 214 F.Supp.2d 1056 (N.D. Cal. 2002) [Court declined to extend Hoffman to preclude a claim for retaliatory discharge based upon employer informing DHS to arrest undocumented employee]; Ulloa v. Al’s All Tree Service, Inc., 768 N.Y.S. 2d 556 (D.C. 2d 2003) [Hoffman Plastic Compounds, Inc. does not bar FLSA claim].

How does FLSA apply to detained aliens?

At least one court has found that a detained alien has no right under FLSA to receive more than $l/day paid by INS for work because s/he is not an employee, Alvarado-Guevara v. INS, 902 F.2d 394 (5th Cir. 1990), and at least one court has found that requiring persons to work at Oakdale Detention Center does not violate the Thirteenth Amendment.   Channer v. Hall, 112 F.3d 214 (5th Cir. 1997)

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You may call our law office at (954) 946-8130 to see if you have a case or please feel free to complete the form below for submission to our law firm if you would like more information about your possible employment claim.  A representative will review it and  contact you. Please allow one  business day for someone to contact you and if you do not hear back from us then  it is possible that we did not receive it. This is a FREE consultation and you will not be charged for this call. Also please be advised that, merely by submitting this form, no Attorney-Client relationship is formed with the law firm.  The ONLY way that an Attorney-Client relationship with  the Law Office of Rose H. Robbins is formed is by specifically written  agreement signed by you and the Law Office of Rose H. Robbins.  You must provide your name,  home  or cell phone number and your zip code and all remaining fields are optional.

Overtime and Wage Cases Filed Across The Country By Other Law Firms And The Government

This post is intended to provide you with information about overtime and wage cases filed throughout the country by other law firms and the government. It serves to give you an idea of the types of issues which are currently being litigated by employment lawyers as well as those which have been “settled.”

As a courtesy to you, we are providing the court name, case number and date filed to facilitate your search for it on the federal PACER website. Current information regarding case status, parties and attorneys is available on PACER to anyone who opens an account with them.

Please also note that some cases we report on were initiated by the Department of Labor and then settled  without having been filed in Federal Court and thus will not be available on the PACER website. For these cases we generally provide a brief summary of the findings and results.

*Barton G, Inc. see information

*Exceptional Enterprises, Inc. see information

*King’s Daughters and Sons Home see information

*Matthew Ripley v. Sunoco Inc see information

*Ramos v. Baldor Specialty Foods Inc.  see information

*Semafor Technologies LLC see information

*Solis v. 1st National Leasing Inc. see information

*Solis v. Franchise Equity Group Inc see information

*SVK Systems, Inc. see information

This post is intended to provide you with information about overtime and wage cases filed throughout the country by other law firms and the government. It serves to give you an idea of the types of issues which are currently being litigated by employment lawyers as well as those which have been “settled.”

As a courtesy to you, we are providing the court name, case number and date filed to facilitate your search for it on the federal PACER website. Current information regarding case status, parties and attorneys is available on PACER to anyone who opens an account with them.

Please also note that some cases we report on were initiated by the Department of Labor and then settled  without having been filed in Federal Court and thus will not be available on the PACER website. For these cases we generally provide a brief summary of the findings and results.

Please feel free to complete the form below for submission to our law firm if you would like more information about your possible employment claim.  A representative will review it and  contact you. Please allow one  business day for someone to contact you and if you do not hear back from us then  it is possible that we did not receive it. This is a FREE consultation and you will not be charged for this call. Also please be advised that, merely by submitting this form, no Attorney-Client relationship is formed with the law firm.  The ONLY way that an Attorney-Client relationship with  the Law Office of Rose H. Robbins is formed is by specifically written  agreement signed by you and the Law Office of Rose H. Robbins.  You must provide your name,  home  or cell phone number and your zip code and all remaining fields are optional.