Immigration Status Is Still Irrelevant To Overtime Pay Claims

Recently, the Department of Labor obtained a decision from a federal court in New York in Solis vs. Cindy’s Total Care, Inc. in which the Court ruled that evidence of immigration status was irrelevant to employees’ claims for overtime pay under the Fair Labor Standards Act (“FLSA”). In particular, the Cour held that, “The Act contains no exception or exclusion for persons who are not U.S. citizens or who are in this country illegally.”

While this is not the first decision in which a Court determined that immigration status was irrelevant, this decision can be seen as part of a growing trend towards focusing on the “real” issues in FLSA cases and not allowing employers to get away with wage theft.

Recently the Department of Labor obtained a judgment against Cindy’s to recover $236,000 in back wages and penalties.

The FairLaw Firm stays current on decisions involving overtime wages, minimum wages, and unpaid wages in order to help employees combat wage theft. For a free consultation, call the FairLaw Firm at (305) 230-4884 or click here for a free case evaluation.

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