An Employee’s Immigration Status is Irrelevant to FLSA Rights
There are many reported instances where an employer tries to use an employee’s immigration status as justification for withholding wages. In those cases, the employer has argued that unauthorized aliens lack standing in the courts to sue for their unpaid wages.
Last week, the U.S. Court of Appeals for the Eight Circuit issued a ruling in the case of Lucas v. Jerusalem Café et al. that the federal Fair Labor Standards Act “does not allow employers to exploit any employee’s immigration status or to profit from hiring unauthorized aliens in violation of federal law.”
As an employee, federal and state laws provide you with protection against an employer’s attempts to exploit your immigration status. If your employer is withholding your wages and requesting documentation or other information related to your immigration status, please contact one of our experienced employment law attorneys to discuss your situation.
You have rights, and we’re here to help you enforce them.
Kevin Stoops is an experienced trial attorney who appears frequently in Michigan state courts and federal courts across the United States, representing clients in complex business litigation. He has vast experience and a track record of successful outcomes high-dollar matters involving trade secret, business tort, intellectual property, executive employment, and class action claims.
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