overtime lawsuit from New York emphasized the fact that citizenship status does not affect
whether workers are protected by the Fair Labor Standards Act (FLSA) and
entitled to overtime pay. The case looked at whether it’s okay to
pay workers a set rate per day, rather than an hourly rate. The answer
depends in part on if the workers are required to work more than 8 hours
in a day, if they receive overtime compensation and if their pay meets
minimum wage requirements. Whether the worker is an illegal alien does
not affect his or her right to fair pay.
If you have questions regarding your paycheck and if your employer is paying
you all the wages you are entitled to, it’s a good idea to meet
with an experienced
Atlanta wage and hour attorney. A knowledgeable wage and hour lawyer can review your pay stubs talk about
your work situation, and help you determine your next steps.
The New York case involved a nail salon that paid its workers a set rate
of pay for each day worked, regardless of how many hours worked. The employees
often ended up working more than 40 hours per week without receiving overtime
pay. Under the federal labor law (the Fair Labor Standards Act [FLSA]),
non-exempt employees must be paid overtime compensation at a rate of 1
and ½ times their regular rate of pay for hours worked over 40
hours in any workweek. The nail salon also failed to keep records of employees’
pay and hours as required by law.
The nail salon claimed that many of the employees were illegal aliens,
so they didn’t have to follow overtime pay laws. However the court
rejected this argument, stating, “By its terms, the FLSA applies
to ‘any individual’ employed by an employer … The Act
contains no exception or exclusion for persons who are not U.S. citizens
or who are in this country illegally.”
Courts have long said the FLSA protects all employees from abuse, regardless
of immigration status.
As a result, the court required the salon to pay its employees back pay.
For more information or if you have questions about your pay, please contact the top
Georgia overtime pay lawyers The Buckley Law Firm, LLC for an immediate consultation.