Eighth Circuit: Undocumented Restaurant Workers were Entitled to FLSA Protection
2 min read
Jul 30, 2013
—In a decision issued on July 29, 2013, the Eighth Circuit Court of Appeals became the second federal circuit to find that the Fair Labor Standards Act’s minimum wage protections extend to undocumented workers, such that those workers can file wage claims and recover damages. Addressing the issue in the shadow of a 2002 U.S. Supreme Court decision that denied similar awards for back pay to undocumented workers under the National Labor Relations Act, the panel of Eighth Circuit judges refused to extend that case’s reasoning. “The FLSA does not allow employers to exploit any employee’s immigration status,” the judges concluded, “or to profit from hiring unauthorized aliens in violation of federal law.”
The case, Lucas v. Jerusalem Café, LLC, Case No. 12-2170 (8th Cir. July 29, 2013), stemmed from a restaurant’s employment of six undocumented workers between 2007 and 2010. The workers were paid a set weekly amount regardless of hours worked, such that employees were effectively paid as little as $3.90 per hour. After relations soured between the owners and the undocumented workers, they filed suit seeking unpaid FLSA wages. Rejecting the employer’s “fantastic story” that the workers were “volunteers” during their three years of work, a jury awarded the workers over $440,000 in wages, damages, and fees. The employer appealed the verdict to the Eighth Circuit, arguing that the verdict should be set aside on the theory that “the FLSA does not apply to employers who illegally hire unauthorized aliens.”
The Eighth Circuit dismissed the appeal and affirmed the jury’s award. Noting at the outset that the FLSA’s definition of “employee” is “the broadest … that has ever been included in any one act,” the panel found “[no] indication that Congress meant to exclude unauthorized aliens” from that definition. The employer, in an attempt to avoid the panel’s “plain language” conclusion, pointed to the U.S. Supreme Court’s decision in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), arguing that Hoffman indicated that Congress, by enacting Immigration Reform and Control Act of 1986 (IRCA), had “implicitly amended the FLSA to exclude unauthorized aliens.” The Eighth Circuit denied that argument, finding that Hoffman did not stand for such a broad proposition and, further, that Congress’ intent when enacting the IRCA was actually consistent with the FLSA’s definition of “employee”. “The IRCA unambiguously prohibits hiring unauthorized aliens,” the panel concluded, “and the FLSA unambiguously requires that any unauthorized aliens—hired in violation of federal immigration law—be paid minimum and overtime wages. The IRCA and FLSA together promote dignified employment conditions for those working in this country, regardless of immigration status, while firmly discouraging the employment of individuals who lack work authorization.”
This decision is a significant one for employers, and particularly underscores the importance of maintaining proper wage and hours policies for all workers. Now that two federal circuits — the Eighth and the Eleventh — have firmly come down on the side of awarding FLSA wages to undocumented workers, other courts can be expected to follow suit. As a result, employers who feel that they have no obligation to provide unpaid FLSA wages to an employee who is discovered to be working illegally will be sorely mistaken — all employees, even undocumented ones, can file claims and recover wages under the FLSA.
Topics
Featured Insights

Press Release
Aug 7, 2026
Daniel McGrath Re-Elected Senior Director of the Federation of Defense & Corporate Counsel

Insights for Insurers Alert
Aug 7, 2026
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims

Press Release
Aug 6, 2026
Charles Townsend Named a Best Mentor Finalist in the 2026 ALM Texas Legal Awards

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology
