Employees Entitled to Recover Unpaid Wages, Regardless of Immigration Status

Just because an employee does not report income to the IRS or used a fake Social Security card to get his job does not mean an employer can deprive the employee of overtime pay, says the 11th Circuit Court of Appeals. 

In this case, hurricane shutter installers filed suit against their employer, claiming that they were denied overtime wages in violation of the Fair Labor Standards Act (FLSA). The case proceeded to a jury trial, and the employees were awarded lost wages, as well as liquidated damages. The employer filed a motion for a new trial, which was denied. The employer appealed.  

The Eleventh Circuit Court of Appeals upheld the jury’s verdict and the trial court’s award of liquidated damages. The Court rejected the employer's arguments that the employees could not recover damages because they were wrongdoers because they were not lawfully authorized to work in the United States and utilized fraudulent work authorization documentation, or because they failed to report their income to the Internal Revenue Service. In prior cases, the Court had determined that undocumented aliens are “employees” who may recover unpaid wages under the FLSA. Relying on its prior opinions, the Court reiterated that an employee’s ability to recover unpaid wages for work already performed does not depend on one’s immigration status. The employer is ultimately required to comply with FLSA, regardless.   

Failure to timely and properly pay employees wages for work performed can lead to a host of damages and penalties under both state and federal law.