Overtime Suit Under FLSA by Undocumented Workers in Miami
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Thursday, February 26, 2009 |
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A federal judge in Florida has ruled that undocumented aliens working in this country have the right to file court claims for overtime compensation and liquidated damages under the Fair Labor Standards Act.
Galdames v. N & D Investment Corp.(S.D. Fla. 2008).
Judge Marcia G. Cooke said the employer's contention that two of its former employees who sued the company "are illegal immigrants and therefore not entitled to FLSA protections" was wrong.
The federal Fair Labor Standards Act requires employers to pay one-and-a-half times the regular hourly pay rate to non-exempt employees for hours worked in excess of 40 in any workweek.
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