U.S. DOL Affirms Undocumented Workers Are Entitled to Unpaid Minimum Wage and Overtime under FLSA
At the 11th Circuit’s sua sponte request, the U.S. Department of Labor (DOL) submitted an opinion that undocumented workers are entitled to bring claims for unpaid minimum wages and overtime under the Fair Labor Standards Act (FLSA). While the 11th Circuit’s query is troublesome, given that neither party had raised it before the court, and given that one of the leading circuit court decisions on the issue is from the 11th Circuit, it is heartening to read the DOL’s opinion:
The longstanding position of the [DOL] is that undocumented workers are entitled to minimum wages and overtime pay for hours worked under the FLSA. This Court has unequivocally sustained that position. See Patel v. Quality Inn S., 846 F.2d 700,703-06 (11th Cir. 1988), cert. denied, 489 U.S. 1011 (1989). The Supreme Court’s subsequent decision in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), did not disturb that holding…
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