Court Confirms Undocumented Workers FLSA Right to Sue

August 20, 2013 by Vishtasp Soroushian

The following is a recap of Lucas v. Jerusalem Café, LLC, for those seeking more information in areas of employment law.

On July 29, 2013, in Lucas v. Jerusalem Café, LLC, the Eighth Circuit joined the Eleventh Circuit as the second federal appellate court to hold that undocumented workers may sue employers under the federal Fair Labor Standards Act (“FLSA”) for wage and hour violations.

For almost three years, the plaintiffs worked without employment authorization, did not receive the minimum wage and were paid fixed weekly rates in cash regardless of overtime worked.  The Eighth Circuit affirmed the district court’s award of over $280,000 in actual and liquidated damages and about $157,000 in legal fees and expenses.

Although the Lucas court’s interpretation of the FLSA has no direct bearing California state law, undocumented workers are still protected by California wage & hour laws.

Pursuant to state legislation and the Department of Industrial Relations’ (“Labor Commissioner”) current policy, undocumented immigrants enjoy the same employment protections, rights, and remedies under state law as documented workers – except to the extent any reinstatement remedy is prohibited by federal law.  This includes the right to receive a minimum wage, earn overtime pay with some exceptions, file wage claims with the Labor Commissioner, file workplace safety and health claims with Cal/OSHA, and work in an environment free from retaliation for exercising these rights. (http://www.dir.ca.gov/QAundoc.html)  As noted by one court, “if an employer hires an undocumented worker, the employer will also bear the burden of complying with this state’s wage, hour and workers’ compensation laws.” If in need of assistance in employment law related issues, please contact Beeson, Tayer & Bodine. We have a law firm office in Oakland and a law firm office in Sacramento.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.