Photo of the attorneys of Costello, Mains and Silverman, LLC

Advocates for NJ and PA
Workers & Their Families

Partners and Counsel of Costello, Mains & Silverman, LLC
  1. Home
  2.  » 
  3. Employee Rights
  4.  » Are undocumented workers guaranteed overtime pay?

Are undocumented workers guaranteed overtime pay?

On Behalf of | Feb 2, 2018 | Employee Rights |

Undocumented workers face numerous setbacks when it comes to protecting their rights and receiving fair treatment. In addition to the complex attitudes surrounding immigrations and undocumented workers in New Jersey and throughout the country, undocumented workers often face language barriers and other setbacks like the fear of deportation that make it much more difficult to defend their rights as employees.

However, undocumented workers do enjoy many of the same protections that citizens and documented immigrants enjoy, including the right to overtime pay, under the Fair Labor Standards Act (FLSA). However, the reality of the matter is that many undocumented workers live in ongoing fear that their immigration status places a giant target on their back, and this may keep them from speaking up for fair treatment, or even knowing what protections they may deserve.

Under the current law, undocumented workers do deserve overtime pay, just like many other workers. As attitudes surrounding undocumented immigrants continues to change, it is important to fight for fair treatment of all workers, to create more just workplaces for all people.

If you or someone you love deserves back pay for unpaid overtime, it is important to make sure that you have all the guidance you need to use the law to protect you and your rights. An experienced attorney can help you understand these complex issues and develop a plan that protects you and fights for fair payment for the work you’ve already done and have yet to accomplish. You deserve fair pay for good work, no matter what documentation you may or may not possess, so don’t wait to begin fighting for fair treatment at your workplace.

Source: Huffington Post, “Undocumented Employee Rights – 5 Things to Know,” Allan Smith, accessed Feb. 02, 2018