Undocumented Workers May Sue Using The FLSA

A federal district judge in Miami has ruled that undocumented aliens working in this country have the same right to file court claims for overtime compensation and liquidated damages under the Fair Labor Standards Act (FLSA) as workers who are in this country legally. Galdames, et al. v. N & D Investment Corp., No. 08-cv-20472-MGC, 21 Fla. L. Weekly Fed. D529a (S.D. Fla. 2008).

Rejecting an employer’s request for summary judgment, United States District Judge Marcia G. Cooke said the employer’s contention that two of its former employees who sued the company “are illegal immigrants and therefore [are] 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.

Plaintiffs Jacqueline Galdames and Guillermo Osorio worked for a Miami commercial laundry business called “Mr. Clean Laundry,” where their work duties included washing, drying, pressing, and folding linens and clothing.  They sued their former employer for overtime pay and liquidated damages.