A recent overtime lawsuit from New York emphasized the fact that citizenship status does not affect whether workers are protected by the Fair Labor Standards Act (FLSA) and entitled to overtime pay. The case looked at whether it’s okay to pay workers a set rate per day, rather than an hourly rate. The answer depends in part on if the workers are required to work more than 8 hours in a day, if they receive overtime compensation and if their pay meets minimum wage requirements. Whether the worker is an illegal alien does not affect his or her right to fair pay.
If you have questions regarding your paycheck and if your employer is paying you all the wages you are entitled to, it’s a good idea to meet with an experienced Atlanta wage and hour attorney. A knowledgeable wage and hour lawyer can review your pay stubs talk about your work situation, and help you determine your next steps.
The New York case involved a nail salon that paid its workers a set rate of pay for each day worked, regardless of how many hours worked. The employees often ended up working more than 40 hours per week without receiving overtime pay. Under the federal labor law (the Fair Labor Standards Act [FLSA]), non-exempt employees must be paid overtime compensation at a rate of 1 and ½ times their regular rate of pay for hours worked over 40 hours in any workweek. The nail salon also failed to keep records of employees’ pay and hours as required by law.