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Are Undocumented Workers entitled to Minimum Wage and Overtime Pay? Yes. Contrary to what many unethical employers believe, undocumented workers are protected by the Fair Labor Standards Act (FLSA) and entitled to back wages and earned overtime pay. As a result, if you worked for an employer who paid you less than minimum wage, or was not paid overtime for hours worked, you may be entitled to back pay. Your employer cannot refuse to pay you because of your immigration status or raise that as a defense in your claim. If employers did not have to pay undocumented workers, undocumented workers would be subject to even more abuses in the workplace. It is important to recognize that undocumented workers have the right to be paid the legal minimum wage and overtime rates. In New York State, the current minimum wage is $7.25 per hour and eligible workers are entitled overtime pay (1.5 times your hourly rate) for all hours worked over 40 hours in a work week.

Do not let your employer bully you. It is illegal for an employer to retaliate against you for bringing a claim under the federal and state labor and anti-discrimination laws. Do not let your employer take advantage of you and not pay you for your hard earned wages. You are not alone — call now to speak with our Experienced Overtime Pay Lawyers who can help fight for you at (800) 893-9645.


Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

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