The Federal District Court of Florida just ruled in Galdames v. N&D Investment Corp., that undocumented workers are entitled to the same protections of the federal overtime laws as those workers who are in the United States legally. Specifically, the Court held that “Defendants argument that Jaqueline Galdames and Guillermo Osorio are illegal aliens not entitled to the FLSA protections and remedies sought, necessarily fails.” The Florida ruling brings their district in line with the 11th Circuit which held that “undocumented workers are ’employees’ within the meaning of the FLSA and … such workers can bring an action under the act for unpaid wages and liquidated damages,” ”
This ruling shouldn’t surprise anyone. Employers who take advantage of undocumented workers must still pay for the work. And, in time, every court in the country will recognize it.