News & Analysis as of

Fair Labor Standards Act (FLSA) Undocumented Immigrants

Jackson Lewis P.C.

Dealing With Undocumented Workers In ERISA Plans

Jackson Lewis P.C. on

Whether because of the tight U.S. labor market or flawed onboarding processes, many undocumented workers are becoming participants and accruing benefits in ERISA-governed employee benefit plans. Dealing with such plan...more

Clark Hill PLC

Window On Washington - Vol. 3, Issue 16

Clark Hill PLC on

Outlook for This Week in the Nation's Capital - Congress. After a frantic first three months, the House and Senate have now adjourned for a much needed two week recess, with many questions remaining on how various...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Mintz - Immigration Viewpoints

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

Mintz - Employment, Labor & Benefits...

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

Franczek P.C.

Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award

Franczek P.C. on

In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to...more

Fisher Phillips

Will The President's Immigration Initiative Spur FLSA Claims?

Fisher Phillips on

Lurking among the numerous considerations raised by President Obama's "immigration accountability" initiative are the prospects that this action will result in more allegations by or on behalf of the affected individuals that...more

Bradley Arant Boult Cummings LLP

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Lets Two FLSA Rulings Stand: Yes on Personal Liability and Undocumented Workers’ Standing to Sue

Last week, the Supreme Court of the United States decided that it would not review two wage and hour cases. The first, Catsimatidis v. Irizarry, which was resolved through a settlement agreement, considered whether an...more

Epstein Becker & Green

Immigration Alert: January 2014

I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Aug 13, 2013

EEOC Targets Cancer Discrimination - Filing two new lawsuits, the Equal Employment Opportunity Commission is cracking down on employers allegedly discriminating against workers with cancer. In Oklahoma the...more

FordHarrison

Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

FordHarrison on

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What Do Undocumented Workers, Al Capone, and the Jerusalem Cafe Have in Common?

The answer is “nothing really,” but the Eighth Circuit Court of Appeals successfully searched Al Capone’s vault to unearth the comparison in its recent opinion in Lucas v. Jerusalem Cafe, LLC....more

Fisher Phillips

Unauthorized Alien Workers Recover FLSA Wages

Fisher Phillips on

Two federal appellate courts have ruled this year that, as one of them put it, "aliens, authorized to work or not, may recover unpaid and underpaid wages under the [federal Fair Labor Standards Act]."...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Akerman LLP

Eleventh Circuit Weighs in On Several Important FLSA Issues

Akerman LLP on

The Eleventh Circuit Court of Appeals has issued an opinion that has significant implications for employers and employees alleging violations of the Fair Labor Standards Act ("FLSA"). Lamonica, et al. v. Safe Hurricane...more

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