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Monday, December 13, 2021

NJ Wage Payment Attorney- I’m Not Paid Minimum Wage-Employers Exploit Employees Based on Immigration Status

Some employers exploit their employees based on their immigration status. Many of these workers are prevented or manipulated from asserting workplace rights for fear of retaliation. If one worker complains and then is suspended or fired in retaliation, the termination sends a chilling message to all the other exploited workers to remain silent. Laws in general prohibit employers from retaliating against immigrant workers for exercising their workplace rights regardless of the workers' immigration status. NJ state laws and Federal agencies seek to protect all workers from employer violations regardless of immigration status. Although the employers themselves are breaking the law, they will threaten certain employees and exploit their immigration status to discourage them from asserting their rights. All workers have certain rights. All employers have certain obligations to all employees.                            

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime protections for many US workers. The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor. 

Are workers who lack work authorization entitled to minimum wages and overtime pay for hours worked under the FLSA to the same extent as other workers?  

Yes. Workers lacking work authorization are entitled to minimum wages and overtime pay for hours worked under the FLSA to the same extent as other workers

Under the FMLA and other laws it is unlawful for an employer to terminate or in any other manner discriminate against workers in retaliation for their asserting minimum wage or overtime claims. These claims can include pay issues such as paycheck deductions or tips.

A worker is always entitled to pay for work actually performed, regardless of immigration status. These protections apply regardless of immigration status. Employers may scare workers, telling them they will report them to it immigration authorities if they demand minimum wage and overtime pay to which they are entitled or for demanding payment for work including overtime work,  that they already performed. Such retaliation is illegal, however some remedies for certain illegal acts of retaliation may be limited for workers without work authorization.   

If you quit, If You Have Been Suspended, Had Your Hours Slashed, or Were Terminated or Threatened with Termination

If you have been suspended, had your hours slashed, or were terminated or threatened with termination for demanding wage and overtime pay for which you are entitled, contact Hope A. Lang, Attorney at Law today for a free consultation.

Hope A. Lang, Attorney at Law serves clients throughout New Jersey, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in southern, central, western and northern NJ to meet with clients.


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