Illegal alien workers can sue for unpaid overtime pay says Court

The Department of Labor sued a nail care and  salon  located on  Manhattan’s Upper West Side for failing to pay their workers overtime wages for hours worked in excess of 40 per week. The company sought to use the fact that  Its employees were illegal aliens to show that they were not covered by the Fair Labor Standards Act. The Court ruled that FLSA applies to “any individual” employee and contains no exception or exclusion for persons who are not U.S. citizens or who are in this country illegally. Furthermore, this is not new and other courts have uniformly come to the same conclusion. In addition, the purpose of this view is to prevent the payment of substandard wages from being used as “an unfair method of competition” against law-abiding competitors. 20 U.S.C. § 202(a)(3).  Solis-v.-Cindys-Total-Care-Order

These kinds of lawsuits may also be brought by a private law firm such as the Law Office of Rose H. Robbins and FLSA provides for attorneys fees and costs to be paid by the employer.

Our firm will prosecute class  and collective actions on behalf of aggrieved employees. We will undertake any litigation arising from this investigation on a contingent fee basis. If a lawsuit is filed as a result of this investigation, we will only seek payment of any fees from recovery generated by the lawsuit. This means any fee we receive will be paid by the defendant or out of any settlement or judgment recovered.  Likewise, all costs will be advanced by us. If an action is filed and not successful, you would not be responsible for any of our fees or costs. If you wish to discuss this investigation and any potential legal options you may have, or if you have any questions please contact our law office.

You may contact the Law Offices of Rose H. Robbins for a free consultation to see if you have a case for unpaid overtime or minimum wages by calling (954) 946-8130 or by filling out the confidential “contact us” form below which will arrive at our law offices instantly. You may email us too: rose (at)   If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties.