illegal aliens

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) roserobbins.com   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.

John and Anthony Cimino, owners of LTCI, Limited, a theatre refurbishing construction company, were sentenced for unlawful employment of illegal aliens and tax evasion.

Syracuse, NY— United States Attorney, Richard S. Hartunian, announced that John Cimino, age 55, of Doylestown, PA, Vice-President of LTCI, Limited, was sentenced yesterday in United States District Court to six months home confinement, twelve weekends in a residential reentry center, and three years of supervised release for tax evasion and conspiracy to conceal, harbor, and shield illegal aliens from detection for commercial advantage and private financial gain. Anthony Cimino, age 57, of West New Hope, PA, President of LTCI, Limited, was sentenced to six months home confinement and three years supervised release for conspiracy to conceal, harbor, and shield illegal aliens from detection for commercial advantage and private financial gain. “Homeland Security Investigations is committed to holding businesses accountable when they knowingly hire an illegal workforce,” said Nick DiNicola, assistant special agent in charge of HSI Albany, NY. “Employers who willfully violate our nation’s hiring laws gain an unfair economic advantage over their law abiding competitors. Our goal is to protect job opportunities for the nation’s legal workers and level the playing field for those businesses that play by the rules.”

In April 2008, agents from the U.S. Immigration and Custom’s Enforcement (ICE), Homeland Security Investigations, discovered that LTCI, Limited, a Philadelphia based construction company specializing in the refurbishment of movie theaters, was employing undocumented illegal aliens at their worksite located at the Shoppingtown Mall movie theaters in DeWitt, NY. The investigation revealed that LTCI had hired and employed eight illegal aliens at this site.

A further investigation conducted by agents from the Internal Revenue Service-Criminal Investigation Division (IRS-CID), revealed that during 2007 and 2008, LTCI’s Vice President, John Cimino, who was in charge of the company’s payroll, evaded federal tax owed on the Employer’s Quarterly Federal Tax Return (Form 941) by paying his employees (both legal and illegal) a majority of their overtime wages “off the books.”

In addition to home confinement and supervised release, United States District Court Judge David N. Hurd imposed a fine of $20,000 on each defendant. The Ciminos forfeited $223,000 to the United States as proceeds from the unlawful employment of the illegal aliens. Additionally, the Ciminos paid $622,492 for under-reported payroll taxes owed, which included $225,000 in penalties.