Twelve Common Errors in Overtime Pay: Undocumented Workers

Kevin D. Fitzpatrick, Jr. : March 4, 2012 1:06 pm 

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping and youth employment standards for workers in the private sector and government.  Covered non-exempt workers are entitled to overtime pay of at least 1.5 times regular pay if they work more than 40 hours per week. 

Another common problem area: 

5. Undocumented workers 

Anyone who performs non-exempt work is covered by the FLSA.  Many employers in Atlanta hire undocumented workers (e.g., as dishwashers, cooks, maids, landscapers, fabricators, etc.) and fail to pay them the FLSA minimum wage, overtime or both.  The courts are not hesitant to require employers to pay undocumented workers according to the FLSA.  We have successfully pursued dozens of minimum wage and overtime cases for undocumented workers. 

If you are an employer or an employee and have questions about the Fair Labor Standards Act, call the FLSA experts at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, Charles Bridgers and Kevin Fitzpatrick, at (404) 979-3150 for a free consultation.  For more information, check out our publication,  Are You Entitled to Overtime Pay?