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Undocumented workers and overtime pay

Immigration issues are hot as ever these days, and it is not always easy to know what rights undocumented workers should expect, especially in an area like Arizona. While many unsavory attitudes towards undocumented workers do exist, the law is still clear that undocumented workers can expect many of the same protections that other workers enjoy, even rights that are sometimes difficult to enforce, like overtime pay.

If an undocumented worker is not paid proper overtime, he or she may have grounds to invoke the Fair Labor Standards Act (FLSA). Under the FLSA, undocumented workers generally have grounds to claim proper overtime pay like other workers. However, the practical reality of the matter is often different than a dry reading of the law. Many workers may fear that if they step out of line or speak up against unfair practices in the workplace, they may simply be out of a job, or worse, get deported.

These concerns are very real, and many undocumented workers face daily concerns that immigration officials may show up to deport them if they stick their necks out to stand up for justice in the workplace. This very real threat is why it is important to consider the protections that proper legal representation can offer.

With the guidance of an experienced attorney, an undocumented immigrant can understand the laws that govern fair work practices and set up additional protections to ensure that they have the tools to seek justice without fearing for their livelihood and home.

Be sure that you have all the protections you need before pursuing back pay for unpaid overtime from an employer. With professional guidance, you can build a strong claim and keep your rights and loved ones protected while you fight for justice.

Source: Huffington Post, "Undocumented Employee Rights – 5 Things to Know," Allan Smith, accessed Feb. 02, 2018

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