Do you need to be a U.S. Citizen to collect unpaid overtime and minimum wage?

If you are not a Citizen of the United States, you are still protected from being cheated out of your overtime and minimum wage. This includes the scenario where your employer cheats you out of your paycheck. For example, if you worked over 40 hours a week for two weeks and your employer decides not to pay you, they violated the overtime law and minimum wage law. After all, it’s illegal to pay someone zero to work for you. Some employers will try to threaten the undocumented worker or claim that they can’t do anything about it since they don’t have papers or don’t have Citizenship. This is simply not true.

The overtime law protects undocumented workers

The Fair Labor Standards Act (FLSA) protects all workers from being cheated out of overtime and minimum wage. This law protects undocumented workers. The Department of Labor (DOL) interprets the FLSA to cover undocumented workers.

violation. VII discrimination claim (42 U.S.C. § 2000e-2(a)(1)) and a False Claims Act (FCA) retaliation claim (31 U.S.C. § 3730(h)) brought by an alien who was working abroad for a U. S. employer. Id. The court held that principles of extraterritoriality barred  [**16] the plaintiff’s Title VII discrimination claim. Id. at 68-69. However, the court did not have such extraterritoriality concerns with respect to the plaintiff’s retaliation claim when, after notifying his supervisors in the U.S. of violations of the FCA, plaintiff was subsequently denied reemployment. Id. at 71-72. The court concluded that “the genesis  [*1372]  of the FCA whistleblower claim is the disclosure of the misappropriation of government funds and the subsequent retaliation for such disclosure, conduct that occurred within the United States.” Id. at 72. Because the “crux of the inappropriate conduct” occurred in the U.S., extraterritoriality was not an issue. Id. at 72, n. 14.

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