Understanding your rights as a worker in the United States is important, regardless of your immigration status. The Fair Labor Standards Act (FLSA) provides protections and guidelines for overtime pay. Knowing how the FLSA addresses overtime pay for undocumented workers can help you understand what actions you can take if you have not been paid the overtime you deserve.
Overtime pay under the FLSA
Employees must receive overtime pay at a rate of one and a half times their regular pay for any hours they work over 40 in a workweek. This rule applies to all employees, regardless of their immigration status. In Illinois, undocumented workers have the same overtime protections as other workers. Employers cannot use immigration status as a reason to deny rightful pay.
Rights and protections
Illinois law reinforces the FLSA’s protections, ensuring all workers get fair pay for their labor. Undocumented workers should receive overtime pay without fearing retaliation or deportation. Illinois law enforces these rights and penalizes employers who violate these laws.
Actions for unpaid overtime
If you have not received the overtime pay you are due, document your hours worked and the pay you received to support your claim. You can file a complaint with the Illinois Department of Labor or the Wage and Hour Division of the U.S. Department of Labor, which will investigate and help you recover unpaid wages. Labor rights organizations and legal aid groups, such as the National Employment Law Project (NELP), can provide guidance and legal assistance.
Understanding your rights under the FLSA and Illinois law is important. By taking these steps and seeking support, you can address unpaid overtime issues and ensure fair treatment.
