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Can undocumented workers join class-action lawsuits for unpaid wages?

On Behalf of | Oct 16, 2024 | Wage & Hour Laws

Undocumented workers face significant challenges when they fight for their rights in the workplace. However, when employers fail to pay fair wages, these workers may wonder if they can join class-action lawsuits for unpaid wages. Understanding their rights is crucial to protecting themselves from exploitation.

Rights of undocumented workers

In the United States, undocumented workers have the right to receive fair pay for their labor. Wage laws, including the Fair Labor Standards Act (FLSA), cover all workers, regardless of immigration status. Undocumented workers can legally join class-action lawsuits to recover unpaid wages, as they have the same protections as documented employees.

Barriers to joining class-action lawsuits

Despite having legal rights, undocumented workers often face barriers when joining class-action lawsuits. The fear of deportation discourages many from pursuing their claims. Employers may use threats related to immigration status to stop workers from speaking up. However, immigration status cannot serve as a legal basis against an employee in a wage-related lawsuit. Several non-profit organizations support undocumented workers and protect them from retaliation.

How undocumented workers can participate

Undocumented workers should seek legal assistance to join a class-action lawsuit for unpaid wages. Employment law attorneys experienced in wage claims provide guidance and represent undocumented workers without risking their immigration status. Lawyers protect the confidentiality of immigration status and ensure that workers’ rights remain secure throughout the process.

Undocumented workers deserve fair pay for their work. They can join class-action lawsuits for unpaid wages without fear, thanks to the legal protections available. By taking action, they hold employers accountable and help prevent the exploitation of vulnerable workers in the future.