Immigration Status Irrelevant In FLSA Suit: Judge

Law360, New York (March 29, 2011, 8:53 PM EDT) -- The immigration status of two restaurant workers is irrelevant to whether they can represent a class seeking unpaid wages and overtime compensation from their former employer, a Massachusetts federal judge ruled on March 23.

Judge George A. O’Toole Jr. of the U.S. District Court for the District of Massachusetts decided that courts do not have discretion to deny an award of damages under the Fair Labor Standards Act, regardless of the immigration status of the plaintiffs.

“If a plaintiff makes out an FLSA case, he is...
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