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Can i sue for unpaid wages and labor abuse becuase of my status in us?

Bronx, NY |

Hello , im 21 years old I Currenly worked about 8months for 260$ a week for 6days 12hrs regularly -15 hrs a day on certain occasions.they promised me a raise , ive waited 4months.i was thee cooker,delivery,stock,janitor all in one.

*currently filing for greencard thru parent sponsor

*new york city

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Attorney answers 4


Clearly it is below minimum wage and after 40 hours you are entitled to time and a half. If it is a 72 hour week, the 32 hours above the 40 would be time and a half one an additional 48 hours over the 40 for a total of 88 hour week. Consult with an attorney that has FLSA, fair labor standards act, experience. Questionable what laws apply based upon your immigration status and whether you are allowed to work. FLSA cases allow legal fees and double pay for violations.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


Yes. The courts in New York have decided that you must be paid minimum wage and overtime even if you do not have a green card to work. The attorneys for your boss will not be permitted to ask about your status or mention it to the judge. You will not be required to reveal it either.


I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


Yes, you absolutely can abd should sue to recover wages. From what you have described, the employer has takem advantage of you in wsys the laws prohibit.

Make sure you work with a lawyer who knows the law about this in and out. In litigation the other side should not even be able to ASK about your immigration status, much less use it against you in any way. I would be happy to speak with you about this issue. Call or email me any time. All inquiries are free and confidential.

This is not legal advice. Consult with a lawyer about your particular situation.