my friend quit his job after his employer was always paying him late and asked him to work overtime then never paid for the over time even though he said he would. He quit over 3 weeks ago and his ex boss still has not paid him. He won't answer the phone, return calls, and is never at the job site when my friend tries to contact him about his pay. Is there anything we can do to report him with out my friend getting into trouble for being here illegally.
Undocumented immigrant employees must be paid on the same terms as U.S. citizens. What the employer is doing violates both federal and state wage laws, and can result in some substantial penalties.
Your friend can file a complaint with the U.S. Dept. of Labor without much fear of reprisal for being an illegal immigrant. By U.S. policy, there is very little risk for a criminal record-free immigrant to enforce his legal rights. He can also contact a local employment labor law attorney and consider filing a suit against the employer.
This answer provides general advice and should not be understood as to create an attorney-client relationship between the questioner and the responding attorney.
You can report this matter to the US Department of Labor's Wage and Hour Division. The fact that the employee is undocumented will not affect him at all. The employer, however, must be subject to the Fair Labor Standards Act. See http://www.dol.gov/whd/workers.htm
This is meant as general legal information and is not to be construed as legal advice in an attorney client relationship.
Your friend can always file suit for unpaid wages. Any judgment may be against the business assets alone. If the business fails, collection wll be difficult. Your friend should consult with a local lawyer before taking ay action himself.
The employer thinks he can get over on this undocumented worker – – he has another thing coming. Have your friend Sit down with employment law attorney in your areaHave your friend and watch the employer wiggle when the state and feds come after him.
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