The Higher Ed Workplace Blog

Test Your HR Legal Knowledge: FLSA

test-your-hr-legal-knowledge-CUPA-HRAre you an HR legal expert? Here’s a real court case to help test your HR legal knowledge. Review the facts of the case, tell us which side you think prevailed, and find out if you’re right!

The Case: FLSA and Undocumented Aliens – Lamonica v. Safe Hurricane Shutters, Inc. (11th Cir. No. 11-15743, 3/6/13)

The Facts:

  • Plaintiff was an undocumented alien, not entitled to work in the U.S. and used a fake social security number in his work application
  • Plaintiff failed to report any income to the IRS
  • Plaintiff alleged he was routinely denied overtime in violation of the FLSA and other minimum wage laws
  • Defendants argued “in paridelicto” a plaintiff who participates in wrongdoing may not profit from the wrongdoing, and therefore plaintiff should be barred from FLSA recovery

The Question: May an illegal immigrant who lacked authorization to work in the U.S., who also failed to report earnings to the IRS, maintain an FLSA action in federal court alleging failure to pay minimum wages and overtime?

Yes No

Interested in learning more about employment law or FLSA? Check out these resources from CUPA-HR:

To explore the latest HR-related court cases and rulings, plan to join us for the Legal Update Super Session presented by CUPA-HR General Counsel Ira Shepard at the CUPA-HR Annual Conference and Expo 2014, September 28-30 in San Antonio, Texas.