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In the United States, employment laws protect the rights of workers regardless of their immigration status. However, the issue of whether an employer can refuse to pay an undocumented worker remains a complex and contentious topic.

Read on as the New York employment lawyers at The Samuel Law Firm goes into more detail on this topic.

I. Overview of Employment Laws in New York

New York State has robust laws in place to protect the rights of employees, regardless of their immigration status. The New York Labor Law and the Fair Labor Standards Act (FLSA) are two key statutes that safeguard workers from various forms of exploitation, including wage theft.

II. Wage Payment Requirements

Under the New York Labor Law, employers are obligated to pay their employees for all hours worked. This includes compensating for overtime hours, if applicable, and complying with the state's minimum wage requirements. Similarly, the FLSA mandates employers to pay their employees at least the federal minimum wage and overtime pay for hours worked beyond 40 in a workweek.

III. Immigration Status and Wage Payment

While employment laws do not specifically address the immigration status of workers, courts have consistently held that undocumented workers are entitled to receive their wages. The courts have based their decisions on the principle that immigration status should not be a factor in determining an individual's right to fair compensation for their work.

IV. Relevant Court Cases

Several court cases in New York have established important precedents regarding wage payments to undocumented workers. In Balbuena v. IDR Realty LLC, the New York Court of Appeals ruled that immigration status does not preclude an employee from recovering unpaid
wages. The court emphasized that the New York Labor Law provides protection to all workers, regardless of their immigration status.
Similarly, in the case of Luna v. Sagamore Realty Group LLC, the court reiterated that employers could not use a worker's immigration status as a defense to avoid paying wages owed.

V. Government Agency Enforcement

Government agencies play a crucial role in enforcing wage payment laws. In New York, the Department of Labor (DOL) investigates wage theft complaints and takes appropriate action against employers that violate their duty to pay their employees. The DOL does not inquire
about an individual's immigration status during the complaint process, ensuring that all workers are protected.