Court Says Undocumented Workers Have Right to Sue Owed Wages

In a case where six undocumented workers sued the Jerusalem Cafe in Westport, Kansas City for owing them approximately $450,000 in wages and penalties, the court ruled in the favor of the illegal workers and decided that undocumented workers still have equal labor rights. The 8th Circuit Court of Appeals explained that in this incident, US labor law triumphed over federal immigration law.

The defendant tried to argue that the workers illegally immigrated to the US, and therefore could not sue for the unpaid wages. However, the appellate panel pointed out that if that argument is to be true, then Al Capone could not be sued for tax evasion since his earnings were illegal. They also said other district courts and the secretary of labor all agree that employers who hire illegal immigrants must follow federal employment laws.

The lawsuit claimed that the workers lacked legal work authorizations, were paid in cash, and five out of the six workers worked 77 hours each week. In 2010, the case was brought against the former owner and formal manager. Against Azzeh’s claims that he “never hired illegals”, the court upheld the decision that the Fair Labor Standards Act grants immigrants the right to recover underpaid or unpaid wages, whether they are documented or not.

The US Department of Labor also asserted there are no conflicts between immigration reforms and labor laws. Both try to discourage employers from hiring illegal workers, the court added.