Wisconsin workers may be interested in a decision that has recently come down from the 8th Circuit Court of Appeals, regarding minimum wage requirements for illegal workers. The panel ruled that the Fair Labor Standards Act is applicable, and the illegal workers are entitled to the prescribed federal minimum wage.
The court argued that, in some cases, federal labor law trumps federal immigration law, and that because the pay was for work already performed the back wages must be paid to the federal minimum. One judge stated that there is agreement between numerous district courts and the Department of Labor that employers must meet federal employment law standards, even if they hire undocumented workers. While the former owner of the restaurant that employed the plaintiffs claims that he never hired illegal workers, the court found that he and his former manager are personally liable for the wages.
Failure to pay a living wage required by the government is a violation of employee rights. An employee rights attorney may be able to help protect your rights as an employee by seeking wages that were promised but never paid. Unpaid hourly pay, unpaid overtime, and other employee benefits may be recoverable in an action against an employer.
Source: Mint Press news, "Court Rules US Labor Laws Apply To All Employees Regardless Of Legal Status", Katie Rucke, August 03, 2013