Employers Risk More Than Just Significant Fines and Penalties for Employing Undocumented Workers

Employers violate the federal Immigration Reform and Control Act if they hire undocumented workers with actual or constructive knowledge of the employee’s legal inability to work in the United States. That Act exposes the employer who violates the law’s requirements to significant fines and penalties. It is important to know, however, that an employer may not discriminate against workers based upon their immigration status. So employers who do hire undocumented employees must nevertheless pay those employees all wages to which they are entitled under the law, including overtime pay. Recently, the Federal Fifth Circuit Court of Appeals emphasized this fact [...]