If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair Labor Standards Act. (If not, DOL Fact Sheet # 71 provides a summary, and we explained
11th Circuit
Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award
By FranczekPC on
Posted in Litigation
In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to recover damages when they are not paid work on the other. We have examined this issue with state laws in…