In a recent case, the U.S. Eight Circuit Court of Appeals found that employee time must be fairly compensated, even if workers are hired illegally. Undocumented workers may not be exploited in violation of the Fair Labor Standards Act, and are entitled to minimum wage payment and overtime pay.

Between 2007 and 2010, Elmer Lucas and five other undocumented workers were employed by the Jerusalem Café in Kansas City. During this time, the workers were paid less than minimum wage and did not receive overtime pay for their work time that exceeded 40 hours. The cafe's owner, Farid Azzeh, and manager, Adel Alazzeh, paid the employees a fixed weekly cash sum that did not take overtime hours into consideration.

According to the Missouri Employment Law Letter, the trial court for the Western District of Missouri awarded the workers minimum and overtime wages in the amount of $141,000, an equal amount in statutory liquidated damages, and $150,000 in legal fees.

The employers appealed the decision, arguing that the FLSA does not apply to employers who hire illegal aliens. However, their argument was rejected by the Eighth Circuit, which found that the FLSA definition of employee covers undocumented workers, despite their illegal status.

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