Regardless of your husband's immigration status, the federal Fair Labor Standards Act requires the employer to pay his regular wages for all hours that he works under 40 hours and 1.5 x his regular hourly wage rate for all time he works over 40 hours. This assumes that (1) the employer does at least $500,000 of business per year, and (2) that your husband does not fall within one of the exemptions to the overtime provisions (if he is exempt it means only that he would get paid his regular salary). To give you a more definitive answer I would need to know more about your husband's employer, and the job that your husband performed. We bring these cases in federal court. In our firm we collect our fees not from the employee, but rather from the employer (since the law requires the employer to reimburse the employee for attorneys fees for brining the suit--we just collect it from the employer so that the employee doesn't feel any pressure). If the employer is covered and if your husband is non-exempt we also can collect the amount of unpaid wages plus an additional amount equal to the unpaid wages for periods going back 3 years. (So that's twice the unpaid wages.) We would be happy to assist you
Michael A. Caldwell
404-979-3154
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