Immigration Status and Workplace Rights in California

Undocumented workers in California have most of the same workplace rights as everyone else. Your employer still owes you minimum wage and overtime. You can still receive workers’ compensation after an injury. Your employer also cannot use your immigration status to punish you for speaking up. Below, we explain what California law says, what employers cannot do when immigration comes up, and where the protections stop.

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Zev Abramson

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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…

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Key Takeaways

• California labor protections apply “regardless of immigration status” (Lab. Code 1171.5(a)).
• In cases enforcing those laws, immigration status “is irrelevant to the issue of liability.” Questions about it are generally not allowed (Lab. Code 1171.5(b)).
• Threatening to contact immigration authorities to retaliate against a worker is an unlawful “unfair immigration-related practice.” Within 90 days of a complaint, the law presumes it is retaliation (Lab. Code 1019).
• Workers’ compensation covers employees “whether lawfully or unlawfully employed” (Lab. Code 3351).
• The main limits: no reinstatement where federal law bars it, and no lost pay for the time after the employer learns the worker is not authorized (Salas v. Sierra Chemical Co.).

Is This Your Situation?

• Your employer pays you below minimum wage or skips overtime because “you don’t have papers.”
• A supervisor threatened to call immigration after you complained about pay or safety.
• Someone at work threatened to report a family member’s immigration status.
• You got hurt at work, and your employer said you cannot get workers’ comp.
• Your employer asked for new or extra documents right after you raised a complaint.
• Your employer treats you worse than coworkers because of your accent, language, or country of origin.

Immigrant Workers’ Rights: What Undocumented Workers in California Are Owed

The starting point is Labor Code section 1171.5(a). It covers anyone who has applied for work, works, or has worked in California. State-law protections, rights, and remedies apply to them “regardless of immigration status.” The main exception is reinstatement that federal law prohibits.

Wages

Undocumented workers in California have the same wage rights as other workers. The 2026 California minimum wage is $16.90 an hour (Department of Industrial Relations). The Labor Commissioner reminds workers that “Your employer is legally required to pay the wages you earned” (Labor Commissioner, June 2025). Some employers pay in cash, ask for work off the clock, or call workers “independent contractors.” If that sounds familiar, see our article on misclassification as an independent contractor and our wage and overtime practice. In Los Angeles, see our Los Angeles wage theft lawyer page.

Workers’ compensation

California defines an employee for workers’ comp as every person in the service of an employer under a contract of hire, “whether lawfully or unlawfully employed” (Labor Code section 3351). A California appeals court held that federal immigration law does not override this rule. In that case, the court said the injured worker “was not required to be a lawfully documented alien to be an employee” (Farmers Brothers Coffee v. WCAB (2005)). Learn more about workers’ comp benefits. If you were hurt on a construction site or a warehouse floor, the same rule applies.

Discrimination

The Civil Rights Department lists “Ancestry, national origin” among protected characteristics and states that “The FEHA applies to California workers regardless of their citizenship or immigration status” (CRD). What if you used false documents to get hired? The California Supreme Court held that this is not a complete defense to a FEHA claim. It can, however, limit the remedies (Salas v. Sierra Chemical Co. (2014) 59 Cal.4th 407). Read more about legal protections against discrimination at work.

Safety

Every worker can raise safety concerns. California also protects employees who refuse unsafe work in some cases. An employer may not lay off or discharge an employee for refusing work that would violate a safety standard where the violation “would create a real and apparent hazard” to the employee or coworkers (Labor Code section 6311). Our article on whether you can be fired for a safety complaint explains the protections that apply.

Can Undocumented Immigrants Work in California?

Federal law limits hiring, but state protections still apply on the job. Under federal law, an employer may not hire someone “knowing the alien is an unauthorized alien.” It also may not keep a worker on after learning the worker is not authorized (8 U.S.C. 1324a).

What California law does control is how you are treated for work you have already done. Wages, workers’ comp, and protection from discrimination and retaliation all apply “regardless of immigration status” (Lab. Code 1171.5). For a broader overview, see our article on key workplace rights in California.

Can My Employer Threaten to Call Immigration?

Not to retaliate against you. Labor Code section 1019 makes it unlawful for an employer “or any other person or entity” to engage in “unfair immigration-related practices” against someone for exercising a protected right. Protected acts include filing a good-faith complaint, asking whether the employer follows the law, and helping a coworker assert their rights. The law lists these practices:

• Threatening to contact or contacting immigration authorities
• Threatening to file or filing a false police report, or a false report with a state or federal agency
• Requesting more or different documents than federal law requires, or refusing documents that appear genuine
• Using E-Verify at a time or in a manner federal law does not require

Timing matters. If one of these practices happens within 90 days of a person exercising protected rights, the law presumes it was retaliation. The employer can try to rebut that presumption. A worker can sue for equitable relief and damages or penalties. A court may also suspend the employer’s business licenses for up to 14, 30, or 90 days, depending on the number of violations. If the worker wins, the worker recovers reasonable attorney’s fees and costs. See our retaliation practice.

Can My Employer Demand Extra Documents or Re-Check My Papers?

Not whenever it wants. When checking work authorization, an employer may not “Request more or different documents than are required under” federal law. It also may not refuse documents that “reasonably appear to be genuine” or refuse documents based on the specific status or term that comes with the work permit. These rules apply even without a complaint, and each violation can bring a penalty of up to $10,000 (Labor Code section 1019.1).

An employer also may not reverify a current employee’s work eligibility “at a time or in a manner not required” by federal law. That violation can also bring a civil penalty of up to $10,000 (Labor Code section 1019.2). A sudden demand for new papers right after a complaint can also be an unfair immigration-related practice under section 1019. Consider speaking with an employment attorney before you respond to a demand like this.

What Happens If Immigration Agents Come to My Workplace?

California limits what an employer can allow. Except as federal law requires, an employer “shall not provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor” (Government Code section 7285.1). The rule does not apply when the agent presents a judicial warrant (Immigrant Worker Protection Act FAQ). A similar limit covers employee records. An employer may not let an agent review them “without a subpoena or judicial warrant.” I-9 forms covered by a Notice of Inspection are the exception (Government Code section 7285.2). Each violation carries a civil penalty of $2,000 to $5,000 for a first violation and $5,000 to $10,000 for each later one.

You also have a right to know about an I-9 inspection. Your employer must post notice to current employees “within 72 hours of receiving notice of the inspection.” The notice names the agency, the date the employer received notice, and the nature of the inspection. After the inspection, affected employees get a copy of the results within 72 hours. That notice also gives any deadline to fix problems and the “right to representation” at any meeting with the employer (Labor Code section 90.2).

New in 2026: The Workplace Know Your Rights Act

Senate Bill 294 added a yearly rights notice. By February 1, 2026, and every year after, California employers must give all employees a rights notice. Among other topics, it covers I-9 inspection notices, unfair immigration-related practices, and constitutional rights during law enforcement encounters at work. By March 30, 2026, employers must also let employees name an emergency contact. If you ask, your employer must notify that contact if you are arrested or detained at the worksite (Department of Industrial Relations).

Will My Immigration Status Come Up If I Make a Claim?

Usually not in state employment cases, but there is no absolute guarantee. Under California law, a person’s immigration status “is irrelevant to the issue of liability.” In cases to enforce state labor and employment laws, “no inquiry shall be permitted into a person’s immigration status.” The only exception is when the person asking shows “by clear and convincing evidence” that the inquiry is necessary to comply with federal immigration law (Lab. Code 1171.5(b)). The Civil Rights Department also states that it “does not inquire about citizenship or immigration status” (CRD). Injury cases have a similar rule. In a civil action for personal injury or wrongful death, evidence of immigration status “shall not be admitted into evidence,” and discovery into it is not permitted (Evidence Code section 351.2). Status can still matter later, when a court decides remedies. Because every situation is different, consider speaking with an employment attorney about how your status may affect your case.

Where the Protections Stop

California’s protections are broad, but federal law sets some limits on what a worker can recover:

• A court cannot order reinstatement where federal law prohibits it (Lab. Code 1171.5(a)).
• Federal labor board cases follow a stricter rule. The U.S. Supreme Court held that federal immigration policy “foreclosed the Board from awarding backpay” to a worker who was never authorized to work (Hoffman Plastic Compounds v. NLRB (2002)). California answered with Labor Code section 1171.5 for state-law claims.
• In Salas, the California Supreme Court held that federal law blocks lost pay “for any period after the employer’s discovery” that the worker lacked authorization. Lost pay for the period before discovery was not barred (Salas v. Sierra Chemical Co.).
• To collect unemployment insurance, the EDD requires a Social Security number and proof that you are “authorized to work in the United States” (EDD).

These limits affect what you can recover. They do not take away your right to be paid for work you did or to be free from retaliation.

What to Consider If Your Rights Are Violated

1. Consider writing down dates, hours worked, pay received, and what was said, including any threats about immigration. Exact words and dates help show timing, which matters under the 90-day rule.
2. Keep your pay stubs, schedules, text messages, and photos of your time records if you are allowed to take them. Do not take confidential company files.
3. Save the names of coworkers who saw what happened.
4. If you still work there, our article on whether you can sue your employer while still employed explains the protections that apply while you keep your job.
5. Consider speaking with an employment attorney before you respond to a demand for new documents after a complaint. Because your immigration case is separate, consider also speaking with an immigration attorney before you answer questions about your status or your documents.

How Long Do I Have to Act?

Deadlines depend on the type of claim. For example, the Labor Commissioner lists three years for unpaid minimum wage and overtime (Labor Commissioner). A CRD complaint “must be filed within three years from the date an alleged discriminatory act occurred” (CRD). Immigration threats are more urgent. The Labor Commissioner warns that waiting “more than one year from the date the threat took place” may limit its ability to enforce state protections (Labor Commissioner). Our article on how long a wage claim takes covers the wage process. An employment attorney can evaluate which deadlines apply to your situation.

Frequently Asked Questions About Undocumented Workers’ Rights

Is immigration status a protected class in California?

Not by that name, but the protection is real. The Civil Rights Department’s list of protected characteristics includes “Ancestry, national origin” rather than immigration status. It also states that FEHA “applies to California workers regardless of their citizenship or immigration status” (CRD). Separately, using immigration threats or document demands to retaliate is unlawful under Labor Code section 1019.

Can my employer report my family member’s immigration status if I complain?

No, not as payback. Reporting the suspected immigration status of an employee or “a family member of the employee” can be illegal retaliation. If the employer does it, or threatens to, because the employee exercised a legal right, it counts as an adverse action (Labor Code section 244(b)). The rule also protects former and prospective employees. Family members include spouses, parents, siblings, children, and other close relatives.

Can I be fired for updating my Social Security number or work permit?

No. Some workers update their records after getting a new name, Social Security number, or work permit. An employer may not take adverse action against an employee for updating personal information “based on a lawful change of name, social security number, or federal employment authorization document” (Labor Code section 1024.6).

Can my employer make me speak only English at work?

Usually not. A policy that limits or bans any language at work is unlawful unless it is “justified by a business necessity” and the employer told employees when the rule applies and what happens if they break it (Government Code section 12951). Business necessity means the rule is needed for safe and efficient operation and no less discriminatory option would work equally well.

Can I be fired without warning in California?

Often, yes. Employment with no set term “may be terminated at the will of either party on notice to the other” (Labor Code section 2922). But an employer cannot use at-will firing for an illegal reason, such as retaliation for a complaint or discrimination. Our article on at-will employment explains the limits.

Can I get disability or paid family leave benefits without a Social Security number?

Yes. The EDD states that undocumented workers in California “can apply for DI and PFL benefits, even if you do not have a Social Security number.” Without a Social Security number, you “must request and submit a paper application,” because the online form requires one. The EDD also states that “Your information will be kept confidential” (EDD). Our article on California paid family leave explains how the benefit works.

Do I have to tell the Labor Commissioner my immigration status?

No. Workers who file wage claims or retaliation complaints “are not required to disclose their immigration status.” The office also “will not inquire about the immigration status” of anyone seeking help under state labor law (Labor Commissioner).

Can I still file a claim if I leave California or the United States?

Yes. The Labor Commissioner states that workers can still file a claim after leaving California or the U.S. (Labor Commissioner). Deadlines still apply.

Can I get workers’ comp if I used someone else’s papers to get the job?

Possibly. In Farmers Brothers Coffee, the employer argued that the worker’s use of false documents barred his benefits. The court rejected that argument. The record showed no fraud conviction, and the documents got the worker the job, not the injury benefits (Farmers Brothers Coffee v. WCAB (2005)). Every case is different, so an attorney can evaluate how this applies to you.

When to Talk to a California Employment Lawyer About Immigration Status and Your Job

Maybe your employer is not paying you correctly. Maybe you got hurt on the job, or someone threatened you with immigration consequences after you spoke up. In any of these cases, consider speaking with a California employment lawyer. An attorney can explain your options and the deadlines that apply. Early advice also helps when the 90-day presumption or a one-year enforcement window may matter. We help clients in English and Spanish.

At Abramson Labor Group, we represent California employees regardless of immigration status. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.

This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.