Immigration Status and Workplace Rights in California

December 31, 2024

Your immigration status should never compromise your rights in the workplace. California has some of the strongest labor laws in the United States, designed to protect all workers—regardless of immigration status. However, many workers remain unaware of their protections, leaving them vulnerable to exploitation or discrimination. At Abramson Labor Group, we are committed to ensuring that every employee is treated with fairness and dignity, regardless of where they come from.

This guide will explore how California labor laws apply to undocumented and immigrant workers, your workplace rights, and the steps you can take if your rights are violated.

Does Immigration Status Affect Workplace Rights?

In California, all employees have workplace rights, regardless of their immigration status. Federal and state laws provide protections that apply to everyone, including undocumented workers. Employers cannot use a worker’s immigration status as an excuse to deny wages, discriminate, or create a hostile work environment.

Key Workplace Rights for Immigrant Workers in California

1. Right to Fair Wages

All workers are entitled to:

• Minimum Wage: The California minimum wage applies to all workers, regardless of immigration status.
• Overtime Pay: Workers must be paid time-and-a-half for hours worked beyond eight in a day or 40 in a week.
• Unpaid Wages: Employees can file claims to recover unpaid wages, even if they are undocumented.

2. Right to a Safe Workplace

Under the California Occupational Safety and Health Act (Cal/OSHA), employers must provide a safe and healthy work environment. Immigrant workers have the right to report unsafe conditions without fear of retaliation.

3. Right to Be Free from Discrimination

The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on:

• Race
• National origin
• Religion
• Sex
• Immigration status

Employers cannot treat workers unfairly based on their immigration status, nor can they retaliate against workers who report discrimination.

4. Right to Workers’ Compensation

Immigrant workers, including those who are undocumented, are entitled to workers’ compensation benefits if they are injured on the job. This includes:

• Medical care
• Temporary disability payments
• Permanent disability benefits

5. Right to Unionize and Organize

All employees have the right to join or form a union and engage in collective bargaining. Employers cannot threaten or penalize immigrant workers for organizing activities.

Common Violations Faced by Immigrant Workers

Despite these legal protections, immigrant workers often face violations, including:

• Wage Theft: Employers failing to pay minimum wage, overtime, or wages owed.
• Discrimination: Unequal treatment based on immigration status, national origin, or ethnicity.
• Retaliation: Threatening to report a worker to immigration authorities for asserting their rights.
• Unsafe Work Conditions: Denying safety equipment or ignoring workplace hazards.

Can Employers Use Immigration Status Against You?

It is illegal for employers to retaliate against employees by threatening to report them to immigration authorities. California’s Immigrant Worker Protection Act (AB 450) prohibits employers from:

• Allowing immigration enforcement agents to enter nonpublic areas of the workplace without a warrant.
• Releasing employee records without a subpoena or court order.

Employers who violate these protections can face penalties and lawsuits.

What to Do If Your Rights Are Violated

1. Document Everything

Keep detailed records of any violations, including:

• Dates, times, and descriptions of incidents.
• Names of individuals involved.
• Copies of pay stubs, emails, or other relevant documents.

2. Report the Violation

File a complaint with the appropriate agency, such as:

• The California Labor Commissioner’s Office for wage theft or retaliation.
• The Department of Fair Employment and Housing (DFEH) for discrimination or harassment.
• Cal/OSHA for workplace safety violations.

3. Seek Legal Advice

Navigating workplace violations as an immigrant worker can be challenging. At Abramson Labor Group, our experienced attorneys will help you understand your rights and guide you through the process of filing claims or lawsuits.

Your Rights as an Undocumented Worker

It’s important to note that your immigration status will not be disclosed when you file a complaint or lawsuit. California law ensures that undocumented workers can pursue legal remedies without fear of deportation.