Know Your Rights As An Immigrant In The Workplace

Are you an immigrant who works in California? Our employment attorney wants to help you know your rights!

Immigrant Workers Have the Same Rights as Other Workers in California

• The Right To Be Paid Minimum Wage

Federal and California laws say that immigrants – documented and undocumented – must receive at least minimum wage and the same overtime pay as other workers.

• The Right To Take Breaks

You have the right to take a 10-minute rest for every four hours you work. You are also entitled to take a half-hour meal break during any 8-hour shift.

• The Right To File For Worker’s Compensation If You Are Hurt On The Job

Your employer must provide you with medical care for any injury you have while working. Depending on how badly you are hurt, you may have the right to medical treatment and rehabilitation at no cost to you.

• The Right To Be Paid Each Day Your Employer Asks You To Show Up

If your boss asks you to report to work and you show up, but then tells you to go home right away or after just a couple of hours, you have the right to get up to a half day’s pay.

• The Right To Be Paid All The Wages Owed To You When You Quit Or Are Fired

If your employer terminates you, they must pay you all the wages you earned the very same day they fired you. If you quit, your employer must pay you within 72 hours. You may have them mail your final pay, or you can go into the place of business to pick up your paycheck.

• The right to the tools you need

Your boss must supply you with the tools you need to do the job. If you make twice the minimum wage, though, your boss may ask you to supply your own tools.

• The Right To A Pay Stub

Your employer must provide a written wage statement with your pay.

• The Right To File A Claim

Your immigration status does not affect your right to file a claim against an employer, without fear that they may strike back.

Your Employment Rights As An Immigrant Working In California

Because of recent changes in the nation’s politics, many immigrant workers are worried about their rights. Our employment attorney in California wants you to know your rights.

The law protects you from being fired, harassed at work, treated worse than your co-workers doing the same job, and other forms of discrimination just because of your immigration status. For example, your employer or co-worker cannot:

• Treat you worse than non-immigrants
• Say bad things about immigrants
• Require you to speak English or without an accent when it is not necessary to do your job
• Retaliate or “get even” with you because you complain about harassment
• Require proof of citizenship or look into a worker’s citizenship, unless required to by law

Workers’ Rights, ICE, and the I-9

Federal law requires all companies to keep an I-9 form for every employee on their payroll; they have three days to create an I-9 for new employees. An I-9 form proves that you are authorized to work in the United States.

The US government can audit companies to make sure their employees can legally work in the country. The government initiates the audit by sending a Notice of Inspection (NOI) to the company, which then has 72 hours to notify workers of the audit. If Immigration and Customs Enforcement (ICE) officers find a problem with a worker’s I-9, they can request more information.

ICE can also raid places of employment without warning, but they do not always have the right to enter a business or arrest someone – they would need a warrant signed by a judge. Workers have the right to stay silent and ask for a lawyer.

Are You an Immigrant Working in California? Our Employment Attorney Can Help You Know Your Rights. Contact Your California Employment Attorney At D.Law!

Immigrants working in California have rights too! If your boss refuses to treat you equally because of your immigration status, contact D.Law. Our attorneys are experts in California employment law and worker’s rights for immigrants working in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities.