There are many workers who do not have papers or legal status in the United States, and a large part of them are in the state of California, where they represent 10% of the workforce.
Undocumented workers have the same fundamental legal rights as employees mentioned in the country’s federal law, and it is extremely important that they are informed about these rights. This helps you to know if the conditions in which you work are adequate and if your boss is respecting your rights as an employee.
Employers are required to pay full wages to workers, pay overtime, grant compensation or disability days in case of accidents at work, and pay the minimum wage established by each state’s law, regardless of immigration status. Likewise, workers have the right to receive rest days and free time to eat during workdays.
As mentioned above, workers have the same benefits as any worker. However, these rights are often not respected by employers who use punishments or threats to keep the employee working, even when their rights are being violated. That is why it is crucial that these rights are known, since, in recent years, it has been established that it is possible for workers, regardless of their legal status, to file lawsuits for violation of rights such as non-payment of wages.
Regardless of whether you are an undocumented worker, you have all these rights and are also protected by the anti-discrimination law, which states that your employer cannot discriminate against you because of your status, nationality, origin, or sex.
Discrimination is strictly prohibited in the country, as well as retaliating and reporting a worker to immigration agents or using their papers as a threat or as an excuse not to pay their salary.
