Immigrants working in the United States generally have important workplace rights, although the exact protections available can depend on immigration status, the type of employment, and federal, state, and local laws. Understanding these rights can help workers recognize unlawful treatment and know when to seek assistance.
Immigration status can affect employment authorization and certain benefits, but it does not mean that an employer can freely ignore workplace protections. Workers should understand both their employment rights and any immigration-related requirements that apply to them.
Right to a Safe Workplace
Workers generally have the right to a workplace that meets applicable health and safety requirements.
Employers are expected to take reasonable steps to address recognized workplace hazards and comply with applicable occupational safety rules.
Immigrant workers should not assume that unsafe working conditions must simply be accepted because of their immigration status.
If a serious hazard exists, employees can learn about applicable workplace safety protections and available reporting procedures.
Protection Against Discrimination
Employment discrimination can be unlawful when it is based on protected characteristics covered by applicable law.
Depending on the circumstances, protections may cover race, national origin, religion, sex, disability, age, and other legally protected categories.
National origin discrimination can include unfavorable treatment because of a person’s country of origin, ancestry, ethnicity, or related characteristics.
An employer generally cannot justify discriminatory treatment simply because a worker is an immigrant.
Protection Against Harassment
Workplace harassment can include serious or repeated conduct that creates an unlawful hostile environment.
Offensive comments about a worker’s nationality, accent, ethnicity, or immigration background may be relevant to a discrimination or harassment claim depending on the circumstances.
Not every rude or unpleasant comment automatically violates employment law, but workers should document serious or repeated conduct and understand their available reporting options.
Right to Earn Applicable Wages
Immigrant workers may be entitled to legally required wages for work performed, depending on the applicable employment laws and circumstances.
This can include minimum wage protections and, where applicable, overtime requirements.
Being paid in cash does not automatically eliminate wage protections.
Workers should maintain their own records of hours worked, pay received, schedules, and other relevant employment information.
Protection Against Wage Theft
Unpaid wages, illegal deductions, or failure to pay required overtime can create serious employment issues.
Keep copies of pay statements, employment agreements, schedules, time records, and relevant communications.
If wages are withheld, workers can investigate whether federal, state, or local wage laws provide a remedy.
Because wage rules vary by jurisdiction and job classification, obtaining advice from an appropriate labor or employment authority may be useful.
Understand Employment Authorization
Immigration law can affect whether a person is legally authorized to work in the United States.
Employers generally have responsibilities concerning employment eligibility verification.
Workers should provide truthful information and valid documentation through the appropriate employment verification process.
Employees should be cautious of employers who demand unnecessary documents or treat workers differently because of their national origin.
Employment authorization questions can involve immigration law, so workers with concerns about their specific status should consider consulting a qualified immigration attorney.
Protection Against Certain Retaliation
Workers may have protection against retaliation for exercising certain legally protected workplace rights.
Depending on the situation, protected activity may include reporting discrimination, raising certain wage concerns, participating in an investigation, or reporting qualifying safety violations.
Retaliation can take different forms, including termination, demotion, threats, reduced hours, or other adverse treatment.
The exact protection depends on the law involved and the circumstances.
Document Workplace Problems
Documentation can be extremely valuable if a workplace dispute develops.
Record dates, times, locations, people involved, what happened, and any witnesses.
Keep relevant emails, text messages, schedules, pay records, employment documents, and written complaints where lawful and appropriate.
Store copies somewhere you can access them safely.
Do not alter or fabricate evidence.
Be Careful With Immigration Threats
Some workers may experience threats involving immigration status.
Threatening to contact immigration authorities can be particularly serious when used as part of coercion, retaliation, discrimination, or exploitation.
The legal consequences depend on the circumstances.
If an employer or supervisor uses immigration status as a threat, preserve relevant communications and consider obtaining confidential legal advice before taking further action.
Understand Employer Document Requests
Employers have obligations concerning employment eligibility verification, but workers should understand that document requirements are not necessarily unlimited.
If an employer asks for documents repeatedly, requests specific documents when alternatives are legally acceptable, or treats workers differently during verification, the situation may warrant further investigation.
Keep records of what was requested and how the request was communicated.
Know Your Rights During Workplace Investigations
If an employer investigates a complaint involving discrimination, harassment, wages, safety, or other workplace issues, cooperate honestly while maintaining records of relevant communications.
If the matter could affect immigration status, employment authorization, or another significant legal issue, consider seeking professional legal advice before making important decisions.
Seek Help When Necessary
Workplace problems can involve several areas of law at once.
For example, an unpaid wage dispute may also involve retaliation, while discrimination may occur alongside threats related to immigration status.
Potential sources of assistance can include government labor agencies, workplace rights organizations, unions where applicable, and qualified attorneys.
Choose assistance based on the specific issue and jurisdiction.
Understand State and Local Protections
Federal law is not the only source of workplace protections.
States and local governments may provide additional protections involving wages, leave, discrimination, workplace safety, scheduling, and other employment matters.
The rights available to a worker can therefore vary depending on where the work occurs.
Do not assume that rules from one state apply everywhere in the country.
Protect Personal Records
Keep important employment and immigration documents secure.
Depending on the individual’s circumstances, this may include employment authorization documentation, pay records, employment agreements, tax documents, notices from government agencies, and relevant correspondence.
Do not give original documents to an employer or another person unless there is a legitimate reason and appropriate safeguards are in place.
Legal rights of immigrants at work can be significant, but the exact protections depend on immigration status, employment circumstances, and applicable federal, state, and local laws.
Immigrant workers may have protections involving workplace safety, wages, overtime, discrimination, harassment, and retaliation. Immigration status does not automatically remove a worker’s basic workplace protections.
At the same time, employment authorization is a separate issue. Workers should provide truthful information and appropriate documentation during employment verification and should seek qualified immigration advice when questions about their status arise.
If workplace problems occur, maintain accurate records of hours, wages, schedules, communications, threats, discriminatory conduct, and other relevant events. Documentation can make it easier to explain what happened to an attorney or government agency.
Workers should also be cautious if an employer uses immigration status as a threat or attempts to use employment verification requirements in a discriminatory manner. These situations can be legally complex and should be evaluated based on the specific facts.
Because employment and immigration laws can change and vary between jurisdictions, workers facing serious disputes should consider obtaining advice from a qualified employment or immigration attorney. Government agencies and worker-support organizations may also provide information about applicable rights and complaint procedures.
Understanding workplace rights does not eliminate every risk, but it can help immigrant workers recognize potentially unlawful conduct, preserve important evidence, and make informed decisions when problems arise.