All immigrant workers have legal rights at work. Our federal, state, and local labor laws protect immigrant workers against wage theft and discrimination and harassment at work.
Immigrant workers are protected under wage and hour laws.
- Your employer must pay you for all hours worked at a rate of at least $7.25 per hour, or the rate you were promised (if higher).
- Your employer must pay you overtime of 1.5 times your regular rate of pay for all hours worked over 40 in a week (although there are some exceptions for certain farm workers, workers who get tips, and certain live-in domestic workers).
- You have the right to act together with other workers to improve your pay and working conditions or fix job-related problems or form, join, or assist a labor union.
Immigrant workers have the right to work free from discrimination and harassment.
- All workers, regardless of immigration status, have the right to a workplace free from discrimination and harassment based on their race, color, national origin, religion, sex, pregnancy, age (over 40), disability, sexual orientation, or gender identity.
- Your employer cannot treat you less well because of your nationality, ethnicity, because you are from a particular country or part of the world, because of your accent, or because you appear to be of a certain ethnic background (even if you are not).
- An employer’s rule that you may speak only English at work is a violation of the law, except in certain circumstances (such as when communicating with customers or coworkers who only speak English or when necessary for safety reasons).
- Sexual harassment is a form of illegal sex discrimination. If you are sexually harassed at work, tell the harasser to stop (if you feel safe doing so) and let a trusted supervisor or manager know, and/or seek legal help.
Immigrant workers have the right to a safe and healthy workplace.
- All workers have the right to a healthy and safe workplace free from hazards that could cause serious physical harm.
- Employers must follow all the particular safety and health standards that apply to your type of job and workplace.
- You have the right to get information and training, in a language you can understand about workplace safety hazards, ways to prevent harm, and the safety standards that apply to your workplace.
Immigrant workers are protected against retaliation.
- All workers are protected against retaliation under most labor laws.
- Your employer may not take negative action against you because you challenge violations of your workplace rights.
