Immigrant Rights

All immigrant workers, documented or undocumented, have legal rights at work.  Our federal, state, and local labor laws protect immigrant workers against wage theft and discrimination and harassment at work. Unfortunately, immigrant workers (especially those who are undocumented) are particularly vulnerable to exploitation by employers. All to often, employers threaten workers with immigration consequences if they try to enforce their legal rights. Because of this, many immigrant workers fear coming forward to enforce their workplace rights. But immigrant workers can file complaints with government agencies or in court to enforce their rights without fear of deportation. CLS provides legal advice and representation to immigrant workers in cases involving wage theft, harassment and discrimination, and retaliation.

 

Immigrant workers, including workers who are undocumented, 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).
• Your employer cannot withhold payment because you do not have work authorization or a Social Security Number.
• 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, regardless of immigration status, 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, regardless of immigration status, 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.
• Unfortunately, workers who are undocumented often face an increased risk of employer retaliation due to their lack of legal immigration status.  To prevent workers from asserting their rights, employers often threaten to report undocumented individuals to ICE.
• Because of this increased risk, workers who are undocumented should seek the advice of a community organization or attorney before taking legal action.
• If an employer makes threats related to your immigration status, you could be eligible for a special immigration visa and should consult an attorney.

 

Immigrant workers can file legal claims without fear of deportation.

• Undocumented workers should seek the advice of an attorney knowledgeable about employment and immigration law who can properly assess any risks related to immigration status (such as whether the employer has threatened workers in the past) and assist with deciding whether and how to file a claim.
• Most government agencies responsible for enforcing labor laws do not ask workers about their immigration status.
• See our pages on wage theft, discrimination and harassment, and workplace safety for more information on how to file complaints.

 

What to do if ICE comes to your workplace.

• If ICE comes to your workplace, you have the right to remain silent and have the right to speak with a lawyer at all times.  Do not answer any questions, even questions that seem innocent, like “where were you born?”
• Never sign any paper that ICE gives you.
• You do not have the right to a court-appointed lawyer if you are detained by ICE, so you should at the very least carry a card with the name and number of a lawyer who can take your calls.

 

There are special immigration visas to protect workers against forced labor.

• Migrant and undocumented workers are sometimes the victims of crimes in the workplace (like assault) or forced labor (also called human trafficking or labor trafficking).  Signs of forced labor include: working “for free” to pay off a debt; working under physical or psychological intimidation (such as threats to report you or family members to ICE); or working for many hours for little pay and/or no freedom of movement.  
• In these situations, workers may be eligible for special immigration visas, called “U Visas” or “T Visas.”  These visas provide important relief for workers in abusive workplace environments who fear losing their existing lawful immigration status through employer retaliation or are targeted because of their lack of lawful status and, as a result, fear making complaints about the unlawful activity or reporting a crime.
• These special visas were created to encourage immigrant workers to report employers who commit certain crimes or engage in forced labor or labor trafficking to law enforcement without fear of deportation.
• The benefits of securing such visas can include lawful status for up to four years; work authorization, derivative benefits for qualifying family members; and eligibility for a green card after three years.
• If you or someone you know was the victim of a crime at the workplace or is working under conditions that might be forced labor, seek the help of a community organization or attorney.  There are programs that can help workers in these situations with housing and other needs.

• Learn More About Workplace Health & Safety and Paid Sick Leave
• Learn More About Discrimination & Harassment
• Learn More About Wage Theft

• Philly Fair Workweek Ordinance
• Immigrant Workers Have Rights Fact Sheet
• You Have The Right To Organize At Work!
• Tiene derecho a organizarse en su lugar de trabajo!
• Los Trabajadores Inmigrantes Tienen Derechos
• العمال المهاجرون لهم حقوق – Immigrant Workers’ Rights (Arabic)
• Chinese Immigrant Workers Rights
• Vietnamese Immigrant Workers’ Rights

• Workers Sue Walmart for Violating Philadelphia’s Fair Workweek Law
• Information for Home Health Workers Experiencing Wage Theft
• Philly Workers Entitled to Predictable Schedules Under Fair Workweek Law
• CLS Supports PA Worker Misclassification Task Force Recommendations