California’s economy depends on the hard work of hundreds of thousands of immigrant workers each year. Those workers are protected by California labor laws just like any other employee. That includes the right to be paid at least minimum wage, the right to breaks, and the right to Workers’ Compensation benefits. Immigrant workers are also protected from retaliation when they report employers for violations.
These rights are guaranteed under state law, but documented and undocumented workers also have the right to have a legal representative to make sure they receive fair treatment. A California Immigrant Employment Lawyer makes sure workers receive full benefits under the law.
Schedule a Free Consultation with a California Immigration Employment Law Attorney
If you are an immigrant worker who has been denied a fair wage or benefits, Maison Law’s Immigration Labor Attorneys stand ready to help you seek justice.
With our extensive knowledge of California labor laws and the protections extended to documented and undocumented workers, we assist clients in filing claims against employers. We fight to secure income that rightfully belongs to these workers. We also make sure workers who speak up about employment violations are fully protected from retaliation.
Contact us for a free consultation that comes with no obligation to you or your family. We want to hear what you’ve been put through and then talk over all of your legal options. This free case review is completely confidential. Your employers will not know about this consultation. We speak Spanish and can accommodate clients who speak many other languages.
California Immigrant Worker Rights
Immigrant workers can understandably feel vulnerable when they experience they are refused a fair paycheck and other benefits. Employees may feel at risk over their immigration status and fear deportation or other acts of retaliation if they file a claim.
Fortunately, documented and undocumented workers enjoy the same benefits and protections as any other employee in California. These safeguards apply to immigrants working in high-tech companies, working on farms or construction sites, in garment factories, or in any other industry.
The California Labor Commissioner as leader of the Division of Labor Standards Enforcement (DLSE) is empowered to investigate and resolves complaints about retaliation, wage loss, child labor, hours of work, and working conditions.
Whether you are a documented or undocumented worker in California, you have rights protected by state laws that guarantee payment of wages for work performed. It is the policy of the DLSE not to question your immigration status.
These are the rights extended to all California employees, including immigrant workers:
- Right to Be Paid Minimum Wage – In 2023, the minimum wage will sit at $15 an hour for all California employees. Some California cities already mandate higher minimum wages. In most cases, immigrant employees must be paid at least twice a month.
- Right to Rest Periods and Meal Breaks – Immigrant workers must receive a net 10-minute rest period for every four hours worked. Employees should receive a 30-minute meal break for every 5 hours worked.
- Right to File a Worker’s Compensation Claim – Immigrant employees injured on the job, must be provided with medical care. Depending on the extent of an injury, victims may have the right to rehabilitation and job training at no cost to them.
- Right to the Tools Needed to Perform Job – In most cases, tools should be provided and maintained by the employer at no cost to the employee.
- Right to Receive a Pay Stub or Wage Statement – These statements should be provided every time a worker is paid.
California’s Department of Industrial Relations (DIR) provides several Employment Law Documents to better explain the rights of immigrant workers. The documents are translated into many different languages and can help workers understand their rights and direct them on how to take action.
Employment Rights for H-1B Visa Workers
Workers in the United States on the H-1B visa program enjoy these rights as well and should take action when they are denied.
Qualifying employees in many different fields such as educators, scientists, and engineers may be sponsored by employers under the H-1B program. They may feel indebted to sponsors, but that should never mean that employers can take advantage of immigrant workers or deny them basic employment rights.
H-1B employees are empowered to report immigration labor law violations by an employer. They are also protected from retaliation from employers for taking action.
Maison Law Immigration Lawyers is a full-service immigration law firm that represents people in many different types of immigration issues such as deportation and labor violations. Contact us today with any immigration legal matter to receive a free consultation.
California Retaliation Protections for Immigrant Workers
California employers are prohibited from harassing or threatening any worker who reports workplace violations. This includes threats to call the police or ICE to try to get someone deported. It is illegal for companies and business owners to terminate the jobs of immigrants because they’ve reported a misdeed.
Immigrant workers should never have their immigration status called into question simply because they seek justice after an employment law violation. Your lawyer would file a lawsuit against your employer and recover any pay you lost while enduring employment law violations and retaliation. Your claim could also result in stiff penalties for employers to encourage them to treat all employees fairly.
Contact a California Immigration Employment Law Attorney
If you are an immigrant worker and your employer had denied you fair pay or other basic employment rights, please speak with a skilled attorney at Maison Law Immigration Lawyers.
It’s a no-risk way to find out if you have a case against your company. It’s also a good chance to learn what you could earn in compensation from an employer for what they’ve put you through.
Contact our California labor attorneys who have extensive knowledge of state and federal immigration employment laws. We use that knowledge to the benefit of our clients. We work to maximize all labor settlements for immigrant victims and their families.
