What Are My Rights as an Unauthorized Worker in California?

If your employer tries to withhold your pay because of your immigration status, know that you still have rights and protections under California law. Even as an unauthorized worker, you have the same rights and protections as everyone else. Keep reading this blog to find out more.

What Legal Rights Am I Entitled to as an Unauthorized Worker?

The gist is that you are entitled to nearly all the same rights as documented employees. “Your employer shouldn’t randomly request additional immigration documents because they know your immigration status. If you’ve submitted what is required by law, that is enough,” says  Workers’ Compensation attorney Scott Silberman from Silberman & Lam LLP. “Your boss shouldn’t threaten to call the cops when you exercise your rights, such as by complaining about wage policies or reporting workplace discrimination. Such behavior is prohibited under California Labor Code 1019.”

Here is an overview of your rights as an unauthorized worker in California:

Fair Pay

As of September 2024, California’s minimum wage is $16 per hour, with mandatory overtime pay for hours exceeding 8 in a single day. Unauthorized workers are entitled to these wage and salary benefits.

Workers’ Compensation Benefits

Suppose you suffer an injury while on the job; you are entitled to workers’ compensation benefits by filing a claim. If you prove your case, you’ll receive a monetary settlement for the physical and non-physical damages you sustained.

Participating in a Union

The National Labor Relations Act protects the rights of all workers, including those who are undocumented, to organize a union, elect a union, and collectively bargain with their employers. If you feel aggrieved by your work conditions, you are well within your rights to conduct concerted activity with your coworkers to improve the workplace conditions.

Paid Family Leave

You may be eligible to receive California Paid Family Leave benefits if you are not going to the office or workshop because you are taking care of a seriously ill family member. These benefits usually cover 60 to 70 % of your income for up to six weeks. Parents may also be eligible for paid family leave to spend time and take care of a newborn child.

What This Means

Above is just an overview of some of the rights and protections that undocumented workers receive in the US. The truth is that you are entitled to nearly all the same benefits and protections as authorized US workers. Therefore, if you’re discriminated against based on your immigration status, waste no time in getting assistance from an attorney. You should know that your residency status will be of no effect to your eligibility to file a claim.

But before filing a claim, call any local legal organizations that work with undocumented individuals. They will direct you to reputable attorneys who understand the dissection between immigration laws and workers’ compensation regulations.

An attorney can guide you through filing a claim against an employer for mistreatment or discrimination.. They will help you collect evidence, prepare this evidence, and file all the paperwork associated with your lawsuit.

Conclusion

As an unauthorized resident, you have the right to fair pay, workers’ compensation, disability insurance, paid family leave, and a safe working environment, along with all other rights and protections that authorized workers enjoy. The California Labor Code prohibits employers from discriminating against employees due to their immigration status.

Therefore, your immigration status should not stop you from getting justice when you’ve been treated unfairly, such as when your employer retaliates after you complain of sexual harassment. You should file a claim with the relevant authorities with the assistance of a qualified workers’ compensation attorney.

Your lawyer will clarify the rights available to you, identify any violations, and help you gather essential evidence for a strong claim.