What Rights Do Undocumented Workers Have in California?

Immigrants are an integral part of California’s economy, making up one-third of the total workforce. The state is home to a large population of undocumented immigrants working in various industries such as agriculture, construction, and hospitality.

Despite their contributions, undocumented workers often face fear and intimidation when enforcing their rights in the workplace. It is essential for all workers, regardless of their immigration status, to be aware of their rights under California law.

What Protections Does California Law Provide to Undocumented Workers?

California Labor Code Section 1171.5 establishes that, except for reinstatement remedies prohibited by federal law, the rights, remedies, and protections provided by the labor code apply to all employees, regardless of immigration status. For purposes of enforcing labor laws, an employee’s immigration status is irrelevant to the issue of liability.

Key Rights for All Workers in California

Right to Fair Wages

Undocumented workers are entitled to receive at least the minimum wage under both state and federal law. They are also entitled to overtime pay for any hours worked beyond 8 in a day or 40 in a week.

Right to a Safe Workplace

Employers must provide a safe working environment and comply with all health and safety regulations. Undocumented workers have the right to file complaints or report violations of labor laws without fear of retaliation.

Right to Be Free from Discrimination and Harassment

The Fair Employment and Housing Act (FEHA) protects all employees in California from workplace discrimination and harassment, regardless of immigration status. Undocumented workers can file a complaint with the California Civil Rights Department if they believe they’ve been discriminated against or harassed.

Right to Organize and Engage in Collective Bargaining

California law allows all workers, including undocumented workers, to engage in collective bargaining activities and advocate for better wages, working conditions, and benefits.

Right to Workers’ Compensation

Undocumented workers are entitled to workers’ compensation if injured on the job, and employers are required to provide insurance for all employees.

Legal Protections for Undocumented Workers

It is crucial for undocumented workers to understand their rights in the workplace and that they are legally entitled to enforce these rights under California law.

At TONG LAW, our experienced employment law attorneys are here to advocate for your rights and help you navigate any legal challenges.