Immigrant Rights in the Workplace: What Employers Can and Cannot Do

Every worker in the United States — regardless of immigration status — has legal rights in the workplace. Federal and state labor laws protect immigrants from discrimination, wage theft, unsafe working conditions, and retaliation. Understanding your rights is the first step to defending them. And knowing what employers legally can and cannot do helps you recognize when those rights are being violated. Use www.inmigrante.help to keep records of your employment documents and important contacts in one secure place.

The I-9 Verification Process: All employers must verify the work authorization of every employee using Form I-9. This applies to everyone — U.S. citizens included. You have the right to present any document or combination of documents from the I-9 lists of acceptable documents. Employers cannot require a specific document (for example, demanding a green card when you have a valid EAD card and driver's license). They also cannot request more documents than required, use the I-9 to discriminate based on national origin, or use E-Verify (the electronic verification system) selectively on some employees and not others.

Discrimination Protections: Federal law prohibits employment discrimination based on national origin, race, color, religion, sex, age, and disability — and these protections apply to immigrant workers. The Immigration and Nationality Act (INA) specifically prohibits employers from discriminating based on citizenship status or national origin during hiring, firing, or recruitment. The Equal Employment Opportunity Commission (EEOC) enforces these laws. If you are undocumented, you still have the right to work free from discriminatory treatment once employed.

Wage and Hour Rights: Federal law (Fair Labor Standards Act) requires that all workers receive at minimum the federal minimum wage and overtime pay for hours worked over 40 in a week. These rights apply regardless of immigration status. Wage theft — being paid less than agreed, having hours shaved off, not being paid at all — is unfortunately common in industries with many immigrant workers. Keep records of your hours worked. If your employer violates wage laws, you can file a complaint with the U.S. Department of Labor Wage and Hour Division. Many state labor departments also have dedicated programs for wage theft enforcement.

Workplace Safety: The Occupational Safety and Health Administration (OSHA) requires employers to provide a workplace free from recognized hazards. Immigrant workers are disproportionately employed in dangerous industries — agriculture, construction, meatpacking, and cleaning services. You have the right to request a workplace safety inspection and to report hazards without retaliation. OSHA investigates complaints even if workers are undocumented, and retaliation for reporting safety violations is illegal.

Retaliation Protections: One of the most important protections is the right to report violations without fear of retaliation. Employers cannot fire, demote, threaten, or report you to immigration authorities in retaliation for exercising your workplace rights. This is true even for undocumented workers. Using immigration status as a threat to silence a worker who has complained about wages or safety is itself a violation of federal law. The National Labor Relations Act also protects immigrant workers' rights to organize and join unions.

Your rights don't stop at the workplace door, and they don't depend on your immigration status. If you experience discrimination, wage theft, or unsafe conditions, document everything: dates, what was said, witnesses, pay stubs, and any written communications. Contact a workers' rights organization or legal aid provider in your area. Find resources near you through Inmigrante.Help. Technical platform supported by www.Media4U.Fun.