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Does your legal status matter when making a wage theft claim?

On Behalf of | Oct 12, 2023 | Employment Law |

One common issue that undocumented workers face is that employers may not pay them the full amount they have earned. What should these workers know about wage theft and their rights?

What forms of wage theft might immigrants experience?

Unfortunately, many employers do not respect the rights of undocumented workers. This can lead businesses to deny them fair pay in various ways. This wage theft can include:

  • Receiving less than minimum wage
  • Not receiving overtime pay
  • Not being paid for breaks of less than 30 minutes
  • Being forced to work without pay

As a result, undocumented workers may not receive the full pay they have earned.

All wage theft is a violation of the law.

All employers are subject to labor law, no matter the legal status of their employees. As a result, the United States Department of Labor can hold them responsible for wage and hour violations against any non-exempt worker, including undocumented workers.

Undocumented workers are also protected from retaliation.

The law forbids employers from retaliating against workers who stand up for their rights. This includes undocumented workers.

However, some employers still use the threat of retaliation to prevent workers from reporting or to punish them for making a report. This is a significant risk for immigrants, who may face threats of reports to United States Immigration and Citizenship Enforcement (ICE) and other retaliation based on their immigration status.

If your employer has mistreated you, you deserve to understand your rights and have legal guidance. An experienced attorney can help you protect yourself while you hold your employer responsible for wage theft.