Your Rights as an Immigrant Worker
- THE RIGHT TO BE PAID FOR ALL HOURS WORKED. You have a right to receive the minimum wage and payment for all hours worked — including overtime pay.
- THE RIGHT TO ORGANIZE TO IMPROVE WAGES AND WORKING CONDITIONS. You have the right to organize to improve wages and working conditions, to vote in union elections, and to bargain collectively with your employer.
- THE RIGHT TO A SAFE WORK ENVIRONMENT. You have the right to say no to work that will put you in immediate danger of serious harm.
- THE RIGHT TO BE FREE FROM DISCRIMINATION. You cannot be fired, harassed, or not hired because of your national origin, race, color, sex, pregnancy, religion, age or disability.
- THE RIGHT TO BE FREE FROM RETALIATION. Your employer cannot use your immigration status as an excuse to fire you if the real reason is discriminatory or because you joined with a coworker to complain about working conditions. It is illegal for your employer to report you to ICE in retaliation for asserting the rights mentioned here.
Know Your Rights: Labor Organizing and Protections for Immigrants
Can ICE take action against me if I stand up for rights in the workplace?
As the policy stands now, during a labor dispute, ICE will generally not:
- Take actions that interfere with exercising your labor rights
- Demand more work authorization documents – requiring an employer to provide more proof of your permission to work
However, the Biden-era freeze on workplace raids, which ended massive workplace raids, is no longer in effect in the current administration. As such, while ICE would generally stay away from workplaces where a labor dispute is taking place, please consult with a workers’ rights organization, or your union, if you are afraid to exercise your labor rights.
What is a labor dispute?
- A labor dispute is when a worker’s rights are violated and the worker chooses to be public about the violation either by speaking up or filing a charge or complaint. This includes a worker’s right to:
- Organize a union
- Participate in union activities
- Join the fight for a contract
- Fight for higher wages, overtime pay, breaks, fair scheduling, medical leave
- Refuse to work in unsafe conditions
- Complain about discrimination or harassment because of race, nationality, color, sex, age, religion, disability, or pregnancy
- Be free from retaliation by an employer
What kind of proof might there be of a labor dispute?
- A notice showing bargaining is taking place (FMCS Notice)
- A wage and hour complaint filed with DOL
- An unfair labor practice charge with the NLRB
- A petition showing union organizing taking place
- A charge of discrimination with the EEOC
- An OSHA complaint about unsafe working conditions
- A letter to a government agency stating that organizing is taking place
- A letter/petition with workplace demands that has been delivered by a group of workers to an employer or raised in a meeting
What rights do I have if my boss brings up my immigration status?
- An employer’s threats to call immigration, calls to immigration, or demands for more work permission documents may be an unlawful retaliatory act.
- Contact the union organizer you work with, or a workers’ rights organization, to create a plan.
Biden-era Labor-Based Deferred Action Process
The status of this Biden-era streamlined process is currently uncertain, and the current administration is likely not processing these requests. Please consult with a reputable immigration service provider for further details on this or any other immigration relief that may be available to you.
