Sacramento, CAWhile immigration is at the forefront of discussions during the presidential campaign, the plight of undocumented workers and their legal struggles are also an important talking point. And although states may attempt to skirt federal laws - and employers may attempt to ignore federal laws entirely - undocumented workers in California and other states are entitled to some protections, to ensure unethical employers do not take advantage of them.
In 2014, the California Supreme Court ruled in favor of Vicente Salas, who filed a lawsuit against his employer, alleging he was fired in retaliation for filing a workers’ compensation claim and did not have his disability accommodated after he was injured on the job. The Los Angeles Times (6/26/14) reports Salas was working for Sierra Chemical Co., and injured his back while working.
Salas, who was an undocumented worker, got his job by using someone else’s Social Security number. Initially, his lawsuit was dismissed but the state high court found that Salas could sue for back pay until the time his employer became aware he was working illegally.
Federal immigration law makes it illegal for an undocumented worker to use false documents to get a job, but does not prevent employers from paying employees for work done while the employer does not know about the worker’s immigration status, the court found.
According to the court, California state law protects all workers, and they are entitled to protections, regardless of their immigration status. Unfortunately, many undocumented workers are not aware of this protection, and become victim to unethical employers who use the situation to underpay and mistreat employees.
A 2014 report from the Pew Research Center (11/18/14) found that California is home to the most undocumented immigrants, with nearly 2.5 million living in that state. That means that undocumented immigrants make up just over six percent of California’s population. The same study suggests that almost one-tenth of California workers are undocumented.
Across the United States, there are around 11.2 million undocumented immigrants. A 2009 study called “Broken Laws, Unprotected Workers” (found online at nelp.org) found rampant violations of federal wage and hour laws - including minimum wage, overtime and rest break violations - among workers in low-wage industries.
Undocumented workers are entitled to wage and other employment protections. If their rights are violated, they may be eligible to file a lawsuit against their employer.