California Labor Laws Extend to Undocumented Workers

Sacramento, CA The fight for leadership of the Republican Party has again brought the plight of undocumented workers to the forefront of the media, although for dubious reasons. What gets lost in the discussion of building walls and keeping undocumented residents out of the U.S. is the extreme hardship and difficulty many face in their employment. Because undocumented workers are afraid of consequences if they complain about employee treatment, California labor violations of foreign workers’ rights are widespread.

The truth is, however, even undocumented workers can file complaints about workplace violations without having their residency called into question. A 2002 California law provides undocumented workers full protection under state and federal law. In other words, if a worker who does not have legal documentation has his or her rights violated by an employer, he or she can file a claim against the employer.

This includes violations of discrimination laws. In 2014, according to the Los Angeles Times (6/26/14), California’s Supreme Court ruled that an undocumented worker who alleged he suffered disability discrimination was eligible for protection. Vicente Salas filed a discrimination lawsuit against his employer, alleging he was retaliated against for filing a workers’ compensation claim. The workers’ compensation claim was filed when Salas injured his back while at work.

Although the lawsuit was dismissed by two lower courts - after the employer found out allegedly Salas used someone else’s Social Security number to obtain employment - California’s Supreme Court found Salas could sue for back pay. In its ruling, the court noted the employer had to pay legally mandated wages to employees. Job protections extend to all workers “regardless of immigration status,” the Supreme Court wrote.

Many immigrants who enter the U.S illegally do not speak up about on-the-job violations because they are afraid of deportation. This means they are vulnerable to workplace abuses, although they have the same rights as all other employees.

Among the employment protections undocumented workers are entitled to are minimum wage, overtime, workplace safety - including protection from harassment and assault - certain discrimination laws and retaliation. Furthermore, it is illegal for an employer to report or threaten to report undocumented workers in retaliation for asserting their rights. If these rights are violated, workers can file claims against their employers.