IMMIGRANT WORKERS’ RIGHTS
All workers, including documented and undocumented immigrant workers, are protected by many U.S. employment and labor laws. Rights that may apply to workers depending upon the circumstances include:
Right to be paid. In most instances, workers have the right to be paid minimum wage ($5.15 an hour) and to receive overtime pay for work over 40 hours a week. If workers do not receive all of the wages for the time they actually worked, they can take action to recover those wages.
Right to be free of discrimination. It is illegal for an employer to discriminate against or harass workers based on race, color, religion, age, disability, national origin or sex.
Right to organize. In most workplaces, it is illegal for an employer to punish or threaten workers for organizing with others to improve their working conditions.
Right to be safe on the job. Workers are protected by workplace health and safety laws at their worksites.
Right to benefits if injured on the job. In most states, workers who are injured on the job are entitled to the protections of state workers’ compensation laws.
Right to unemployment payments. In most states workers who are fully or partially unemployed, looking for work, and have valid work documentation are eligible for unemployment insurance benefits.
Additional information for documented and undocumented workers helping to clean-up and rebuild the Gulf Coast region attached below.
Immigrant Worker Rights: The Right to be Paid - English
IRS Fact Sheet: Reconstructing Your Records.doc