California is home to one of the largest and most diverse immigrant workforces in the country. From the agriculture and hospitality industries to technology and healthcare, immigrant workers are the backbone of our economy – yet many face a number of issues in the workplace including unsafe conditions, wage theft, and workplace discrimination. Whether you’re undocumented, on a visa, or in the process of gaining legal status, you still have rights under California law.
At our employment law firm, we proudly stand with immigrant workers across California, offering legal support rooted in compassion and strength.
What Rights Do Immigrant Workers Have in California?
Whether you are a citizen or not, California law protects you in the workplace. Here’s how:
1. Wage & Hour Protections
All workers, regardless of immigration status, are entitled to:
- Minimum wage
- Overtime pay
- Meal and rest breaks
- Reimbursement for work-related expenses
- Protection from wage theft or withheld pay
Example: If your employer refuses to pay you for overtime hours or off-the-clock work, you can file a wage claim regardless of your immigration status.
2. Anti-Discrimination Protections
Under California’s Fair Employment and Housing Act (FEHA), it’s illegal for an employer to discriminate based on:
- Immigration status
- National origin
- Accent or language use
- Race, ethnicity, or ancestry
You have the right to work in an environment free from harassment and bias, no matter your background or proficiency in English.
3. Protection from Retaliation
It is illegal for an employer to retaliate against you for engaging in protected activity, including:
- Filing a labor complaint
- Reporting unsafe working conditions
- Participating in a workplace investigation
- Joining a union
Even if you are undocumented, your employer cannot threaten to report you to immigration authorities in retaliation of you engaging in protected activity. California law considers this a form of unlawful retaliation.
4. Workplace Safety
All workers have the right to a safe and healthy work environment. You can:
- Report unsafe conditions to Cal/OSHA
- Refuse to perform dangerous tasks
- Receive protective equipment and safety training
Even during emergencies like wildfires or pandemics, employers must follow health and safety protocols for all workers – including those on temporary or undocumented status.
What About Immigration Status? Will Reporting a Violation Put Me at Risk?
California law prohibits employers from using immigration status as a weapon to silence workers. In fact:
- State labor agencies cannot ask about your immigration status.
- Labor claims can be investigated and enforced regardless of immigration status.
- Your employer cannot fire or threaten you for asserting your legal rights.
In 2019, California strengthened protections with Assembly Bill 450, Senate Bill 54, and other sanctuary workplace laws that limit federal immigration enforcement in workplaces without proper warrants.
How to Get Legal Help and Protection
We understand that coming forward can feel risky, but you are not alone. Our legal team is here to protect and empower you.
What We Offer:
- Free confidential consultations with no immigration questions asked.
- Multilingual legal support.
- Aggressive representation in cases of wage theft, discrimination, retaliation, and more.
- Community connections to immigrant rights groups and worker centers.
You Deserve Respect. We’re Here to Help.
If you are an immigrant worker facing abuse or unfair treatment on the job, you deserve to be heard and protected. Your immigration status does not negate your rights. With offices across California, we’re here to help you understand your options, assert your rights, and take action. Let’s build a more fair workplace together. Your story matters. Reach out for a free, private consultation and take the first step toward justice.
