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Immigrant Workers’ Rights

What is a immigrant worker?

An immigrant is someone who has emigrated from one place of origin to another, such as a person born and raised in India and has moved to England, this person is called an immigrant. An immigrant worker is a person who leaves one country to settle permanently in another and gain employment.

Can an illegal immigrant worker complain about workplace sexual harassment?

In most situations the answer would be yes, there is no requirement that the person be in the US legally in order to be able to file Sexual Harassment charges or a lawsuit. The employer may be able to use that to limit the damages but not to prevent the filing.

What is a illegal immigrant workers rights on getting paid overtime and minimum wage?

You can file a claim with the DIR, see http://www.dir.ca.gov/dlse/dlseWagesAndHours.html and your immigration status does not matter.

California Labor Code § 1171.5. The Legislature finds and declares the following:

(a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.

(b) For purposes of enforcing state labor and employment laws, a person's immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person's immigration status except where the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.

(c) The provisions of this section are declaratory of existing law.

(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

What can an immigrant worker do if they were not paid overtime, given w2’s or had social security held out of their pay by their employer

They can file a complaint with the Department of Labor (DOL) for violation of the Fair Labor Standards Act (FLSA). The DOL will investigate their complaint and can file a lawsuit on their behalf and demand Back Pay, and also impose punitive fines on the employer for intentional misconduct. They can also pursue a civil lawsuit against the employer, and seek damages for lost wages, as well as punitive damages and attorney's costs and fees.

However, if they worked but taxes were not withheld by the employer and they did not file income taxes, they may be liable for the taxes that were not paid.

If you know of someone that has an illegal immigrant working for them, who do I need to inform?

You would contact the IRS and The Department of Homeland Security-Details that would need to be provided would be:

Employer Name
Employer Address
Type of business
and your estimate of the extent of the tax avoidance.

Internal Revenue Service (IRS) Criminal Investigations
and Fraud National Hotline 1-800-829-0433.

Immigrant workers often termed “undocumented or “guest” workers, include farm workers, day laborers, and domestic workers. These individuals are either minimally protected or are exempt from wage, hour, safety and collective bargaining regulations normally governed by the Fair Labor Standards Act, Occupational Safety and Health Act and the National Labor Relations Act. Due to the lack of workplace regulations, these individuals are often left vulnerable to rampant workplace abuse and exploitation. If you have immigrant worker questions about immigrant worker rights, you can ask an Expert for fast affordable answers.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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Employment Lawyers are Online Now

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  • 100% Satisfaction Guarantee
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Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Immigrant Questions

  • My wife immigrated to the united states in 2010 and finally

    My wife immigrated to the united states in 2010 and finally landed a job with her current company in 2012. This past year she has been harrassed by her co worker and this has been reported to not only her supervisor and manager, but also to the human resource department on multiple occassion. Her co worker has witness such acts and has even received a threat upon my wife via text message. My wife also has recordings of the verbal abusive that been afflected towards her from this individual. The company acknowledges this and has only gave a verbal warning to this individual. This person has also physically abused my wife by stepping on her feet and walking into her on multiple occassion. My wife feels that the company is not going to reprimand this person for their action and feels that she is in an unsafe work environment. She feels stressed out and even informed me that she may have heart problems as a result to the harrassment. She reported another incident to her manager about two weeks ago and the manager stated that they will wait until the supervisor return from vacation to reslove this issue. A week has gone by and nothing has changed. Can we press legal charges against this individual and the company for the harrassment?
  • Am I required to disclose my social security number to my

    Am I required to disclose my social security number to my employer? Why does he need it? Would a passport be sufficient instead? It is a factory job, but could my employer find out, based on my social security number alone, where I went to college, what
    I studied in college and whether or not I completed my degree, even though that information is not available anywhere online?
  • Hi I am an immigrant worker on H1B visa. On my offer letter,

    Hi I am an immigrant worker on H1B visa. On my offer letter, my employer promised to pay all the visa related costs. They never told me how much they paid for these visa renewals.
    6 years after I was hired and a few weeks before I had to renew the work visa again, they asked me to sign a new agreement which stated that I'd have to work another 4.5 years for them, otherwise I'd have to pay back a certain amount of the visa costs that they paid for me.
    I know that "employers may receive “bona fide liquidated damages from an H-1B nonimmigrant worker who ceases employment with the employer prior to an agreed date, which will depend on how the damages are characterized in the immigration context such as if it was attorneys’ fees or filing fees and also on whether state law deems the damages lawful.
    Is my company's request legal in New Jersey? If so, what fees my employer will be entitled to be reimbursed if I quit my job prior to the 4.5 years?
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