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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.
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