Know Your Rights: Undocumented Workers and Workplace Protections Under California Law
Many people believe that undocumented workers in California do not have the same rights as other workers—but that’s simply not true. California law protects all workers, regardless of immigration status. If you are an undocumented worker, it’s important to know your legal rights in the workplace so you can protect yourself from unfair treatment.
Basic Workplace Rights for All Workers in California
In California, labor laws apply equally to everyone. Whether you are a U.S. citizen or an undocumented immigrant, you have the right to:
- Be paid the minimum wage and overtime
- Work in a safe and healthy environment
- Rest and meal breaks during your shift
- Report unsafe working conditions
- Be free from discrimination and harassment
These rights are enforced by agencies like the California Labor Commissioner’s Office and Cal/OSHA. These agencies do not ask about your immigration status when you file a complaint.
Protection Against Employer Retaliation
It is illegal for an employer to punish you for speaking up about your workplace rights. This means your boss cannot fire, threaten, or punish you for reporting:
- Unsafe working conditions
- Unpaid wages
- Workplace harassment or discrimination
California law also protects you if your employer tries to use your immigration status against you. For example, it is illegal for an employer to call immigration authorities as a way to scare you into staying silent about your rights.
Wage Theft and Unpaid Wages
One of the most common problems undocumented workers face is wage theft—when employers don’t pay workers what they’ve earned. This might include not paying overtime or making you work through rest breaks. If this happens to you, you have the right to file a wage claim, even if you’re undocumented.
The Labor Commissioner’s Office will not ask about your immigration status or share your information with immigration authorities. You can also have someone help you file the claim, such as a trusted friend or a community organization.
Workplace Injuries and Workers’ Compensation
If you get hurt on the job, you have the right to receive medical care and workers’ compensation benefits, even if you’re undocumented. This includes payment for medical bills and a portion of your lost wages if you cannot work.
Your employer cannot legally deny you this protection or ask about your immigration status when you are filing a claim for a workplace injury.
Conclusion: You Have the Right to Be Treated Fairly
Being undocumented should never mean being mistreated at work. California’s labor laws are designed to protect all workers, regardless of legal status. If you’re facing unfair treatment at work, remember that help is available. Many community organizations offer free legal support and can help you file complaints safely.
Knowing your rights is the first step toward fair treatment. Don’t be afraid to speak up—California law is on your side.
