Agencies reaffirm that all employees are entitled to workplace fairness.
Immigration has been a hot button issue in national politics over the last year, with many politicians and others getting into heated debates over what they see as a major issue — the right of immigrants to live and work in the United States. Whatever side of the issue you fall on, most people can likely agree that those immigrants who are working here deserve to be treated fairly and in accordance with the law. This year, three federal agencies reaffirmed that commitment, issuing a joint fact sheet outlining the rights of workers who assert their rights in the workplace — regardless of immigration status.
The Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued this fact sheet explaining that employees are protected from retaliation, such as being fired or demoted, for taking protected actions in the workplace, such as filing a complaint about a violation of workplace rights. The fact sheet emphasized that all employees — whether they are citizens, permanent residents, or undocumented immigrants — are entitled to this protection.
Under the Fair Labor Standards Act (FLSA), all employees are entitled to minimum wage and overtime pay for the hours that they work. If they file a complaint about a failure to receive the wages that they are entitled to under the law, they are protected from retaliation, regardless of their employment status. According to experienced employment lawyers, employers are not allowed to report unauthorized or undocumented workers to immigration authorities in retaliation for filing a wage claim under FLSA. Similarly, if an undocumented worker files a complaint regarding workplace safety pursuant to the Occupational Safety and Health Act (OSHA), he or she is protected from retaliation. The same applies to making complaints under the whistleblower provisions of other federal laws, anti-discrimination laws that are enforced by the EEOC, and the activities regulated by the NLRA (such as attempting to form a union or engaging in union activities).
However, as a seasoned employment lawyer will explain, although employers may not retaliate against undocumented workers for filing complaints, their remedies for violations of federal and state law may be limited if they are not authorized to work in the United States. They may not be awarded reinstatement or back pay that a documented worker or citizen employee would be entitled to, but they could still be entitled to other remedies, such as unpaid wages for work already performed.
Filing a complaint against an employer for illegal, discriminatory or unsafe workplace behavior is always complex. It can be even more daunting if you are an undocumented immigrant. Speaking with a skilled employment lawyer can help you understand the full range of options available to you, which may include filing a complaint.
At PLBH, our attorneys have more than forty years of experience helping workers get compensation for illegal and discriminatory employment practices. We will work with you to help you get justice. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a free initial consultation.