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Notes from an Employment Law Attorney: Retaliation is Unlawful Regardless of a Worker’s Immigration Status

The ability of immigrants to live and work in the United States has been a contentious topic in national politics during the past year, with many politicians and others engaging in acrimonious disputes about it.

Regardless of your position on the matter, the majority of people probably concur that foreigners who work here should be treated properly and in compliance with the law. Three federal agencies have reiterated their dedication to this goal by releasing a joint fact sheet explaining the rights of all employees who stand up for their rights at work, regardless of their immigration status.

Keep reading to learn more. If you have been the victim of retaliation after reporting unsafe work practices, contact PLBH at (800) 435-7542 to learn about whistleblower protections.

What the protections cover

This fact sheet from the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) explains how workers are protected from retaliation in the workplace, such as being fired or demoted, for engaging in protected actions, like reporting a violation of workplace rights. The fact sheet stressed that all employees are entitled to this protection, regardless of whether they are citizens, lawful permanent residents, or illegal immigrants.

Everyone is entitled to the minimum wage, overtime pay, and a safe work environment

All employees are entitled to the minimum wage and overtime compensation for the hours they work under the Fair Labor Standards Act (FLSA). Regardless of their work status, individuals are shielded from retaliation if they submit a complaint about not receiving the pay to which they are legally entitled.

Employers are not permitted to disclose undocumented or unauthorized workers to immigration authorities in retribution for making a FLSA wage claim. The Occupational Safety and Health Act (OSHA) protects illegal workers from retaliation if they register a complaint about workplace safety.

The same holds true for filing complaints under the whistleblower provisions of other federal statutes, for the actions covered by the NLRA, and for anti-discrimination legislation that are enforced by the EEOC (such as attempting to form a union or engaging in union activities).

You have rights if you have been retaliated against

The remedies available to undocumented workers for violations of federal and state law may be constrained if they are not permitted to work in the United States, despite the fact that employers may not retaliate against them for filing complaints. They might not be granted the reinstatement or back pay that a citizen employee or documented worker would be entitled to, but they might still be eligible for other remedies, such unpaid compensation for labor already done.

Let us help you if you have been the victim of unfair or unsafe workplace practices

It is never simple to file a complaint against an employer for unethical, discriminatory, or dangerous workplace activity. If you are an illegal immigrant, it may seem much more frightening. You can better understand all of your choices, which can include filing a complaint, by speaking with an experienced employment lawyer.

Our attorneys at PLBH have helped workers obtain compensation for unlawful and unfair workplace practices for more than 40 years. We’ll cooperate with you to see that justice is served. For a free first consultation, call (800) 435-7542 or email info@plblaw.com right now.