If you’re an undocumented worker in California, you might be hesitant to speak up about unfair treatment, wage theft, or unsafe work conditions. The fear of retaliation — or even deportation — keeps many immigrant workers silent. But under California law, your immigration status does not erase your rights as a worker. You are protected — and you are not alone. The ACLU’s worker rights guide offers helpful information about what protections you have, regardless of legal status.
Whether you’ve been paid in cash without wage statements, denied breaks, or threatened for reporting abuse, the law is on your side. California’s labor protections for immigrant workers are among the strongest in the nation, designed specifically to protect vulnerable groups — including those without documentation.
Undocumented workers in California have the right to be paid fairly, work in safe environments, and report violations without fear of immigration consequences, thanks in part to laws like the Immigrant Worker Protection Act, which limits how and when employers can cooperate with federal immigration agents.
Employers who exploit undocumented employees are not just acting immorally — they’re breaking the law and can face serious penalties.
At Bibiyan Law Group, we believe all workers deserve respect, safety, and fair pay. This guide outlines your key labor rights, what to do if you’ve been mistreated, and how to take action — regardless of your immigration status.
Do Undocumented Workers Have Employment Rights?
Yes. Under both California and federal labor law, all workers — including undocumented employees — are protected.
This means you are legally entitled to:
Minimum wage and overtime pay
Safe and healthy working conditions
Workers’ compensation if injured on the job
Your immigration status cannot be used by an employer to deny you fair wages or a safe workplace. Employers who exploit or underpay immigrant workers are violating the law.
California Laws That Protect Undocumented Workers
California has some of the strongest worker protections in the nation, with specific laws in place to safeguard the rights of immigrant workers, including those without legal status.
State labor law clearly affirms that all employees are protected, regardless of immigration status. Under Labor Code §1171.5, every worker in California — documented or undocumented — is entitled to the full protection of labor and employment laws. In addition, Labor Code §244 makes it illegal for an employer to retaliate against someone for asserting their rights, even if that includes concerns about immigration status. And Labor Code §1019 prohibits employers from using immigration-related threats to intimidate or silence workers.
Importantly, when you file a wage claim, the California Labor Commissioner (DLSE) will not ask about or report your immigration status. The agency’s focus is on protecting workers — not on immigration enforcement.
Together, these laws are designed to ensure that undocumented workers can safely report wage theft, workplace abuse, or unsafe conditions without fear of retaliation or deportation. Every worker in California has the right to be paid fairly, treated respectfully, and protected under the law.
Want to learn more? Read our full California Employment Rights Guide to understand your protections and next steps.
Common Violations Affecting Immigrant Workers
Unfortunately, undocumented workers are frequently targeted by employers who assume they won’t speak up. Common illegal practices include:
Paying below the minimum wage
Denying overtime or breaks
Unsafe or hazardous work conditions
Threatening immigration reporting
Paying cash with no wage statement
These are all violations of California labor law, and if you’ve experienced any of them, you may be entitled to back pay, penalties, and legal damages.
Case Example: Threatened for Reporting Wage Theft
Eduardo, an undocumented day laborer, worked over 60 hours a week with no overtime pay. When he asked about it, his employer said he would “call immigration” if Eduardo complained.
With help from a wage theft attorney, Eduardo filed a complaint with California’s Labor Commissioner. He recovered over $9,000 in unpaid wages and penalties, and his employer was fined for illegal retaliation.
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Can I File a Claim If I’m Undocumented?
Yes. California law does not require a Social Security number or legal status to file a:
Wage claim (for unpaid wages, missed breaks, or underpayment)
Retaliation complaint
Workers’ compensation claim (for workplace injuries)
The Labor Commissioner’s office and courts are not allowed to share your immigration status with federal immigration authorities.
Even if you’re undocumented, you have legal standing to recover compensation and stop workplace abuse.
Learn More: Wage Theft and Your Rights
If your employer is withholding wages, threatening you, or denying breaks, you could be a victim of wage theft. Visit our Los Angeles Wage Theft Lawyer page for more details on your options and how to take action.
You can also explore our resource on employee rights under California labor law to understand the full scope of protections available to you.
Frequently Asked Questions (FAQs)
A: Yes! California law protects all workers, regardless of immigration status. You have the right to:
Minimum wage ($16/hour as of 2024) and overtime pay.
Meal/rest breaks and safe working conditions.
File claims for wage theft or retaliation.
Workers’ compensation if injured on the job.
A. No. California Labor Code §1019 makes it illegal for employers to threaten immigration-related retaliation (like calling ICE) to silence workers. You can sue them for this.
A: Cash payments don’t erase your rights. Employers must provide wage statements and pay at least minimum wage. You can still file a wage claim with the Labor Commissioner.
A: Yes. The Labor Commissioner does not require legal status to file a claim. You can use an ITIN or other identification. Your immigration status will not be reported.
A: Yes. Undocumented workers are entitled to workers’ compensation benefits for medical care and lost wages, even if paid “under the table.”
A: While employers can’t knowingly hire undocumented workers, they cannot fire or retaliate against you for asserting labor rights (e.g., demanding unpaid wages). This is illegal under Labor Code §244.
A: No. Overtime (1.5x pay after 8 hours/day or 40 hours/week) applies to all workers, including undocumented employees. Misclassification (e.g., as “independent contractors”) is also illegal.
A: This is illegal retaliation. You can sue for damages, and the employer may face fines. California prohibits sharing immigration status to intimidate workers (Labor Code §1019).
A: Generally, 3 years from the date wages were owed. For retaliation claims, file within 6 months of the violation.
A:
California Labor Commissioner’s Office: Handles wage claims confidentially.
Nonprofits & Legal Aid: Organizations like CHIRLA or Wage Justice Center assist immigrant workers.
Law Firms (Like Bibiyan Law Group): Offer free consultations and protect your privacy.
📌 Remember: You have the power to fight back. Employers who exploit undocumented workers often count on fear — but California law is on your side
How Bibiyan Law Helps Immigrant Workers
At Bibiyan Law Group, we stand with undocumented and immigrant workers who face unfair treatment on the job. We’ve helped hundreds of California workers recover the wages they deserve, stop retaliation, and take legal action against abusive employers.
We offer free consultations and confidential case evaluations
You do not need to disclose immigration status
We speak Spanish and serve immigrant communities across California
We only get paid if you win
📞 Speak With a California Labor Attorney Now
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