Individuals who are undocumented might think that they have to deal with whatever an employer chooses to do. There are some specific rights that all employees have, and documentation isn’t a factor when it comes to the protections for employees.
It’s important that all workers understand these points. This can help them ensure that their rights are respected as they work. Violations of any of these can be handled by an attorney.
Right to a workplace free of discrimination
All employees have a right to work in a place that’s free of discrimination or harassment. There are several categories that are protected by the law. These include:
- Gender or sex
- Color, national origin or race
Complaints to the Equal Employment Opportunity Commission (EEOC) is possible when the workers are employed by an employer with more than 15 employees. There are time limits, so these cases must be filed quickly.
Right to receive appropriate pay
Federal wage and hour laws, including those for overtime and meal breaks, apply to all workers. The Fair Labor Standards Act (FLSA), for example, covers all workers. Employees should be paid at least minimum wage for all hours worked, and they must be paid overtime when applicable.
Employers can’t skirt around the pay laws just because an employee isn’t documented. Some might try to scare undocumented workers into thinking that they have to accept less pay, but this isn’t the case.
Any employee, including undocumented workers, who thinks these rights have been should contact an attorney familiar with these matters. Legal action is often possible, regardless of a person’s immigration status.