Wage theft is one of the most common violations in California workplaces, and undocumented employees are often among the most vulnerable. Many workers hesitate to speak up because they fear their immigration status could be used against them.
California law provides strong protections for all employees, regardless of immigration status, and employers are not allowed to use a worker’s background or documentation as a reason to deny lawful wages.
Are Undocumented Workers Protected by California Labor Laws?
In California, undocumented workers have the same wage and hour rights as any other employee. A worker’s immigration status does not affect their right to earn minimum wage, overtime pay, meal and rest breaks, or other workplace protections.
Legal Protections Under State Law
The key law that ensures undocumented workers’ rights is California Labor Code § 1171.5, which explicitly states that immigration status does not affect a worker’s entitlement to wages or workplace protections.
Additionally, the California Fair Employment and Housing Act (FEHA) and the Private Attorneys General Act (PAGA) allow workers, documented or not, to take legal action against employers that violate their rights.
What Counts as Wage Theft?
Wage theft occurs when an employer unlawfully withholds or fails to pay wages owed to an employee. For undocumented workers, this can take many forms, including:
- Paying below minimum wage
- Failure to pay overtime (more than 8 hours in a day or 40 hours in a week)
- Forcing employees to work off the clock
- Illegal deductions or withholding of tips
- Misclassifying employees as “independent contractors”
- Not providing meal or rest breaks
- Failing to issue final paychecks after termination
Even if they were paid in cash or without formal documentation, workers still have the right to be paid fairly for their work.
Can Undocumented Workers File a Wage Theft Claim?
Undocumented workers can file a wage claim with the California Labor Commissioner’s Office or sue their employer in civil court for unpaid wages. State agencies do not report workers to immigration authorities, and their immigration status cannot be used against them in these cases.
Filing a Claim Through the Labor Commissioner
Workers can submit a claim through the Division of Labor Standards Enforcement (DLSE). The DLSE investigates complaints, holds hearings, and can order employers to pay back wages, penalties, and interest.
Filing a Civil Lawsuit
Alternatively, workers can file a lawsuit with the help of an employment attorney, which may allow for greater recovery, including:
- Unpaid wages and overtime
- Interest and penalties
- Attorney’s fees
- Compensation for emotional distress or retaliation
Protection Against Workplace Retaliation
California law strictly prohibits employers from retaliating against workers who exercise their rights, even if they are undocumented. Under Labor Code § 98.6, an employer cannot fire, demote, or threaten a worker for filing a complaint or reporting labor violations. If an employer threatens to call immigration authorities, that is a form of unlawful retaliation and can lead to additional penalties.
How an Employment Lawyer Can Help
An experienced California employment law attorney can help undocumented workers navigate the legal process with confidentiality and care. For instance, an employment lawyer can:
- Help gather evidence of wage theft
- File claims and represent you before the Labor Commissioner
- Protect worker identities
- Negotiate or litigate for maximum compensation
Law firms that practice employment law understand the unique challenges undocumented workers face and handle each case safely and professionally.
Contact Our California Employment Lawyers
If undocumented workers believe that they have been a victim of wage theft, they are protected and have the right to recover what they earned.
Lawyers for Justice, P.C. is a top-rated employment law firm with over a decade of experience. The legal team can help undocumented workers pursue the justice they rightfully deserve. From the moment individuals sign with Lawyer for Justice, P.C., the talented legal team crafts a personalized legal strategy to maximize compensation and pursue justice .
Call 818-JUSTICE or fill out our online contact form today for a free, confidential consultation.