Workplace Rights for Immigrants
Written in plain language for general understanding. This is educational content, not legal advice. Based on federal statutes and official sources.
What is this right?
Federal labor laws protect all workers in the United States, regardless of immigration status. This means undocumented workers have the same rights as citizens when it comes to minimum wage, overtime pay, safe working conditions, and protection from discrimination.
The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., guarantees minimum wage and overtime. The Occupational Safety and Health Act (OSH Act), 29 U.S.C. § 651 et seq., protects workplace safety. Employers cannot threaten to call ICE or report you to immigration authorities as retaliation for asserting your workplace rights. Federal agencies like the Department of Labor (DOL) and the National Labor Relations Board (NLRB) enforce these protections for all workers.
When does it apply?
These rights apply when:
- You work for an employer in the United States, regardless of your immigration status
- Your employer pays you less than minimum wage or does not pay overtime
- Your workplace is unsafe or your employer ignores safety hazards
- Your employer threatens to report you to ICE for complaining about working conditions
- You are discriminated against because of your national origin or citizenship status
Common misconceptions:
- "Undocumented workers have no rights" — False. The Supreme Court ruled in Sure-Tan, Inc. v. NLRB, 467 U.S. 883 (1984), that undocumented workers are "employees" under federal labor law.
- "My employer can call ICE if I complain" — Threatening to report a worker to immigration authorities as retaliation for exercising labor rights is illegal. It violates federal anti-retaliation laws and INA § 274B (8 U.S.C. § 1324b).
- "I can't file a complaint because I don't have papers" — The Department of Labor does not ask about immigration status when investigating wage and hour complaints. OSHA also does not inquire about status.
- "Employers can pay undocumented workers less" — No. The FLSA applies to all employees regardless of immigration status. Employers who pay below minimum wage or skip overtime face the same penalties regardless of the worker's status.
What should you do?
Step 1: Keep records of your work hours, pay stubs, and any communications with your employer. Write down your hours every day if your employer does not track them. Save text messages, emails, and notes about conversations with your boss.
Step 2: File a wage complaint with the Department of Labor's Wage and Hour Division (WHD) at 1-866-487-9243 or dol.gov/agencies/whd. You do not need to provide your immigration status.
Step 3: Report unsafe conditions to OSHA at 1-800-321-6742 or osha.gov. You can file a complaint anonymously. OSHA protects workers who report safety violations from retaliation under Section 11(c) of the OSH Act.
Step 4: If your employer retaliates by threatening to call ICE, document the threat (write down what was said, when, and who was present) and contact a workers' rights attorney. This type of retaliation is itself a violation of federal law.
Step 5: Contact a workers' rights organization for support. The National Employment Law Project (NELP) at nelp.org and your local legal aid office can help you understand your options and connect you with free legal representation.
What should you NOT do?
Don't be afraid to file a complaint. Federal labor agencies like the DOL and OSHA do not enforce immigration law. They are focused on protecting workers, not checking immigration status.
Don't accept less than minimum wage. The federal minimum wage ($7.25/hour) applies to all workers. Many states and cities have higher minimums. You are entitled to the highest applicable rate.
Don't sign documents you don't understand. If your employer asks you to sign waivers, arbitration agreements, or other documents, have them reviewed by an attorney or legal aid organization first — especially if they are not in your language.
Don't believe employer threats about deportation. An employer who threatens to report you to ICE for exercising your rights is breaking the law. Document these threats and report them.
Don't go it alone. Join or organize with your coworkers. The National Labor Relations Act protects your right to engage in "concerted activity" — working together to improve conditions — regardless of immigration status.
How District of Columbia differs from federal law
D.C. provides strong workplace protections for all workers, including immigrants:
- D.C. Wage Theft Prevention Amendment Act (2014): Strengthened penalties for wage theft and made it easier for workers to recover unpaid wages. Employers face treble damages and penalties. Applies to all workers regardless of immigration status.
- D.C. minimum wage: D.C. has one of the highest minimum wages in the country at $17.50/hour (2025), with annual increases tied to CPI. Tipped workers must earn at least $10.00/hour before tips.
- D.C. Human Rights Act (D.C. Code § 2-1402.11): Prohibits employment discrimination based on national origin, ethnicity, and language. Immigrant workers are protected from workplace discrimination.
- D.C. Language Access Act (D.C. Code § 2-1931 et seq.): Requires D.C. government agencies, including labor enforcement agencies, to provide services in major non-English languages, ensuring immigrant workers can file complaints and access protections.
- Workers' compensation (D.C. Code § 32-1501 et seq.): All workers in D.C., regardless of immigration status, are covered by the D.C. Workers' Compensation Act for on-the-job injuries.
Additional Steps in District of Columbia
File a wage claim with the D.C. Department of Employment Services (DOES) at does.dc.gov or call (202) 671-1880. Report wage theft to the D.C. Attorney General's office at oag.dc.gov. Contact the Washington Lawyers' Committee for Civil Rights at washlaw.org for free legal help.
Relevant Law: D.C. Code § 32-1301 et seq. (Wage Payment Act), D.C. Code § 32-1003 (minimum wage), D.C. Code § 2-1402.11 (Human Rights Act — employment), D.C. Code § 32-1501 et seq. (workers' compensation), D.C. Code § 2-1931 et seq. (Language Access Act)
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