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 Pennsylvania differs from federal law
Pennsylvania provides core labor protections to all workers regardless of immigration status:
- Minimum wage and overtime: All workers in Pennsylvania, regardless of immigration status, are entitled to the state minimum wage ($7.25/hr) and overtime protections under the PA Minimum Wage Act.
- Workers' compensation: Pennsylvania workers' compensation covers all employees, including undocumented workers, who are injured on the job. The employer cannot use immigration status as a defense to deny benefits.
- Anti-retaliation: Federal law (including NLRA and FLSA) prohibits retaliation against workers for exercising labor rights, regardless of immigration status. Employers cannot threaten immigration enforcement as retaliation.
- Occupational safety: Federal OSHA protections apply to all workers, including undocumented workers, in Pennsylvania.
- Limited state protections: Unlike Illinois, Pennsylvania does not have specific state-level immigrant worker protection laws. Workers rely on federal protections and general state labor laws.
Additional Steps in Pennsylvania
File wage complaints with the PA Department of Labor & Industry at (717) 787-4671. For workers' compensation claims, consult an attorney. Contact HIAS Pennsylvania or the Philadelphia Worker Center for immigrant worker advocacy. Do NOT disclose immigration status when filing labor complaints.
Relevant Law: 43 P.S. § 333.101 et seq. (PA Minimum Wage Act), 77 P.S. § 411 et seq. (Workers' Compensation Act); Federal NLRA and FLSA apply to all workers
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