28 Mar Undocumented Workers and Wages
Regarding undocumented workers and wages, the most important thing is that wage and hour laws apply to undocumented persons. Immigration is a matter of Federal Law and separate from wage and hour laws. But under California State Law, employers cannot withhold compensation solely based on your immigration status. As such, undocumented workers can sue their employers for unpaid wages.
A number of factors determine whether you can recover the compensation you’ve earned. But your immigration status should not be one. There may be some other reason an undocumented worker cannot recover unpaid wages, but immigration status alone shouldn’t be a problem.
Of course, in practice, other issues arise around undocumented workers and wages. Specifically, undocumented workers often fear interacting with the legal system. This may prevent them from pressing claims for unpaid wages. This is perfectly understandable, but employers often take advantage of this dynamic. Accordingly, undocumented workers are more likely to be the victims of wage theft or unlawful employment practices. While concerns about interaction with the legal system are understandable, undocumented persons should at the very least contact an employment attorney to discuss potential claims.
If you believe that your employer has violated California wage and hour laws, contact the Khadder Law Firm Today for a free consultation.