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Expert Personal Injury Representation When You Need It Most
UNDOCUMENTED WORKERS
Practice Areas
Automobile Accident
Truck Accident
Motorcycle Accident
Bicycle Accident
Pedestrian Accident
Slip and Fall Accident
Premises Liability
Product Liability
Medical Malpractice
Dog Bites
Wrongful Death
Defective Drugs
Class Action
Rear End Accidents
Drunk driving accident attorney
Passenger Accident
Heavy equipment accident attorney
Nursing home neglect attorney
Defective product attorney
What is Workers’ Compensation?
What to do After a Work Injury
Injured Worker Right to Medical Treatment
Injured Worker Rights To Temporary Disability Benefits
Injured Worker Right’s To Permanent Disability Benefits
Injured Worker’s Rights to Voucher
Injured Worker’s Rights to Death Benefits
Discrimination Against Injured Worker
Workers’ Comp Settlement Options
Serious & Willful Claim
Catastrophic Injury attorney
Workplace Injuries
Repetitive Stress Injuries
Occupational Diseases
Construction Accidents
Slip and Falls at Work
Workplace Chemical Exposure
Hearing Loss Claims
Workers’ Compensation Appeals
Burn Injuries
Brain Injuries
Spinal Cord Injuries
Denied Workers’ Compensation Claims
Delayed Workers’ Compensation Claims
Disability Claims
Medical Benefits Claims
Liability Claims
Back and Neck Injuries
Fatal Workplace Accidents
Office-Related Injuries
Workers’ Compensation Benefits for Coronavirus
Harassment and Discrimination Attorney
Job discrimination attorney
Wrongful termination attorney
Pregnancy discrimination attorney
Age discrimination attorney
Disability discrimination attorney
Racial discrimination attorney
Religious discrimination attorney
Gender discrimination attorney
Sexual harassment attorney
Whistleblower attorney
Glass ceiling attorney
Lactation accommodation attorney
Non-Competition Clauses
Employment At-Will & Breach of Employment Contract
Implied & Oral Contracts
Unpaid Wages & Overtime
Unpaid Wages & Overtime Attorney
Overtime Exemption
Overtime Executive Exemption
Overtime Administrative Exemption
Overtime Professional Employee Exemption
Overtime Computer Professional Exemption
Overtime Outside Salesperson Exemption
Meal Breaks
Rest Breaks
Accrued vacationTips and Gratuity
Commission and internal salesperson
Unlawful deductions requirement
Holiday pay requirements
Independent contractor vs. employee
Minimum wage
Paydays and Pay Period
Reporting time requirements
Split shift requirements
Waiting time penalty
Alternative work schedule
Cash Pay Under the Table
MAIN OFFICE
5839 Pine Ave Suite A Chino Hills CA 91709
E-MAIL
info@rawalaw.com
TELEPHONE
844-444-1400
WORKING HOURS
Monday to Friday
From 8:00 am to 5:00 pm
Rights of Undocumented Workers
UNDOCUMENTED WORKERS, NO PROBLEM! YOU HAVE SIMILAR RIGHTS AS DOCUMENTED ONES.
You may be surprised to know that 3.5% of the United States population is made of undocumented immigrants. This number is quite large in California, which these immigrants making up an astounding 10% of the workforce! Of course, if this many undocumented immigrants are being hired, this means that there is a higher risk that many will become injured as well, right? California has created statutes that reflect upon undocumented immigrants and their rights.You see, over the years there has been a lot of confusion about the rights of undocumented workers employed in California. However, the Department of Industrial Relations stands by its decision that all California workers, no matter what, are entitled to workplace protection. In fact, beginning on January 1, 2016, all workers must receive at least $10.00 per hour minimum wage. They are also entitled to overtime pay, to file claims if they believe the employer has violated wage laws, to file workplace safety and health complaints with OSHA, and work in an environment that is free from retaliation.
The Immigration Reform and Control Act (IRCA)
Technically, undocumented immigrants should not be entitled to the same monetary rights because they are not supposed to be legally authorized to work in the United States. According to the IRCA, heavy sanctions should apply to employers who knowingly hired unauthorized employees. In fact, violations could lead to $10,000 per employee. These same workers should also technically be denied workers’ compensation under the laws. However, state laws step in and make these rights possible.
Many state laws have made undocumented workers eligible for compensation if they are injured on the job. In many states, these workers will receive compensation because the state’s statute specifically includes undocumented employees. In California, as well as many other states such as Arizona, Colorado, Hawaii, North Carolina, Tennessee, and Texas – the state’s statutes expressly include undocumented immigrants.
Understanding Rights: Questioning the Immigrant Status
he California Department of Industrial Relations does not question workers about their immigrant status. Instead, they take many different measures like the following:
- Process wage claims no matter what an immigrant’s status is
- Hold hearings to recover unpaid wages and represent workers even if they are undocumented immigrants
- Investigate undocumented workers’ retaliation complaints and file court orders if the worker was a victim to a retaliation claim
- Vigorously enforce employment laws in California to protect workers to the best of their abilities.
Answers to Frequently Ask Questions From Rawa Law Group
Frequently Asked Questions
No matter what your status is, if you are injured in the workplace in California, you are eligible for workers’ compensation benefits to cover medical treatment and sometimes even lost wages. However, job retraining benefits may not be available in all cases. There are many ways in which you can take action and file a claim form if you have been injured.
No matter what the status, you are protected under health and safety laws. This means that you have a right to any information regarding your health and safety rights as a whole. If you believe that work is unsafe because it would create a hazard to you or a co-worker, you are legally allowed to deny it. When it comes to filing a safety claim, you are permitted to interact your concerns with the California Occupational Safety and Health Administration (OSHA). They will then investigate your health and safety claim and any possible violations.
Yes, you most certainly are. You are protected under the National Labor Relations Act (NLRA) to organize a union, elect a union, and bargain with potential employers. You are also permitted to act in ways that will help improve working conditions for all workers even if there is no union as of yet. Under NLRA, your employer is not permitted to retaliate against you.
However, you have to understand that your remedies will be limited because of your immigration status when it comes to this. If you were unlawfully fired, you will not be able to receive back pay. You will also not be able to get your job back because you do not actually have legal work authorization. You should not be questioned by the National Labor Relations Board about your immigration status if you decide to call to file a union activity claim.
Even in the case of undocumented workers, employers are not permitted to illegally discriminateagainst anyworker. This is stated under Federal and California specific anti-discrimination laws. This means that your employer will not be able to fire you, refuse to hire you, harass you, or take another action against you based on national origin, race, color, sex, pregnancy, religion, age, or disability. However, if you are fired and you suspect it was because of discrimination, it may not be so easy to collect income that you have lost. If you file a discrimination claim, there is always the possibility that you will be eligible for some type of remedy.
If you’ve been involved in an undocumented worker, don’t hesitate to seek the legal assistance you deserve.
I want to file a claim against my employer. Should I be aware of any risks involved with this?
Yes, there are many risks. Of course, they go hand in hand with the anti-retaliation laws and you still have protections. An employer, for instance, may threaten to report you to the Department of Homeland Security; however, this is retaliation and is an illegal way for you to lose your job.
So, to answer the burning question that many of you probably have: Yes, undocumented workers in California still have rights. However, you must understand the laws in your state regarding what employers can and cannot do. If you are an undocumented worker and you believe you are being discriminated against or just generally being denied rights, speak to an attorney today. At The RAWA Law Group, we can help you every step of the way.
Areas we serve
Areas we serve
Areas we serve
Areas we serve
Workers'Comp Practice Areas
At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:
Workers'Comp Practice Areas
At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:
Personal Injury Practice Areas
At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:
Personal Injury Practice Areas
At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include: