November 30, 2019
Many people in the workforce today are anxious about their immigration status. Many assume that immigrants here illegally, or even immigrants who have not fully achieved American citizenship are at risk of losing their jobs and their livelihoods at any moment. Fortunately for those already in the workforce, this is not true.
American labor laws are set up to protect anyone who is currently holding down a job. While it is true that it is illegal for someone without a documented and legal status to secure work, the labor laws state the if someone without status actually does secure a position in the workforce, that they cannot be treated unfairly within the workforce.
The Fair Labor Standards Act gives workers the right to a minimum wage and to overtime pay. The National Labor Relations Act protects the right to unionize. If you are in this nation illegally, but are still holding down a job, then these laws apply to you. It is illegal for employers to hold your immigration status over your head in an attempt to exploit your labor.
Picture this: you were brought to American illegally as a child, and have never been able to achieve legal status. Fortunately, you get a job in a call center and are able to make a living. If your employer discovers your status, they may refuse to pay over time, citing that since you are illegal, then you cannot hold down a job or demand any rights. That employer is wrong. As long as you are working, you are entitled to minimum wage and overtime. Unfortunately, this is a little-known area of labor law and many undocumented laborers suffer in silence rather than fight for their rights.
If you or a loved one are being treated unfairly at work, do not let your immigration status prevents you from speaking up for your rights. We can and will represent you. We will fight for your rights and ensure that you are being treated fairly in the workforce. Do not hesitate, call today.
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