Workplace rights — wages, safety, and protection from retaliation regardless of immigration status

Workplace rights — what every worker has, regardless of immigration status

Most federal labor protections apply to workers based on the work they do, not on their immigration status. If you performed the work, you generally have the right to be paid for it; if your workplace is dangerous, you generally have the right to a safe one. This page explains the core rights and exactly where to report a violation.

This is general information, not legal advice. For a specific situation, contact a worker center, a labor-rights organization, or an attorney.

The right to be paid: wages and overtime

The federal Fair Labor Standards Act (FLSA) sets a national minimum wage and requires overtime pay (time-and-a-half over 40 hours in a week) for most non-exempt workers. These protections apply regardless of immigration status, and courts have repeatedly held that an employer cannot avoid paying wages for work already performed by pointing to a worker’s status.

You are generally entitled to:

• At least the federal minimum wage (your state or city minimum may be higher — the higher one applies).
• Overtime pay of 1.5× your regular rate for hours over 40 in a workweek, unless you are in an exempt category.
• All the wages you actually earned, including the final paycheck.
• Pay that is not unlawfully reduced by “deductions” for tools, uniforms, or breakage that push you below minimum wage.

Common wage theft to watch for: being paid less than minimum wage, not being paid overtime, not being paid for all hours (off-the-clock work), illegal deductions, having tips taken, or simply not being paid at all.

How to report wage theft

• U.S. Department of Labor — Wage and Hour Division (WHD): call 1-866-487-9243 or visit dol.gov/agencies/whd. WHD does not ask about immigration status and will help in many languages.
• Your state labor department may also accept wage claims, sometimes with shorter deadlines — file promptly.
• A worker center or legal-aid organization can file with you and explain your options. See legal aid by state.

The right to a safe workplace (OSHA)

The Occupational Safety and Health Act gives nearly all private-sector workers the right to a workplace free of recognized serious hazards — regardless of immigration status. You have the right to:

• Receive safety training in a language you understand.
• Report a hazard and file a confidential complaint with OSHA at osha.gov/workers or 1-800-321-6742.
• Refuse, in narrow circumstances, work that poses an imminent danger of death or serious harm.
• Be free from retaliation for raising a safety concern.

If you are injured on the job

In most states, workers’ compensation covers medical care and partial lost wages for on-the-job injuries regardless of immigration status. Report the injury to your employer in writing and as soon as possible, get medical treatment, keep records, and consult a workers’ compensation attorney or worker center — most consultations are free.

Protection from retaliation

It is illegal for an employer to retaliate against you for asserting these rights — including by firing you, cutting your hours, threatening you, or reporting or threatening to report you to immigration authorities because you filed a wage claim, raised a safety issue, or cooperated with an investigation. Retaliation is a separate violation you can report to the same agency that handles the underlying claim.

Discrimination at work

• National-origin discrimination (treating you worse because of your country of origin, accent, or ethnicity) is prohibited by Title VII and enforced by the EEOC — eeoc.gov.
• Citizenship-status and document-abuse discrimination (for example, demanding more or specific documents than the law requires for the I-9) is handled by the Department of Justice’s Immigrant and Employee Rights Section (IER).

What to do before a problem happens

• Keep your own record of hours worked and pay received (a notebook or phone log is enough).
• Save pay stubs, texts, schedules, and the employer’s name and address.
• Know the difference between a workplace ICE encounter (an enforcement action) and a labor-rights claim (your wage/safety case) — they are separate processes.
• Have a family preparedness plan in place.

Related information

• ICE at your workplace
• Tenant and housing rights
• Healthcare access rights
• Right to remain silent
• Find pro-bono legal help
• Legal aid by state

Last verified: 2026-06-03. General information, not legal advice. Labor and employment rules vary by state and change over time — for your specific situation, contact a worker center, a labor-rights organization, or a licensed attorney.