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Procedures

California minimum wage and worker rights for immigrants

Minimum wage in California ($16.00). Labor rights for undocumented workers (yes they have them), where to report abuse, OSHA, Department of Labor.

California minimum wage and worker rights

California at a glance

California is home to about 10,479,526 foreign-born residents (26.7% of the state’s 39,242,785 people) and 15,630,830 residents of Hispanic or Latino origin (39.8%), per the U.S. Census Bureau’s American Community Survey (2023 5-year estimates). The procedures below apply to everyone in California regardless of immigration status unless noted.

Minimum wage in California (official DOL data)

Official source: Department of Labor — State Minimum Wage Laws

DOL updated: January 1, 2026 · Verified on: 2026-05-25

Minimum wage in California

  • Basic minimum rate: $16.90/hour
  • Detail: $16.90

Federal Fair Labor Standards Act (FLSA)

Federal minimum wage is $7.25/hour (unchanged since 2009). Applies to FLSA-covered employers when state wage is lower or non-existent.

2025 minimum wage

California: $16.00

Basic worker rights (regardless of immigration status)

Under federal law (FLSA) and California labor laws:

  • Minimum wage guaranteed
  • Overtime pay (1.5× over 40 hours/week)
  • Pay for all hours worked
  • Safe work environment (OSHA)
  • Protection against retaliation for reporting violations
  • Worker’s compensation access if injured at work (depends on state)

Important: These rights apply to ALL workers in the US, including undocumented persons. Immigration status does NOT remove these rights.

Where to report labor abuses in California

Department of Labor (DOL) — federal

  • Wage and Hour Division (WHD): dol.gov/agencies/whd
  • Phone: 1-866-487-9243 (interpreters in many languages)
  • Does NOT require immigration status verification
  • Can report anonymously

California Department of Labor

Search “California Department of Labor” or “Labor Commissioner”.

OSHA (occupational safety)

  • Federal OSHA: osha.gov/complaint
  • Report unsafe environments, unreported accidents, lack of protective equipment

Worker’s Compensation in California

If injured at work in California, you have worker’s compensation rights regardless of immigration status. Covers: medical expenses, lost wage pay, permanent disability (if applicable).

Important: Worker’s comp does NOT affect your immigration status. It’s illegal for employer to fire you for filing worker’s comp claim.

ITIN for work

If you earn income in California and need to file taxes but don’t have SSN, use ITIN.


Last verified: 2026-05-25.

General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.

Frequently asked questions

Do undocumented workers have labor rights in California?
YES. Regardless of immigration status, all workers in California have rights to: minimum wage, overtime pay (1.5× over 40h/week), safe environment (OSHA), and protection against retaliation for reporting violations. Federal law guarantees these rights and they apply regardless of status.
What is California's minimum wage in 2025?
California’s minimum wage is $16.00 in 2025. $20.00 para fast food workers (especial 2024+)
Can my employer pay me less than minimum if I'm undocumented?
NO. Paying less than minimum wage is ILLEGAL regardless of immigration status. If your employer does this, you can report to Department of Labor (DOL) anonymously. DOL does NOT share information about immigration status.