With a few exceptions, undocumented workers enjoy legal rights and remedies provided by both Federal and California laws. The exceptions to this general rule are mainly linked to unionization and unemployment benefits.
If you believe that some of your rights have been violated, you should know that the law is on your side, and you should contact Conexión Legal immediately so that one of our labor attorneys can provide you with the best legal advice possible, and if applicable, seek the best possible compensation for you.
On May 18, 2020, the California Department of Social Services ("CDSS") provided one-time payments of $500 per person to people who are 19 years of age or older and who can prove that: they are undocumented; they are not eligible for federal assistance related to COVID-19; and they have experienced hardship as a result of COVID-19.
A maximum of two people per household can receive payments under this program, which is known as the "Disaster Relief for Immigrants Affected by the COVID-19 Pandemic" ("DRAI"). Personal information of participants will not be shared with any government agency.
Generally, undocumented workers have the same wage and hour rights as any other worker. Therefore, the same federal and California wage and hour laws that apply to workers with authorization generally apply to people who work without legal immigration status. These laws establish your rights to minimum wage, overtime pay, breaks, tips, and other forms of compensation.
For example, your employer cannot refuse to pay you by saying that you should not have been working in the first place because you "don't have papers." However, if you have been fired because you filed a complaint about wages, your eligibility to recover certain monetary losses you suffered as a result of being fired could be unclear.
Filing a Wage Claim: if you prefer to file a claim, you can either submit it to the Division of Labor Standards Enforcement, also known as the "Labor Commissioner," or sue your employer in court.
You can also contact the United States Department of Labor (DOL). Neither of these two agencies should question you about your immigration status or report your lack of legal status if it is somehow revealed.
Therefore, it is best that you always seek expert legal advice in these cases to ensure your rights are respected.
All workers who are injured at work, including undocumented workers, are eligible for California workers' compensation benefits to cover the cost of medical treatment and, in some cases, lost wages. However, undocumented workers may not be eligible for some retraining benefits.
If you have suffered wrongful termination because you filed a claim for workers' compensation, it is not very clear whether you can recover certain monetary losses you suffered as a result of being fired.
Filing a Workers' Compensation Claim: If you decide to file a workers' compensation claim, you should contact your employer to obtain and fill out the claim form. If your employer refuses to provide you with a claim form, then you should contact the state Workers' Compensation Appeals Board (WCAB). If your claim is approved, you may be eligible for reasonable medical expense benefits, disability, and rehabilitation.
If you find yourself in this or a similar situation, contact Conexión Legal immediately by calling 1800 201 1220 or write to us via WhatsApp so that a specialized labor attorney can provide you with the best free legal advice and subsequently seek the best possible compensation for you and your family.
Follow the steps in the following form to schedule your free consultation appointment.
