Day Laborer and Undocumented Worker Wage Violations

An undocumented worker is someone who either has not given their employer identification to verify their legal status or a person who is working off the payroll.

Day laborers are people who are temporarily employed on a day-to-day basis and typically work in industries like landscaping, construction, light manufacturing, or other similar jobs.

Even though some people believe that undocumented workers and day laborers are not supposed to receive any type of employer protection, this belief is not accurate. While undocumented workers and laborers do not have a legal right to employment, if they obtain it, they are covered by similar regulations as documented and immigrant citizen workers.

However, many employers fail to adhere to undocumented workers rights and day laborer laws. Such mistreatments may include:

• Denying workers’ compensation
• Promising undocumented employees and day laborers a certain wage and not paying it
• Denying undocumented workers and day laborers safe and healthy working conditions in which to perform their jobs
• Denying the right to unionize, depending on the type of work

Common Employment Protections

Our most basic federal and state employment and labor laws include protections for all workers, documented and undocumented, such as:

• The right to be free from age, religion, disability, national origin, color, sex, or race discrimination. It is illegal for your employer to threaten or punish you for trying to improve your work conditions.

• The right to receive minimum wage or the promised wage, along with overtime pay for performed work. If you did not receive pay for all of the time you worked, you can recover that pay.

• The right to receive workers’ compensation benefits for on-the-job injuries. If you are injured on the job, you are able to receive compensation for your injuries.

• The right to have healthy and safe conditions on the job. You are protected by health and safety workplace protections.

• The right to organize. You have the right to organize to improve your working conditions.

• The right to remain silent.  Once you are hired, you have the right to remain silent when your employer asks about your immigration status.

Our Promise To You

If you, a relative, or a loved one has been mistreated by an employer or you have been dealing with dangerous working conditions, speak with the experienced employment law attorneys at the law firm of GWC Injury Lawyers.

It is not right that your employer promised you a certain rate of pay and you did not receive it. If you secure a job with an employer, your working conditions should be safe and healthy.

Having a seasoned attorney working by your side can make a difference in your pursuit of compensation. Let GWC Injury Lawyers be the firm that helps you exercise your rights as an undocumented worker or day laborer.