Immigration-Related Workplace Issues

All workers, regardless of immigration status, have rights on the job. In San Diego County, immigrant workers are protected by local, state, and federal labor laws, including the right to be paid properly, work in safe conditions, and be free from discrimination or retaliation. 

 

Employers also have legal responsibilities and may not use immigration status to silence or exploit workers. A worker’s immigration status does not excuse employers from compliance with labor laws and following any applicable laws when dealing with law enforcement.

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  • Common Examples of Immigration-Related Workplace Issues

     

    • Employers asking about or sharing a worker’s immigration status to intimidate or retaliate 
    • Being paid less or denied overtime because of immigration status 
    • Employers threatening to report workers to immigration authorities after wage complaints 
    • Refusing to hire or promote someone due to national origin or accent  
    • Workers fearing retaliation or deportation for participating in labor investigation 

     

  • Immigration Related Laws and Policies

    Immigration and Nationality Act (INA) 

    • Prohibits employment discrimination based on citizenship or immigration status 
    • Allows workers to report violations and cooperate with investigations regardless of status 

    California Labor Code Section 1171.5 

    • Explicitly guarantees labor rights to all workers, regardless of immigration status 
    • Protects the right to file claims for wage theft, health and safety issues, and discrimination 

    Assembly Bill 450 (Immigrant Worker Protection Act) 

    • Prevents employers from voluntarily allowing immigration enforcement agents into nonpublic areas or from providing employee records without a judicial warrant or subpoena  
    • Requires employers to notify workers of inspections of I-9 employment eligibility forms 
    • Allows for penalties from $2,000 - $10,000 per violation by employers

    California Fair Employment and Housing Act (FEHA) 

    • Prohibits discrimination and harassment based on national origin, citizenship, and perceived immigration status  
    • Applies to employers with five or more employees 

Workers: Your Rights

These rights apply regardless of your immigration status:   

  • You do not have to disclose your immigration status in most labor or civil rights complaints   

  • You can file complaints about wage theft, unsafe work conditions, harassment, and discrimination   

  • You cannot be retaliated against for asserting your rights   

  • You have the right to organize with coworkers and report abuse without fear of deportation   

  • You can obtain legal help and support through state agencies and immigrant advocacy organizations  

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Employers: Responsibilities, Best Practices, and Resources

  • Maintain confidentiality of workers' immigration status and documentation 
  • Follow anti-discrimination policies in hiring, firing, and promotions 
  • Maintain compliant I-9 documentation for all employees
  • Do not discriminate or retaliate against workers based on immigration status 

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Disclaimer: This guide is for educational purposes only and is not legal advice. Laws may not apply to all employment situations or jurisdictions. For guidance on your specific case, consult an attorney, labor rights organization, or government agency..