Is It Legal To Hire Illegal Immigrants – California’s reputation as a cultural melting pot is well deserved. About 27% of Californians are foreign-born, more than twice as many as the rest of the US. More than 11 million immigrants call the state home. These immigrants, including undocumented individuals, make up the majority of California’s workforce. About one in three workers in California is from another country, and undocumented immigrants made up about 9% of California’s workforce in 2016. In 2018 alone, undocumented immigrants paid an estimated $4.5 billion in federal and state and local taxes $2.5 billion.
If you are an undocumented immigrant, you may have questions about your access to legal representation or whether you are eligible for certain benefits while working in the United States. This FAQ provides the resources you need to know your rights and the quality of life you deserve.
Is It Legal To Hire Illegal Immigrants
“It shall be unlawful for any person or other entity: (1) (including a subcontractor), to hire, or remit payment for work in the United States, knowing that such person is qualified for work; is not, or any person confirms his employment status; status; or (2) continues to employ a foreigner with knowledge of his employment status without the person’s consent.”
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The law increases pressure on employers to verify an employee’s citizenship before hiring, requiring employers to:
“Verify on a form developed by the Attorney General that the employee’s employment status is verified through a passport, birth certificate, social security card, citizenship document, or other proof; (2) The employee also certifies that he or she is a U.S. Citizens, US citizens, or authorized aliens; and (3) the employer shall keep such records for three years in the case of referral or employment, or after three years or one year after termination of employment in the case of employment. …
So you can work in California as an illegal immigrant. However, your employer may face some legal penalties for hiring you (if they either fail to check your immigration status or knowingly hire you despite being an illegal immigrant. ).
Additionally, undocumented immigrants with a U visa can live and work in the U.S. for four years and eligible to apply for valid permanent status after three years.
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Yes, undocumented immigrants should receive the same minimum wage as documented workers. In California, this means $14 an hour if your employer has fewer than 25 employees, $15 an hour if you have 26 or more employees, and $15 an hour if you work in Los Angeles County (starting in July). Must earn $16.04 per hour .
Yes, unregistered workers must receive overtime pay (1.5 times the regular rate of pay) for working more than eight hours a day or more than 40 hours in a work week. In addition, if you work more than 12 hours a day or more than eight hours on the seventh day of the working week, you are entitled to double the normal rate.
Employees must receive overtime under the US Fair Labor Standards Act (FLSA). However, some employees are exempt from overtime pay. Exempt employees include:
Administrative workers, managers, outside salespeople, creative workers and workers who work with computer software or hardware are all examples of exempt workers.
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If your employer violated your wages and hours by paying you less than minimum wage, you can file a wage claim with the Office of Labor Standards.
It is illegal for your employer to threaten you with deportation or report you to ICE or other authorities to file a complaint or lawsuit about wage and hour violations.
No, employers cannot discriminate against employees based on their native language or other factors such as accent, syntax or vocabulary.
Additionally, under federal law, requiring employees to speak English at all times in the workplace or during work hours is burdensome and a violation of Title VII of the Civil Rights Act of 1964.
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Employees have the right to speak in another language when they have public or private conversations, during breaks or when the conversation is not work-related.
The Occupational Safety and Health Administration (OSHA) encourages employers to communicate about workplace safety conditions in a language their employees understand.
(1) Language restrictions permitted by commercial requirements. (2) The employer has informed his employees about the conditions and time of implementation of the language restriction and the consequences of violating the language restriction. (b) For purposes of this section, “business necessity” means a legitimate business purpose that overrides such that the language restriction is necessary for the safe and efficient operation of the business, the language restriction effectively achieving that business purpose. This objective must be met. , and no alternative practice of language restrictions, which would equally achieve commercial objectives with less discriminatory effects.
If an employer refuses to allow you or other co-workers to speak a language other than English without complying with these requirements, you can file a discrimination complaint or lawsuit against them.
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Yes, non-enrolled workers can take paid family leave as long as they work in California and state disability benefits are withheld from their wages.
If your employer meets the requirements of the Family Medical Leave Act (FMLA), you can get up to 12 weeks of unpaid leave to care for a serious illness or the illness of an immediate family member. This includes parents, spouses, minors and adult children who are unable to support themselves. You may also be eligible for up to 8 weeks of paid family leave through California’s Paid Family Leave (PFL) program. Additionally, if you or another eligible family member is infected with COVID-19, you may also be eligible for FMLA leave.
If you take FMLA leave, your job is covered. You have the right to return to the same position you left – if that is not possible, to a similar and comparable position.
No, illegal immigrants cannot receive unemployment insurance. You must be “willing to work” to receive unemployment insurance. Because hiring undocumented immigrants is illegal under federal law, undocumented individuals are not considered “work-ready” by the California Department of Employment Development.
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“Federal unemployment benefits, fringe benefits and fringe benefits are not payable based on services rendered to an alien, unless the alien is a lawful permanent resident at the time the services are rendered. exists legally to provide services. or was a lawful permanent resident of the United States at the time the service was rendered, including under section 203(a)(7J) (conditional entrants, refugees and asylees: now sections 207 and 208 of the Immigration and Nationality Act (INA). ) or refer to section 212(d)(5) (parole) of the Immigration and Nationality Act.”
However, you may be eligible for unemployment benefits if you are authorized to work in the US for any period of time before your work authorization expires. You should talk to an attorney before applying for unemployment benefits as an undocumented immigrant.
Yes California and federal anti-discrimination, retaliation and harassment laws apply to undocumented immigrants. Migrants can file complaints or lawsuits against employers who violate labor laws.
Unfortunately, immigrants often face discrimination in the workplace. Studies show that nearly one in three immigrants face discrimination in the hiring process, and immigrant workers suffer more workplace injuries and deaths than native-born workers. An employment or immigration attorney can help you investigate whether your behavior at work constitutes discrimination, harassment or retaliation.
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Yes, illegal immigrants have the right to a personal injury and employment dispute attorney regardless of their immigration status. However, it should be noted that immigrants facing deportation do not receive a court-ordered attorney—they must pay for the services of an attorney if they want representation.
For example, if you are injured on the job, you can sue your employer for compensation for medical bills, lost earnings, pain and emotional distress, and more.
Public defenders cannot turn away clients because of their immigration status. Also, because of the attorney-client privilege, the attorney cannot report you to ICE for being an illegal immigrant.
However, it is important to note that a lawyer can request a waiver from representing your interests. In California, a lawyer can stop representing a client if:
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If your lawyer wants to stop representing you, he must tell you and the court first. If the court does not believe that your lawyer has a reasonable argument, it may reject the lawyer’s withdrawal request.
Yes, you must tell your attorney if you are an illegal immigrant. Your attorney should not give inappropriate advice or discriminate against you based on your immigration status. Being honest with them can help them represent you more accurately.
At the Wilshire Law Firm, we represent immigrants facing discrimination, harassment and retaliation in the workplace. We have recovered more than $1 billion from insurance companies and companies to bring justice to victims and workers.
Work with a team ready to protect your rights. Contact us now or contact us for a free, no-nonsense consultation. Employers struggle to hire undocumented workers: ‘You can’t hire Americans here’ Undocumented immigrants often do manual, low-wage jobs, and employers say hiring them has no other choice. But the White House and immigration cuts say the law is the law.
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