Rights of Immigrant Workers
Immigrant workers make up a large share of the construction workforce and face higher rates of injury and wage theft. Core labor and safety laws protect you regardless of your immigration status.
- All workers
Protections that apply regardless of status
- Pay: you must be paid at least minimum wage and overtime for work you have done (FLSA).
- Safety: you have the right to a safe workplace, safety training in a language you understand, and to report hazards (OSHA).
- Organizing: you can talk with coworkers about working conditions and join a union (NLRA), though some remedies are limited.
- Discrimination: employers can’t discriminate based on national origin or citizenship status in most cases.
- Workers’ comp: in most states, injured workers can receive benefits regardless of status.
Red flags
- An employer keeping your passport, visa or ID documents. This is illegal.
- Threats to call immigration authorities because you complained about pay or safety. This is illegal retaliation.
- Being forced to work to pay off a debt to a recruiter or employer, or not being free to leave
- Being told you have no rights because of your status
Where to get help safely: worker centers, unions, legal aid organizations and your country’s consulate can help you understand your options before filing a complaint. Labor agencies like the DOL and OSHA generally don’t ask about immigration status when you file a complaint.
Victims of serious crimes, including human trafficking and some workplace crimes, may be eligible for special visas (T or U visas). Talk to an immigration attorney or accredited representative.
Standards & references
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