Immigrant workers in California are among the most vulnerable to abuse on the job, often facing wage theft, unsafe conditions and threats tied to their immigration status. But state officials want workers to know one thing clearly: your rights don’t disappear because of your status.

“Immigration status has no influence on your protections as a worker,” said Lilia García-Brower, California’s Labor Commissioner. “If you provide labor, you have to be paid legally.”

Filing a claim is easier than you think. Workers who are unpaid or retaliated against can file a complaint through:

García-Brower urges immigrants to “come out of the shadows,” and use these resources, which are guaranteed by California law. In particular, immigrants should know:

  • The Labor Commissioner’s office will not ask about your status when you file a complaint.
  • Retaliation is illegal. Employers who threaten or punish workers for speaking up can face penalties up to $10,000 per incident.
  • Immigration threats don’t erase rights. Using ICE or deportation as a weapon against workers is against the law.
  • Worksite inspections must be transparent. Employers must notify workers within 72 hours after receiving notice of an immigration inspection.

During her six-year tenure as Labor Commissioner, García-Brower’s office recovered millions of dollars for workers in cases of wage theft, according to the Department of Industrial Relations, which oversees the Labor Commission. 

The Commissioner’s office says the most successful claims are well-documented:

  • Write down who you worked for (name, address, phone if possible)
  • Track your hours, dates and wages owed, even on your phone
  • Document the who, what, where, when and why of the work performed

“Predatory employers want to keep workers ignorant and isolated,” García-Brower said. “Make yourself be seen.”

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