Labor law, also known as labor law, defines your rights at work. It regulates the rules of recruitment, dismissal, employment contracts, working conditions, wages and overtime pay; Your rights if you work part-time, full-time, as an independent contractor or self-employed person, or as a tipper; Or, if you work on the commission. Labour law also regulates labour relations in situations of unlawful discrimination, sexual harassment and safety at work. You may also be eligible for temporary or permanent disability benefits or vocational rehabilitation benefits. If you file a benefit complaint and it is denied, you can appeal the decision, including to the court. Experts recommend seeking legal advice. Workers in the United States enjoy certain fundamental rights that ensure safe, healthy and fair working conditions. But many employers – perhaps their own – violate these fundamental rights because they value their profits more than their employees. In general, undocumented workers have the same rights to pay and hours of work as all other workers. Therefore, the same federal and California pay and hours laws that apply to authorized workers generally apply to people who work without legal immigration status.
These laws establish their rights to minimum wage, overtime pay, breaks, tips, and other forms of wages. For example, an employer can`t refuse to pay you by saying you shouldn`t have worked at all because you don`t have “papers.” (However, if you were laid off because you have a complaint about wages, your eligibility to compensate for some of the financial losses you suffered as a result of the layoff may be confusing.) For more information, visit the ESD website by clicking here. The ESD should not ask you about your immigration status or report the absence of legal immigration status if this is revealed in any way when applying for paid family leave. Your employer cannot retaliate against you if you file a complaint of unlawful discrimination or any other illegal act committed by the employer. Retaliation could include layoffs or wage cuts, job degradation or other punitive measures. Your employer also cannot retaliate against you if you are part of an investigation, legal proceeding or legal proceeding regarding your employer`s illegal acts. You can recover money and other benefits from your employer in the event of retaliation, even if it turns out that you were wrong and your employer did not commit any illegal acts. A pregnant woman can stay in her job for as long as she can.
In the event of absences due to pregnancy, the employer must keep the position open to the extent that this is normally the case for employees on sick leave or disability leave. The Pregnancy Discrimination Act also prohibits an employer from dismissing, demoting or punishing an employee because of her status. Sometimes there are outstanding debts that must be paid to third parties. If this third party obtains a judgment from the court, he can garnish his wages, that is, he can use part of his salary to cover the debt. Garnishment of wages is a legal procedure and can be used to pay obligations, such as child support. If your employer has written an “incident report”, get a copy. Your steward and employer should obtain the names of employees who witnessed your accident or later assisted your accident, as you will need this information when you apply for compensation. Making a health and wellness claim: If you decide to file a health and wellness claim, you must contact Cal/OSHA. This agency will then investigate the health violations and your employer may be forced to stop its illegal practices. Cal/OSHA should not question your immigration status or report your missing status if it is discovered for any reason. A more recent development of the Equal Pay Act is the Pay Equity Act, which reinforces the first and helps ensure equal pay for equal work for all workers.
Click here (www.pay-equity.org/info-leg.html) to learn more about the Paycheck Fairness Act. For information on government employee compensation legislation and how to contact government agencies, see: For more information on agricultural workers, visit the following websites: Similarly, your employer cannot use your lack of immigration status as an excuse to fire you because you complained about a lack of pay. an accident at work. Or because he tried to organize a union at work. In these cases, since undocumented workers are protected by laws that prohibit employers from retaliating against workers who wish to exercise their rights, the employer is still breaking the law. Most employees are employees at will. If you don`t have a written employment contract, you`re probably a volunteer. As an employee at will, your boss can fire you at any time, with or without notice, for any reason or no reason. The only exception is that your employer cannot dismiss you for illegal reasons, such as racial discrimination. The Fair Labor Standards Act (FLSA) generally applies to all workers in the United States, including the District of Columbia and U.S. territories and possessions. However, there are several exceptions to its application, which have to do with overtime, minimum wage, and child labor requirements.
Employers are required to refuse to hire or fire an undocumented worker if they learn they do not have a work permit. The Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from knowingly employing or continuing to employ undocumented workers.
