How to Protect Your Labor Rights as an Immigrant

As an immigrant in the US, knowing how to protect your labor rights from day one is critical. 

Many employers take advantage of ignorance, but you have more protections than you think.

Our Los Angeles immigration lawyers at Lluis Law are here to help if you are facing discrimination, unpaid wages, or threats based on your immigration status. 

Ways to protect your labor rights as an immigrant in the United States in 2025

To protect your labor rights as an immigrant, you must know the tools available to you under the law. Therefore:

• Learn about all your labor rights. Regardless of your immigration status, you have the right to fair wages, safe working conditions, and freedom from discrimination.
• Seek legal advice without fear. Many immigrants are afraid to file a complaint for fear of retaliation. However, our immigration attorneys can help you file complaints and seek justice.
• Recognize signs of exploitation. Common forms of abuse include unpaid wages, excessive hours, or inadequate housing. If something doesn’t seem fair to you, it probably isn’t.
• Changing employers is possible. Certain types of American visas allow you to change jobs, especially in cases of labor abuse or violations.

If you’ve suffered wrongful termination or employment discrimination, our professionals are also experienced wrongful termination attorneys and discrimination lawyers in Los Angeles. Call us today, and we’ll defend your rights.

What are the labor rights of an immigrant in the US?

Whether you are legally registered or not, federal law protects your rights as an immigrant worker. As a result, you have the right to:

• Receive minimum wage and overtime pay.
• Work in safe and healthy conditions.
• Not to be discriminated against because of your race, gender, religion or origin.
• Report abuse without fear of retaliation.
• Join unions or participate in organized labor activities.

These protections are enforced through laws such as the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA).

What laws protect immigrant workers in the United States?

These are the main laws that protect immigrant workers in the United States:

• The FLSA guarantees minimum wage and overtime pay.
• OSHA requires all employers to provide safe working conditions.
• The NLRA provides the right to organize, form unions, and bargain collectively.
• Title VII prohibits employment discrimination based on race, sex, religion, or national origin.
• The Whistleblower Protection Act protects those who report workplace abuse or violations from retaliation.

All of these laws also apply to undocumented workers.

Note: Did you know that you can also apply for Medi-Cal even if you’re undocumented in California? You’ll need to meet certain criteria, though. In our article, you’ll find out what you need.

How do you know if your labor rights are being violated?

Some common signs of workplace abuse are:

• Being paid less than the legal minimum wage.
• Not receiving overtime pay and not having breaks respected.
• Experiencing harassment or discrimination at work.
• Being threatened with immigration action if you complain.
• Suffering a work-related injury without receiving medical attention or compensation.
• Being forced to sign documents without an explanation of their content.

If you identify with one or more of these situations, your rights may be violated. Seek legal advice as soon as possible.

What can you do to protect yourself legally as an immigrant worker?

Take preventive measures and act cautiously against any abuse. These recommendations can help you protect your labor rights:

• Document everything: Record hours worked, payments, conditions, and any incidents.
• Don’t sign anything without understanding it : If something seems suspicious, check it out first.
• Do not use false documents: It may seem like a solution, but it will affect future immigration procedures.
• Report abuse, even anonymously: You have the right to report unfair conditions to employment agencies.
• Seek legal help without fear: Our attorneys can help you, even if you don’t have legal status.
• Don’t be intimidated: If you are threatened with being called ICE, this may constitute unlawful retaliation.
• You may be eligible for a U visa: If you have been the victim of serious crimes at work, please contact us.
• You don’t need to speak English to defend yourself: You can ask for an interpreter throughout the legal process.

What should an employer know if immigration arrives at their company?

If you are an employer, it is important to know what to do if immigration agents arrive at your workplace. These agents may be present to: 

• Conduct a Form I-9 audit; 
• Conduct an immigration raid; or 
• Search for specific individuals. 

Make sure you have Forms I-9 completed and filed according to the law and never request them more than once without legal justification.

If you face an audit or raid, avoid acting impulsively and consult with an immigration attorney as soon as possible to protect your business. 

We recommend preparing your family for an immigration raid, as they can occur at any time.

How can employers prepare for an ICE visit?

First and foremost, having a plan is essential. To be ready:

1. Create a written response plan outlining exactly what to do during an ICE visit.
2. Conduct practice drills with your team to ensure everyone knows their role.
3. Establish connections with local legal and community support networks in advance.
4. Train your staff not to allow officers to enter the workplace without a warrant and to direct all inquiries or requests to the employer or designated manager.

Remember that ICE does not always have the right to enter, detain employees, or seize documents without legal authorization.

Are you afraid of encountering immigration agents? Learn more in our blog on how to act properly if ICE agents knock on your door.

Advice for immigrant workers in the event of possible ICE action

Being prepared can make all the difference if immigration agents arrive at your workplace. These tips can help you protect yourself before, during, and after an encounter:

• Know your rights and connect with a trusted immigration lawyer in advance.
• If you see ICE agents, stay calm. Running away can be used as a reason to detain you.
• Only the employer can allow agents to enter the workplace — and only with a court order signed by a judge.
• You have the right to remain silent and to ask to speak with a lawyer.
• Do not sign any documents without first consulting a lawyer.
• Keep a list of organizations that offer free or low-cost legal assistance.
• If you feel safe doing so, take notes or record what the agents do. This information could be useful later.

Frequently asked questions about protecting your labor rights as an immigrant

Can I change jobs if I’m being exploited?

In many cases, yes, especially if your visa allows it or if you’re a victim of abuse. A lawyer can guide you.

Can I refuse to sign documents I don’t understand?

Yes. You’re not required to sign anything without a clear explanation. You can request a copy and seek advice beforehand.

Can I get medical attention if I’m injured at work?

All workers have the right to work-related accident care, regardless of their status. 

In these cases, you may require legal representation from our Los Angeles workers’ compensation lawyers.

What if my boss threatens to call immigration?

This could be considered illegal retaliation. You can report it, even if you’re undocumented.

What can I do if I don’t get paid what I’m owed?

You can file a claim with the Department of Labor (DOL) or seek legal help to enforce your claim.

How can Lluis Law help you protect your labor rights as an immigrant?

You’re now more informed about how to protect your labor rights as an immigrant, but you don’t have to do it alone. 

At Lluis Law, we help immigrants facing discrimination, lack of payment, inhumane conditions, or retaliation for reporting abuse. 

Our team can guide you through filing employment complaints. Contact us today for a confidential consultation in Spanish or English. We’re here to advocate for you.