Your Rights at Work in California as an Immigrant

In California, every worker is protected by strong labor laws, regardless of immigration status. Whether you are undocumented, waiting for a work permit, or have temporary immigration status, the law gives you the same workplace protections as any other employee.

Employers cannot threaten, exploit, or mistreat you because of your immigration status. This article explains your most important rights as an immigrant worker, the protections California provides, and what you can do if your employer violates those rights.

Your Right to Fair Wages and Overtime

All workers in California must be paid at least the state minimum wage. Some cities and counties require even higher salaries.

• You have the right to be paid at least the minimum wage, which as of January 2025 is $16 per hour statewide, though some cities and counties have higher minimum wages.
• You must be paid on time and receive all the wages you’ve earned, with no illegal deductions.
• If you work more than 8 hours in a day or more than 40 hours in a week, you have the right to overtime pay at 1.5 times your regular rate.
• If you work more than 12 hours in a single day, you are entitled to double pay for those extra hours.
  

Your employer cannot refuse to pay you because you do not have work authorization.

Your Right to Meal Breaks and Rest Breaks

California law requires that workers receive the following:

• If you work more than 5 hours in a day, you are entitled to a 30-minute unpaid meal break.
• If you work more than 10 hours, you may be entitled to a second meal break.
• You are also entitled to a paid 10-minute rest break for every 4 hours worked (usually two 10-minute breaks in an 8-hour shift).
• Your employer cannot force you to skip breaks, and you have the right to take them without interference.

Your Right to a Safe Workplace

California workers’ rights include:

• You have the right to a safe and healthy workplace. This includes proper training, safety equipment, and protection from toxic chemicals or unsafe tasks.
• You can refuse dangerous work and report unsafe conditions without fear of punishment.

Protection from Discrimination and Retaliation

Your employer cannot discriminate against you because of your immigration status, race, national origin, language, gender, or any other characteristic protected by law.

It is also illegal for an employer to retaliate against you for:

• Asking for your proper wages or breaks,
  
• Reporting unsafe or unlawful conditions,
  
• Speaking up about mistreatment or illegal practices,
  
• Filing complaints with state agencies,
  
• Exercising your workplace rights.
  

Threatening to contact immigration authorities in response to you asserting your rights is considered unlawful retaliation.

Your Right to Organize

All workers, including immigrant workers, have the right to:

• Discuss working conditions
  
• Join or form a union
  
• Act together with coworkers to improve workplace standards

Your Immigration Status Does Not Take Away Your Rights

Under California law:

• You do not need a Social Security number or work authorization to report labor violations.
  
• The Labor Commissioner and other state enforcement agencies will not ask about your immigration status.
  
• Many legal aid organizations provide confidential assistance at little or no cost.
  What to Do If Your Employer Violates Your Rights

If your employer is breaking the law, you are not alone. You can:

• Contact a worker center
  
• Reach out to a nonprofit legal organization
  
• File a complaint with the California Labor Commissioner
  
• Speak with an attorney about your options and protections
  

Asserting your rights is lawful, and California protects workers who take action to defend themselves