If you’re an immigrant worker in Maryland, understanding your employment rights is essential to protecting yourself in the workplace. Whether you’re here on a temporary visa or have permanent residency, you still have legal protections under federal and state law. Unfortunately, many immigrant workers are unaware of their rights or fear retaliation if they speak up. At our Maryland immigration law firm, we believe every immigrant worker deserves to work in a safe, fair, and lawful environment. What are your rights?
You Have the Right to Fair Wages
One of the most fundamental employment rights in the United States is the right to be paid fairly for the work you do. This applies to all workers, including immigrant workers, regardless of whether they are documented.
Under the Fair Labor Standards Act (FLSA), you are entitled to:
- The federal minimum wage (or Maryland’s higher state minimum wage, if applicable)
- Overtime pay (1.5 times your regular wage) for hours worked beyond 40 in a week for non-exempt employees
- Timely payment for your work
Employers cannot withhold wages because of your immigration status, and it is illegal for them to threaten to report you to immigration authorities to avoid paying you.
You Have the Right to Be Protected from Workplace Discrimination
As an immigrant worker, you have the right to a workplace free from discrimination based on your race, national origin, or immigration status. The Equal Employment Opportunity Commission (EEOC) and the Department of Justice’s Immigrant and Employee Rights Section (IER) enforce laws that protect workers from being unfairly treated.
It’s unlawful for an employer to:
- Refuse to hire or fire you based on your accent or country of origin
- Demand more documents than necessary for employment verification (also known as I-9 abuse)
- Retaliate against you for reporting discriminatory behavior
Knowing your employment rights helps you recognize when you’re being treated unfairly and know what steps you can take.
You Have the Right to Report Unsafe Working Conditions
No one should have to risk their health and safety to earn a living. Federal law gives every immigrant worker the right to a safe workplace. The Occupational Safety and Health Administration (OSHA) protects workers by requiring employers to provide safe working conditions and necessary safety equipment. If you’re concerned about workplace hazards, you can file a confidential complaint with OSHA. You do not need to be a U.S. citizen to report violations, and retaliation from your employer for doing so is illegal.
What If You Are Undocumented?
Even if you are undocumented, you still have certain employment rights. Employers are not allowed to exploit your immigration status to violate labor laws. For instance, they still must:
- Pay you the minimum wage
- Follow safety regulations
- Comply with anti-discrimination laws
However, there are still some challenges for undocumented workers. Undocumented workers may have trouble receiving back pay or reinstatement after wrongful termination. That’s why working with an immigration and employment attorney is critical to protecting your interests and understanding your options.
Partner with an Experienced Personal Immigration Attorney at The Law Office of Elizabeth Anu Lawrence
If you believe your rights have been violated, or if you want to learn more about your legal protections, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultations are both available to clients.