California Reinforces Labor Protections: Workers’ Rights Apply Regardless of Immigration Status

by Rrita Osmani and Stephen T. Rutkowski

On June 11, 2025, the California Labor Commissioner issued a news release reminding all workers of California labor rights. The Labor Commissioner notice stressed that these protections apply regardless of immigration status.

What specific rights are guaranteed to workers under California labor law, and how do they apply to undocumented employees?

All employees have the right to discuss their pay and their working conditions with their employer and other employees. All employees are also protected against harassment or discrimination. The California Department of Industrial Relations maintains a comprehensive list of laws which prohibit retaliation and discrimination against workers.

With respect to undocumented worker rights, employees also have the right to be notified of immigration enforcement activities at the workplace. In fact, pursuant to California Labor Code Section 90.2(a), employers are required to notify employees of any inspection of I-9 Employment Eligibility Verification forms or other employment records by an immigration agency by posting a notice within 72 hours of receiving the notification of inspection. The California Department of Industrial Relations has posted a sample notice to employees informing them of an inspection by immigration authorities.

What constitutes illegal retaliation, including workplace immigration threats, under California law?

Retaliation against employees can take a number of forms. Commonly, retaliation can include failing to pay earned wages and failing to maintain adequate working conditions. Employers cannot withhold regular wages or deny overtime pay based on immigration status. Retaliation can also take the form of refusing to honor certain documentation or threatening to call immigration enforcement against a worker or their family.

What is wage theft and what can workers do if they have been a victim of wage theft?

Workers in California can file a wage theft claim against their employer when an employer fails to pay them the wages and benefits they are owed. Wage theft can include:

• Being paid less than minimum wage;
• No receiving wages that were agreed upon;
• Not being allowed to take meal or rest breaks;
• Tip stealing;
• Failing to be properly reimbursed;
• Bounced paychecks; and
• Unauthorized deductions.

Recognizing the growing issue of wage theft, the Department of Industrial Relations encourages employees to submit a wage claim online. After filing a wage claim, the worker and employer typically engage in settlement discussions with a deputy labor commissioner to determine whether a settlement is possible.

If a worker’s claim is not resolved at the settlement conference, a hearing will be scheduled at a specified time and location. At the hearing, the employee and the employer will testify under oath and submit evidence to resolve the dispute.

These hearings are binding on both parties.

What is unlawful retaliation and what can workers do if they have been a victim of retaliation?

Illegal acts of retaliation taken against employees include: 

• Termination;
• Suspension;
• Transfer;
• Demotion;
• Reduction in pay or hours;
• Disciplinary actions or threats; and
• Unfair immigration-related practices.

The Labor Commissioner’s Office also investigates pay inequity based on race, sex, and ethnicity. Workers can file a retaliation complaint through the California Department of Industrial Relations through its online portal.

What evidence is helpful in proving a labor rights violation or retaliation claim?

If a worker plans to file a wage or similar claim, it is important to gather documents to support their claim. Common types of documents include:

• Time sheets;
• Paychecks and paystubs, including any bounced checks;
• Other basic employment information, including an employee’s rate of pay, any overtime rate of pay; and
• Collective bargaining agreements, if the employee is a member of a union or bargaining unit.

In filing a retaliation complaint, employees should gather any documents or information showing their employer discriminated against or retaliated against them. Examples of these documents might show demotions or reductions in pay. In making their claims, it is important for employees to demonstrate how their employment conditions have changed as a result of the retaliatory action.

After filing a complaint, the Office of the Labor Commissioner will review the complaint and determine whether further investigation is necessary. Employees should include their contact information when making their complaint.

How can workers access the California Labor Commissioner’s Office to file complaints?

Workers can file a claim regardless of where they are located. The Labor Commissioner’s Office provides assistance to employees interested in filing wage or retaliation claims at the toll-free number, 833-526-4636, and online at www.dir.ca.gov.

If you believe you have been a victim of wage theft or similar violation, it is important you speak with a lawyer to better assess your potential claims. Lawyers can assist you in navigating complex procedures and time-sensitive deadlines. The employment law attorneys at Miller Shah LLP have extensive experience supporting workers and navigating complex administrative and legal proceedings.