California Labor Commissioner reminds all workers of legal rights under California labor laws

Los Angeles—The Labor Commissioner is reminding all workers that California’s labor laws protect every worker in the state, regardless of immigration status.

Workers who file wage claims, retaliation complaints or exercise other rights are not required to disclose their immigration status.  The Labor Commissioner’s Office will not inquire about the immigration status of any individual seeking assistance or protection under California labor law. 

• You have the right to ask about your pay and working conditions.
• Your employer is legally required to pay the wages you earned.
• It is illegal for your employer to retaliate against you for standing up for your rights.

Immigration-related threats in retaliation for exercising a right are unlawful.  Employers cannot:

• Refuse to honor documents that appear genuine.
• Misuse E-Verify.
• Threaten to call immigration authorities.
• Report you or your family’s perceived immigration status or engage in any other unfair immigration-related practice in retaliation for exercising your rights.

In addition, employers are legally required to comply with notice provisions informing employees of immigration enforcement at the workplace and notifying their authorized representative of the activity and outcome. 

File a Claim from Outside California

You can still file a claim even if you leave California or the United States. Contact the Labor Commissioner’s Office for help by calling the toll-free number, 833-526-4636, or online. For international calls, enter the calling code from the country you are calling from plus the U.S. code (1) and the LCO number (833-526-4636). For example, from Mexico, dial 00 + 1 + 833-526-4636.

Take these proactive steps to protect yourself from wage theft or retaliation:

• Keep track of:
• Your hours worked - include start and end time for each shift.
• Where you worked – include every work location address and work performed at each location.
• Who supervised and assigned your work.
• Who paid you.
• How you were paid, and how much you were paid.
• Who you worked with – include names and contact information of the people you worked with and others who saw you working.
• Take notes: Document what happened, create a chronology, include who was involved and present, and when and where the threat took place.
• Gather supporting evidence: Collect text messages, voicemails, emails, and identify any witnesses- note their names and contact information.
• Know and abide by your employer’s rules: As long as they don’t violate your rights. An employer can terminate an employee for many reasons, but not in retaliation for a worker exercising their rights.
• Get help: A worker organization may help you understand your rights.
• Report The problem: Report the immigration threat to the Labor Commissioner’s Office. It is important to report the incident as soon as possible; otherwise, the Labor Commissioner’s Office may not be able to enforce state protections if you wait more than one year from the date the threat took place.

Additional Resources 

• Workplace protection information is posted on the CA worker webpage.
• Short workers’ rights videos: Labor Commissioner Lilia García-Brower has recorded videos in English and Spanish regarding workers’ labor rights and workplace protections related to immigration status.
• Download a pocket calendar with information about workers’ rights in California and a tool to track hours worked.

About the Labor Commissioner’s Office

Within the Department of Industrial Relations, the Division of Labor Standards Enforcement (California Labor Commissioner’s Office) combats wage theft and unfair competition by investigating allegations of illegal and unfair business practices. 

In 2020, the LCO launched a multi-pronged outreach campaign, “Reaching Every Californian.” The campaign amplifies basic protections and builds pathways to affected populations, so workers and employers understand legal protections and obligations, as well as the Labor Commissioner’s enforcement procedures.  

Californians can follow the Labor Commissioner on Facebook and  X (Twitter). 

Employers with Questions on Legal Obligations May Contact: MakeItFair@dir.ca.gov 

Media Contact: Communications@dir.ca.gov, (510) 286-1161 

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