In the United States, thousands of immigrant workers receive lower wages than the legal minimum simply because they lack legal immigration status. This practice is illegal and constitutes a form of labor exploitation. Even without papers, there are rights that protect you and concrete actions you can take. We'll tell you what you can do in these cases.

Paying less for not having papers is illegal

Federal labor law states that everyone who works in the United States is entitled to minimum wage and overtime pay, regardless of their immigration status. For an employer to pay less, delay wages, or deny payments by arguing that the worker "doesn't have papers" is a violation of the law.

This applies in sectors where the Latino community has a high presence, such as construction, cleaning, agriculture, restaurants, factories, and caregiving. If you believe you are being victimized in this way, you can consider the following recommendations:

1. Identify if your labor rights are being violated

Some clear signs of labor abuse include:

If any of these situations occur, you may be being exploited.

2. Gather proof of your work and payments

Before filing a complaint, it's important to save as much information as possible. This may include:

You don't need a written contract to prove you worked.

3. You can file a complaint without revealing your immigration status

Labor agencies are not authorized to ask about your immigration status. You can file a complaint with:

These entities investigate wage abuse and can force the employer to pay what you are owed.

4. Seek legal support and community organizations

There are organizations that offer free or low-cost help to immigrant workers. Many have bilingual staff and experience in cases where the worker is undocumented.

There are also legal clinics and community centers that can guide you on how to report safely.

What to do if your employer threatens you?

Threatening deportation to prevent you from claiming your wages is a form of illegal retaliation. If this happens:

In some cases, such retaliation can even open the door to special immigration protections.

Reporting protects other workers

Although reporting can be scary, doing so helps curb abusive practices that affect the entire community. Employers who pay less because they are undocumented often exploit many people at the same time.

Standing up for your labor rights doesn't make you a criminal.

Working is not a crime, but exploitation is, and it's important to stop it for yourself and other workers.

You may also be interested in: How to report workplace abuse in the USA; Revocation of commercial driver's licenses: a double-edged sword; Social Security: when and how to change your SSN number