Everyone in the United States who works in a job has legal rights. This includes immigrants, even those without valid papers. An honest employer usually provides an employee with a written copy of his working conditions, including wage rate, hours of work, employee policies, and special work requirements like equipment and practices. A worker should keep this copy, and also keep his own work records. The following is a summary of your working rights:

DISCRIMINATION: It is illegal to discriminate against a worker on the basis of national origin, race, color, religion, sex, age, or disability. This includes hiring, firing, pay, benefits, assignments, advancement, and retaliation. For example, someone cannot be paid less than someone else because he looks 'Latino', cannot be disciplined for speaking Spanish while on a break, or be denied promotion because she is a woman.

MINIMUM WAGE: When an employer has two or more workers 18 or older, they must be paid at least the official minimum wage (currently $7.25 an hour). Even in a case where a worker receives a base pay plus tips, the total must be at least the official minimum wage. The wages includes breaks, holidays, and vacations. One situation that is not covered by minimum wage is independent contract work, but 'contract work' is often used by employers to abuse the workers' rights. Every employee must be paid at least twice a month, and receive a pay stub that indicates hours worked, pay rates, and any deductions. (When an employee signs an agreement, deductions like taxes, Social Security payments, health insurance, and union dues can be taken out of the total pay.) For example, someone who is paid $10 an hour and works 40 hours in a week must be paid $400 for that week.

OVERTIME PAY: When an employer has two or more workers, they must be paid time and one half (150%) of their regular hourly rate for every hour over 40 hours worked in a particular week, 40 hours + (extra hours X 1.5) = actual pay. Overtime pay cannot be applied to another week. For example, if an employee works 50 hours in one week and 20 hours in the next week, he must still be paid for 55 hours, 40 + (10 x 1.5) = 55, in the first week. There are some exemptions for farmworkers.

 SAFE AND HEALTHY WORKPLACE: An employee is guaranteed safe and healthy working conditions. This includes to be trained to do a job safely, to know the effects of dangerous materials used in his job, and to provide proper safety equipment for the job. A worker should keep his own records of unsafe and unhealthy working conditions. For example, a worker whose job involves working with dangerous chemicals should be informed about these dangers and provided safety equipment to use when around these chemicals.

WORKERS' COMPENSATION: A worker who is injured or becomes sick as a direct result of his job and which makes him unable to do his job is usually eligible for compensation for lost wages. This includes regular payment from his employer to cover in part lost wages and medical care. It is illegal for an employer to harass or fire a worker because of a work-related injury or illness. Some states have differences in specific laws. A worker should keep his own records of any such injury or illness. For example, if a worker suffers a permanent injury to his knee that prevents him from working on his job, he may be eligible to receive half of his wages, unless he takes another job.

UNEMPLOYMENT INSURANCE: In most jobs, the employer and often the employee pay into a state

unemployment insurance fund. If a worker is laid off or fired, he may be eligible for unemployment payments for a period of time while he looks for another job. Some states have differences in specific laws. For example, if a worker is laid off from his job, he may receive half of his regular pay for 12 weeks while he is looking for another job. In most cases, an undocumented worker may not be eligible for unemployment insurance, even if he pays into the fund.

FAMILY AND MEDICAL LEAVE: When there are 50 or more employees, a worker who has a clear family or medical need can take up to 12 weeks of unpaid leave and return to the same job. This includes the birth of a child, a serious health condition that makes the worker unable to do his job, or a serious health condition of a close family member that requires the worker to care for him. For example, when a worker's child is injured in an accident, the worker can take an unpaid leave up to 12 weeks to care for that child, and then return to the same job.

UNION INVOLVEMENT: All employees have the right to organize or to join a labor union, and to participate in collective bargaining, where all the workers together negotiate with the employer. It is illegal for an employer to punish or fire any worker for union involvement. For example, an employer cannot threaten to fire a worker for talking outside of work with other employees about forming a union, even though this sometimes happens.

There are several actions that you can take to get your legal rights:

FILE A COMPLAINT with the appropriate state or federal agency: These agencies do not ask what a person's immigration status is. Check with the agency for deadlines for filing a complaint. They investigate complaints. If they find a law has been violated, they call on the employer to resolve the problem with the worker, or they can fine or sue the employer.

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FILE A LAWSUIT: An employer can be sued by a private lawyer, or in an important case a civil rights organization may file a lawsuit. These actions do pose some risks to a worker without valid immigration papers. However, they can often be successful without putting an undocumented person at risk.

Other important actions you can take:

CONTACT AN ORGANIZATION CONCERNED WITH IMMIGRANT RIGHTS: A number of organizations are concerned with immigrant rights.

SUPPORT LEGISLATION TO LEGALIZE UNDOCUMENTED IMMIGRANTS: Many immigrants are abused because others take advantage of their fear of being deported. Almost all immigrants today have come to the U.S. for the same reasons as those before them for hundreds of years for opportunities to support their families and to develop themselves economically and socially. Also, many immigrants have come to the U.S. because industrialization and other economic forces have left them in poverty and with few opportunities back home. For example, international trade treaties have not included worker rights and environmental protections. While these treaties create opportunities for large corporations to do business across borders, they do not allow workers to move across borders. One way to limit exploitation is to grant legal immigrant status to those undocumented workers who have come for sincere reasons. A number of organizations are actively working for legalization for undocumented immigrants who are hard workers and who support their communities through their taxes, purchases, and civic activities. For example, the National Coalition for Dignity and Amnesty has lobbied Congress for several years to push for legalization. Also the 2003 Immigrant Workers Freedom Ride was sponsored by labor, community, and church organizations to inform Congress and the American public about the need for legalization and civil rights. Immigrants should examine different proposals to see which ones provide for ongoing and long-term justice.

LOOK FOR AN UNION JOB: In the U.S., when a person is a member of a union, he receives the same wages, benefits, and working conditions and all the other workers under that union contract. That person's immigration status does not matter, and there are many undocumented union workers. Also, a union provides important protections for its members, such as grievance procedures when an employer mistreats a worker. Unions also provide other important protections. For example, unions have intervened with employers when they have received Social Security 'No Match' letters to protect workers’ jobs. Many studies show that union workers clearly receive higher wages, more benefits like health insurance and retirement insurance, greater job security, and better working conditions than nonunion workers. The collective power of many workers together negotiating with an employer is far greater than any individual alone. For example, Latino union members earn 45% more than nonunion Latino workers. Undocumented who are not in unions experience even worse conditions, such as not being paid for what they have earned or even not being paid at all. It is clear why many

employers are against unions. The Labor Movement in the U.S. has been built by immigrant workers for over a hundred years, and the AFLCIO has taken a strong stand on Immigrant Rights.

If you cannot find a union job, talk with a union about labor organizing at your worksite. Some unions also have

Associate Member programs where people not working under a union contract can still belong to the union and receive some benefits, such as identity cards and legal counsel.