Monday, October 14, 2013

Attorneys Note New Labor Law Protects Illegal Immigrant Employees

California attorneys note a new labor law, SB-666 Employment:retaliation, that protects illegal  immigrant workers and family members. The labor law prohibits employers from making threats to an employee about reporting an employee's illegal status when the worker complains.  SB-666 also protects workers from an employer's retaliation, such as firing or discriminating against the employee, when the worker complains. SB-666 protects past, current and future employees alike.

The new labor law also prohibits attorneys from using immigration related threats to workers complaining or reporting on ill working conditions. The law seeks to end the threats made by attorneys representing employers to prevent illegal immigrant workers from testifying, giving a deposition, or voicing their rights. Attorneys may be disbarred, suspended or given other discipline for reporting or threatening to report the immigration status of a witness, including his/her family member, for voicing employment rights.

Making immigration related threats about an employee's family members by an employer or an attorney is also illegal.

Punishment for Employers Making Immigration Threats to Employees:

  • Suspension or revocation of business or professional license
  • Civil penalty of $10,000 per employee for each violation
  • Pay unpaid wages for hours worked or not giving lawful meal and rest periods.
  • Other fines and penalties may apply
California attorneys who work on employment cases and matters know that undocumented workers are the most vulnerable and the most subject to abuse by employers not following Federal and California laws regarding labor. Most undocumented workers typically work in low-wage jobs such as manufacturing, construction, agriculture, and service industries. LibertyBell Law Group's California civil attorneys regularly represent and win wage and hour cases for illegal immigrants, most of which are resolved quickly through a favorable settlement.

A 2010 UCLA study, ("Wage Theft and Workplace Violations in LA: The Failure of Employment and Labor Law for Low-Wage Workers"), found 76% of undocumented workers worked without pay and 85% did not receive overtime pay. Immigrant workers were also more likely to be killed or injured on the job.

If you are an illegal immigrant or undocumented worker and want to know your employee rights in California, click here. If you believe your employer is acting unlawfully, call us at 855-200-ATTY (855-200-2889) and speak to an attorney with expertise in employment matters in California.

If you are an employer and want to make sure your business is operating within the confines of California and Federal laws, need your employment manual reviewed, or need your operating procedures and policies reviewed or advised on, call our expert civil attorneys now at 855-200-ATTY (855-200-2889).

No comments:

Post a Comment