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
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).
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