Many immigrants experience violation of their employment rights beyond nonpayment of the last paycheck. A complaint made to the U.S. Department of Labor or state government agencies can also include complaints about other labor law violations, including unpaid overtime, workers’ compensation abuses and minimum wage violations.
Many of the groups listed above under “What If the Employer Does Not Pay the Last Paycheck?” can also assist in addressing other labor law violations.
Note: It is illegal for an employer to retaliate against an immigrant employee for demanding his or her rights.
Retaliation occurs when an employer fires an employee or takes any other type of adverse action against an employee for engaging in protected activity, including:
- inquiring about their pay, hours of work or other rights;
- asserting their worker rights;
- filing a complaint about their worker rights or
- cooperating in an investigation by the U.S. Wage and Hour Division of the Department of Labor.
Your employer cannot terminate your employment or take other adverse action against you for exercising your rights. If an employer retaliates against you, you may make a complaint with the U.S. Wage and Hour Division of the Department of Labor. Complaints should be made to the nearest District Office of the U.S. Wage and Hour Division of the Department of Labor. A directory of Wage and Hour District Offices can be found on the Department of Labor website at dol.gov/dol/location.htm. The Wage and Hour Division’s toll-free help line can be reached at 1-866-487-9243.