By NCI
If you are facing a situation at work that makes you uncomfortable or that you believe is illegal, especially if it is severe or pervasive (it continues to happen), you can take action in California, even if you are undocumented, we learned on a call with The California Equity Initiative (Cal Equity).
“California has workplace protections … Regardless of your immigration status, all workers have the same rights,” says Allison Lim, an attorney with the Center for Workers’ Rights.
Employment Law Attorney Bradley Gage explains that California worker protections are stronger than those at the federal level. “Our protections and laws in California have been stronger for years,” says Gage.
According to Lin, the minimum wage in California is higher than the national minimum wage and overtime laws are stronger. California has robust wage theft protections, meaning workers must be paid for all hours worked. Also, all workers in California are entitled to a safe work environment.
Still, Lin notes that some groups continue to be more vulnerable, especially domestic workers, day laborers, and agricultural workers, many of whom tend to be immigrants.
What to Do
In the case of abuse, your first reaction should be to find others who are also witnessing it. “There is power in numbers, and concerted action [several people together] gives you protection from retaliation,” says Lin. You should also read the employee handbook and be familiar with what it says.
Says Human Resources Professional Janae Trevillion, make sure you document everything, even just taking screenshots on your phone or keeping text messages about any workplace abuses you witness or suffer.
If you do not get an acceptable resolution, Gage says to file a complaint with a lawyer. His firm and many others dealing with worker rights charge contingency fees, meaning you pay nothing unless your case is won. If the case is won, you pay a percentage of the settlement to the lawyers.
Lin adds that the Center for Workers’ Rights offers free assistance based on the filers’ economic level and income.
Contacts · Contactos
Labor Commissioner’s Office: https://www.dir.ca.gov/DLSE/dlse.html
Department of Fair Employment and Housing, CA Civil Rights Division (CRD): https://calcivilrights.ca.gov/
Fair Employment and Housing Act (FEHA): 800-884-1684; contact.center@calcivilrights.ca.gov
Center for Workers’ Rights: https://www.rightscenter.org/; 916-905-5857; info@rightscenter.org; Monday–Friday, 9 a.m.–5:30 p.m.
The California Equity Initiative (Cal Equity): https://www.calequity.org/
Universidad Popular Know Your Rights [Conozca sus derechos] presentations: 760-659-0109; info@unipopular.org
