How a New Federal Deferred Action Program Protects Employee Rights

If you work in the US, you have the right to fair employment. Full stop. Whether you’re a citizen, permanent resident, recipient of an employment visa, or even an undocumented immigrant, you have the same right to fair pay and safe working conditions as anyone else. 

Many people don’t realize that, especially those without US citizenship. As a result, plenty of unscrupulous employers out there can and do take advantage of noncitizens by paying them less than the minimum wage, forcing them to work illegal hours, and refusing to provide safe conditions. They hold workers’ uncertain immigration status hostage, threatening to deport them if they report the company for wage and hour violations. 

Obviously, this is bad for the workers involved. What many don’t realize is that it’s bad for other employees in the same industry. The companies that take advantage of undocumented immigrants can make more money by evading mandatory payroll and safety expenses. As a result, every other business in the industry is pressured to cut costs and benefits for workers to remain competitive. 

That’s why a new federal deferred action program is being offered to workers at abusive or dangerous companies. This program will protect noncitizen workers who report illegal activities from deportation. As a result, exploitative employers can no longer hold their workers’ lives and families hostage to prevent them from making reports. Here’s how the program works and what you can do if your employer abuses your immigration status.

New Streamlined Deferred Action Program Could Help Crack Down on Abusive Employers

Deferred action programs are initiatives by U.S. Citizenship and Immigration Services (USCIS) that grant the agency and federal immigration judges the right to delay the deportation of an individual. As long as someone is the recipient of deferred action, they are considered a lawful US resident with the right to receive employment authorization. In other words, deferred action allows someone to live and work in the country who would otherwise be deported. 

The new initiative specifically streamlines applying for deferred action for people who make qualifying reports against their employers. Suppose an employee wants to report an exploitative company or cooperate in a labor standards investigation. In that case, they can request deferred action so their employer cannot retaliate and have them deported. The standard deferral period is two years, giving the worker more than enough time to achieve an official visa to remain in the country once it expires.

This is particularly valuable for California workers. As a sanctuary state, California is home to thousands of undocumented people who are particularly vulnerable to exploitation. By making the most of the deferred action program, these workers can take action against abusive companies and improve working conditions for themselves and others.

When Should You Talk to a Lawyer About Your Working Conditions?

Regardless of how you entered the US, you have the right to fair pay and employment in California. If you think your rights are being violated, you can get help. A skilled employment lawyer can explain the best way to get the wages and working conditions you’re owed. 

So when should you talk to an attorney? Usually, the right time to get in touch is after you’ve told your employer about a rights violation and it has refused to fix the problem. Some of the most common employment violations you might experience as an immigrant include:

• Being paid less than minimum wage: The minimum wage for California is $15.50 an hour, and many municipalities set it even higher. No matter what kind of work you do, you should be paid at least the local minimum wage. Your employer can’t withhold anything other than taxes and Social Security to reduce your hourly pay below this amount. 
• Being paid unfair piecework rates: If you work in the garment industry or somewhere else that pays piecework rates, you’re still owed the minimum wage. If you don’t make enough pieces to hit that amount, your employer has to give you the minimum wage instead of the piece rate. If it doesn’t, it’s committing wage theft.
• Not getting overtime as an hourly worker: All non-exempt workers, including hourly employees, should be paid time and a half if they work more than 8 hours a day or 40 hours a week. If you aren’t getting overtime for extra work, your employer is stealing your wages.
• Forcing you to work off the clock: Your employer cannot require you to do work before you clock in or after you clock out. If you’re working, you should be getting paid.
• Not getting your last paycheck: If you get fired, your employer should give you your final paycheck immediately. If you quit, it needs to send you your final check within 72 hours. If it doesn’t do so, it can start accruing penalties that it must pay to you along with your unpaid wages. 
• Not receiving mandatory breaks: All non-exempt workers have the right to a half-hour unpaid lunch break after working at least 5 hours in California. They also have the right to a paid 10-minute break for every 4 hours worked. If you’re forced to skip or work through breaks, your employer is violating your rights. 

If any of these issues sound familiar, your employer is violating your rights. Regardless of your immigration status, you may be able to file a claim. To get started, talk to the expert lawyers at the Law Offices of Todd M. Friedman, P.C. We have decades of experience fighting and winning legal battles for workers in California and around the country. We will help you understand your options, request deferred action if necessary, and fight for fair treatment at work. Get in touch to learn how we can help you.