¡Sí, Se Puede! Report Workplace Violations & Be Protected From Retaliation
“The road to social justice for the farm worker is the road to unionization. Our cause, our strike . . . our international boycott are all founded upon our deep conviction that the form of collective self-help, which is unionization, holds far more hope for the farm worker than any other single approach . . . This conviction is what brings spirit, high hopes and optimism to everything we do.”
-Cesar Chavez
While the words and actions of Chicano labor leader Cesar Chavez achieved substantial strides in workers’ rights over 60 years ago, for the 8 million+ unauthorized immigrants working in the U.S. today, rights to a safe workplace, adequate pay, and freedom from discrimination and reporting retaliation remain a goal, not yet a given. Nonetheless, recent legal action in Pennsylvania and New Jersey seeks to protect the millions of immigrant workers in the Mid-Atlantic region.
On Aug. 8, 2024, New Jersey’s Lt. Gov. Tahesha Way signed a new law to protect immigrant workers by penalizing employers who retaliate against an employee for reporting a potential workplace violation. By providing this anti-retaliation protection, Way hopes to inform immigrant workers of their rights regarding wages, breaks, leaves, workplace safety, and protection from discrimination regardless of status by encouraging them to make reports and hold employers accountable.
Similarly to New Jersey law, Pennsylvania law (including federal law) provides several important protections to immigrant workers, regardless of status. All workers have the right to be paid a minimum wage for all hours worked, which includes protection from deductions for broken equipment or materials. All workers have the right to a safe workplace, employer-paid medical bills for workplace injuries, and temporary leave for illness. Moreover, these protections include prevention of discrimination based on race, skin color, age, national origin, gender, disability, pregnancy, and sexual orientation. For each of these rights, workers have the right to report potential workplace violations and are protected employer retaliation for doing so.
In Pennsylvania, the state office of the attorney general does not share personal information of workers to U.S. Immigration and Customs Enforcement (“ICE”) or other immigration authorities unless required by a subpoena or judicial warrant to do so. Pennsylvania law also protects immigrant workers from fraud, abuse, human trafficking, and other similar injustices.
It is noteworthy that refugee or asylee status automatically provides work authorization that does not expire. However, immigrants with refugee or asylee status may receive only the court order granting asylum and typically do not receive a specific document proving employment authorization with an expiration date. This can confuse employers unfamiliar with immigration laws; however, state and federal law protects refugees and asylees from discrimination stemming from this confusion such as refusal to hire, paying lower wages, wrongfully threatening to involve immigration authorities, and other types of workplace harassment.
If you are an employee with concerns about a workplace violation, or an employer seeking to ensure immigration-related compliance, the attorneys at Norris McLaughlin, P.A. can help you navigate the complexity of immigration-related employment laws. If you need immigration, work authorization, or naturalization assistance, please do not hesitate to reach out to the Immigration attorneys at Norris McLaughlin, P.A. at info@norris-law.com.