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US Immigration
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Posted 11/29/2008 |
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LEGAL NOTES /
By REUBEN SEGURITAN |
Undocumented Workers Have Rights
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The current economic crisis has resulted in a rising
unemployment rate in the U.S. A huge number of workers have been
laid-off even by big U.S. companies.
The huge job loss of U.S. citizens and legal permanent residents
has led to an increase in the crackdowns and raids on companies
hiring undocumented aliens. Presumably, these draconian policies
are intended to discourage illegal immigration to the U.S. so
that jobs could be made available for the displaced U.S.
citizens and permanent resident workers.
Under the current situation, many have asked if undocumented
workers have rights.
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Under the Fair Labor and Standards Act (FLSA) which guarantees
fair treatment in regards to compensation and time worked for
covered employees, undocumented workers are entitled to the same
pay as legal workers for time worked and pay-outs for accrued
vacation on termination. They are entitled to minimum wage,
overtime pay and work breaks.
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Workers' compensation laws provide financial assistance for
employees who are disabled as a result of illness or injuries
incurred in the course of, and as a result of, their employment.
They provide wage loss relief, medical care, rehabilitation and
survivors’ benefits. While workers compensation plans vary from
state to state, compensation is granted even to undocumented
workers, as a general rule, provided they prove that the
disability was the result of work-related injury or occurrence.
They also have health and safety rights. They can refuse to
perform unsafe works which may pose a real danger to them or
their co-workers.
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Labor relations laws also allow them to organize or join
labor unions in order to improve their working
conditions.
Regarding unemployment benefits, undocumented workers
may not be eligible to receive them since most states
require individuals to have valid social security
numbers. In addition, undocumented workers are
considered not “able to work” and “available to work.”
As to social security benefits, undocumented workers are
not eligible to receive these until they have achieved
legal status, even though they made tax contributions
during their unauthorized employment. Social security
benefits include retirement, disability, supplemental
security income, medicare and survivor benefits. Once
they have obtained legal status, the computation of
credits and benefits will retroact to the time of their
contribution.
Do the antidiscrimination laws protect them? Yes. This
means that their employers cannot fire them, refuse to
hire them, harass them or take any action because of
their national origin, race, color, sex, age and
religion.
Employers cannot use their undocumented status to fire
them for complaining about not paying them wages.
Employers are prohibited from retaliating against
workers who assert their rights under the law.
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REUBEN S. SEGURITAN
has been practicing law for over 30 years and is included in the Marquis Who’s Who in American Law. A former law editor and professor, he is also the author of a book on immigrant experiences. He has spoken in international and national conventions and has been interviewed on radio and television, including the ABC Nightly News. He has participated in meetings with White House staff and the Immigration Commissioner to discuss immigration reforms. For his community service and advocacy, he has received numerous awards in the U.S. and abroad. For more information, you may log on to his website at www.seguritan.com or call (212) 695-5281 |
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