UNDOCUMENTED WORKER RIGHTS

California labor laws protect undocumented workers or “illegal aliens.” If you are not legally allowed to work in the United States you are STILL ENTITLED to worker’s compensation benefits if you are injured at your job. L.C. Section 3351 defines employee and includes undocumented workers.

You have the right to receive minim wage, earn overtime pay for working more than 8 hours in a day or 40 hours in a week, file wage claims with the state labor commissioner, file workplace safety complaints with Cal/OSHA and work in an environment free from retaliation for exercising their rights.

If you paid into the SDI system, you are eligible to receive state disability insurance benefits up to the amount you put in. If you were paid cash, you are probably not eligible for SDI.

Even if you used false documents to obtain you job, you are still an employee entitled to receive worker’s compensation benefits (excluding reinstatement back to work and back pay). Farmers Brothers Coffee v WCAB (Ruiz) (2005) 70 CCC 1399 (CA 2nd –non pub).