Noncitizen workers who do not have work authorization generally have the same wage and hour rights as other workers – including the right to minimum wage and overtime pay. An employer cannot refuse to pay you for work you have already done just because you do not have work authorization. This is true even if you are paid in cash, and if you don’t have a written contract. It can be helpful to keep track of your hours and your pay, even taking photographs so you can prove your hours and your pay later.

But, if you lose your job and do not have work authorization, you are not eligible for unemployment insurance benefits.

Noncitizen workers who do not have work authorization are still protected under Federal, New York State and New York City anti-discrimination laws. This means that an employer cannot fire you, refuse to hire you, harass you, or take other negative actions against you because of your national origin, race, color, creed, religion, sex, pregnancy, age, disability, gender identity, sexual orientation, marital status, military status, domestic violence victim status, predisposing genetic characteristics, credit history, caregiver status, or unemployment status.

An employer cannot refuse to hire you just because you have been convicted of a crime, unless there is a direct relationship between the job and your conviction, or you would be an unreasonable risk to the workplace.

If you do have work authorization, an employer is not allowed to discriminate against you based on your citizenship status (for example: being a permanent resident instead of a citizen).

If your employer does discriminate against you, what you can do about it may be affected by your immigration status.

All workers in New York, including those without work authorization, who are injured on the job may apply for workers’ compensation benefits to cover medical treatment, and lost wages in some cases.

Health and safety laws protect all employees, including those without work authorization.

If you are an undocumented worker, you may file claims if your employer has violated your rights. But there is a possibility that your employer could retaliate against you. Retaliation is illegal, but some employers will do it anyway. For instance, if you are undocumented, your employer could report you to U.S. Immigration and Customs Enforcement (ICE). If you are undocumented, you should consult with an attorney with experience in both employment and immigration law before making a complaint against your employer.

For more information, please call the Legal Aid Society’s Immigration Helpline from 9:00am-5:00pm Monday through Friday at 844-955-3425.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.