Recently arrived immigrants often face various forms of retaliation in the workplace, and while they have guaranteed protections against this discrimination, many hesitate to report harassment or are simply unaware that these protections exist.
Mel González, Project Director for the Employment Law Project at NYLAG, joined Documented for a question-and-answer session to offer recently arrived immigrants’ crucial legal insight on their workers’ rights and protections in New York State.
“Documented was joined by Mel González, project director for the Employment Law Project at New York Legal Assistance Group. During the event González answered questions sent in by readers of Documented’s WhatsApp newsletter, Semanal, and provided a summary of the rights and protections for undocumented migrants working in the state.
“’Regardless of your immigration status, you have rights in New York State,’ González said, who focused his conversation on questions surrounding deportation, employment, and wage theft.
“As González explained, since 2021 it has become illegal in New York to threaten someone with reporting their status to immigration authorities. However, González said that immigrants, primarily those undergoing immigration proceedings, may still not be aware of their rights. Many may hesitate to report workplace harassment and discrimination for fear that their employer will contact immigration agencies. ‘It’s a form of retaliation,’ he said in Spanish, explaining to the crowd that people are protected under NYS labor law against such forms of retaliation. ‘I have heard ‘I will report you to la migra and they will deport you,’ he said regarding some of his clients’ claims.
“González noted different types of retaliation can occur at the workplace, including discrimination for belonging to a group or ethnicity. ‘I also hear a lot about older employees getting fired to be replaced by younger employees. That is also a form of discrimination,’ he said, adding that people have protections and can be compensated if they suffer damages from employment discrimination.
“Many of González’s clients often reported not being paid for working overtime, to which González said: ‘You have to be paid one and a half the hourly rate.’ The question about overtime pay and minimum wage is also a popular question in Documented’s WhatsApp channel where some have reported being paid less than minimum wage in New York, which is $16.00 for 2024. If you think your wages have been stolen, Documented has compiled a list of resources to help.‘”
Read the full piece by Rommel H. Ojeda in Documented from August 14, 2024.