The Rights of Undocumented Workers Under NYC Employment Law

What Every Worker in New York City Should Know

Many undocumented workers in New York City live with a difficult reality: they help drive the city’s economy while fearing they have no legal protections at work. Employers often take advantage of this fear, assuming they can underpay, harass, or fire undocumented employees without consequences.

But here’s the truth — undocumented workers in NYC still have rights under employment law. Whether you’re working in construction, restaurants, retail, or domestic work, you are not invisible under the law.

Fundamental Workplace Rights Apply to All Workers

In New York City, labor laws protect workers regardless of immigration status. That includes:

• The right to be paid minimum wage and overtime
• The right to a safe workplace
• The right to be free from discrimination and harassment
• The right to report violations without retaliation

Employers who violate these rights can be held accountable, even if the employee is undocumented. Immigration status cannot be used as an excuse for wage theft, dangerous working conditions, or discriminatory treatment.

Discrimination Based on Immigration Status Is Illegal

Under the New York City Human Rights Law, it is illegal for employers to discriminate against workers based on their actual or perceived immigration status. That means:

• You cannot be treated unfairly or differently because your employer thinks you’re undocumented
• Employers cannot threaten to call immigration authorities as a form of control or retaliation
• You have the right to work in an environment free from intimidation and abuse

This law protects all workers — documented or not — in hiring, firing, promotions, pay, and working conditions.

Wage Theft and Undocumented Workers

Wage theft is one of the most common violations undocumented workers face. Employers may:

• Pay less than minimum wage
• Refuse to pay overtime
• Withhold wages or tips
• Ask employees to work off the clock

New York State law requires that all workers be paid fairly, and undocumented status does not erase that obligation. Workers can file a wage claim even if they do not have a Social Security number or work authorization. In fact, some of the strongest wage theft cases involve undocumented employees who kept detailed records and sought legal help.

Can You Be Fired for Speaking Up?

If you’re undocumented and report a violation — whether it’s about pay, safety, or harassment — your employer cannot legally retaliate by firing you, threatening you, or reporting you to immigration authorities.

Retaliation is against the law. If it happens, you may be entitled to damages or reinstatement. And in many cases, courts have ruled that immigration status is not relevant to your right to sue an employer for retaliation or wage violations.

What to Do if Your Rights Are Being Violated

If you’re undocumented and experiencing abuse or exploitation at work, here are a few steps you can take:

• Document everything — keep a journal of hours worked, pay received, names of supervisors, and any abusive behavior
• Save communications — texts, emails, and written schedules can support your case.
• Speak with an employment attorney. Lipsky Lowe offers confidential consultations without requiring immigration status disclosure.
• Act quickly — claims must often be filed within a limited time period

You do not need to suffer in silence. Legal help is available, and you do not need to share your immigration status just to ask questions.

Everyone Deserves Respect at Work

Your immigration status doesn’t erase your humanity — or your legal rights. If you’re being underpaid, threatened, or mistreated, contact Lipsky Lowe LLP for a confidential consultation. We’ll help you protect yourself, your work, and your future.