There are about 11.5 million undocumented aliens currently in the US. As can be imagined, this is just a best-guess estimate as they are, well, undocumented. Another best-guess estimate is that about 72% of these undocumented aliens are employed, which is the reason why most of them come to the US in the first place.
Of course, it is illegal for US employers to knowingly hire these undocumented aliens under the Immigration Reform and Control Act (IRCA). Because they are working illegally, undocumented aliens are willing to work for wages lower than the minimum, which benefits the employers. Thus, many employers tend to circumvent IRCA by accepting false documents so that they can later claim they believed the employee to have legal status. Visit the website of William Jang, PLLC to contact an immigration lawyer today: http://www.jangattorneys.com/.
While many undocumented aliens do earn more in the US than their native land even at less than the minimum wage, this is still a violation of employment law. Moreover, many employers feel confident about violating even more laws such as engaging in discriminatory practices because their undocumented alien employees are not likely to file a complaint, believing that they are not covered under employment law.
But the fact is they are.
While they should not be working in the US in the first place, federal law on employment makes no distinction about the immigration status of the employee. All employers are subject to labor laws, even if their workforce is 100% undocumented. This includes not only minimum wage but also overtime pay and protection from discrimination. Therefore, an undocumented alien may file a complaint with the appropriate agency for employment law violations.
However, employment laws when it applies to undocumented aliens do have certain limitations, such as the awarding of back pay in a wrongful termination case. But while federal law may impose restrictions, state or city laws may statutorily lift it. It will require an experienced employment law attorney knowledgeable in the federal, state, and city laws as they apply undocumented alien cases to straighten whatever issues may arise.Read More