You may have come to California to enjoy the freedom America offers, but you still need to earn a living wage. Some employers treat undocumented employees fairly, while others take advantage of their vulnerability by paying them less than they have earned.

The joke is on them because even as an undocumented worker, you have employment rights, including the right to fair pay. To make things as clear as possible, here are two crucial rights undocumented workers have and information about resolving wage violations.

Minimum wage and overtime pay

You are entitled to receive at least the state’s minimum hourly wage, which is currently $16 per hour for most employees. This means you must be paid no less than this rate for all hours worked, whether measured in time, piece rate, commission, or other methods. 

Additionally, you are entitled to overtime pay for any hours worked beyond eight in a day or 40 in a week.

Breaks and meal periods

California law requires employers to provide rest and meal breaks to all workers, including undocumented workers. Employees must receive a net 10-minute rest period for every four hours worked and a meal period of at least 30 minutes if they work more than five hours. 

Employers must relieve you of all duties during meal periods, and failure to provide these breaks results in additional pay for the worker.

Filing a wage claim

If your employer violates your rights, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE). The DLSE investigates complaints about wages and can help recover unpaid wages.

You also have the right to legal representation if your California employer pays you unfairly. Exercising this right can strengthen your wage and hour claim.