Introduction
New immigrants to the U.S. often have no idea that they are workers in the U.S. labor market with rights to the same safe working conditions and fair wages as other workers. They may also be unaware that they have the right to collective action to protect their interests as workers. In order to protect themselves at work, new immigrant workers first need to know that they have rights at all. As laws change and as there are from time to time practices that are discriminatory against certain groups of workers in this country, how are workers to know their rights? In this column, I will outline 5 key rights that every worker should know in order to protect himself or herself in the workplace.
- Right to safe working conditions
- Right to fair wages
- Right to collective action
- Right to be free from discrimination
- Right to report violations without retaliation
Understand Your Basic Worker Rights
Fair Labor Standards Act Rights of Workers Unknown to Many Workers Across North Carolina and Florida.
Know your rights! Everyone deserves to work in a safe environment free from sexual harassment and from being discriminated against for who you are. Federal labor laws were put in place to protect workers in the U.S. Labor lawyer William Vasquez explained, “Knowing your rights is key to protecting yourself at work.”
As mentioned earlier, a large number of migrant laborers with immigrant status are unaware that they too are entitled to same protections as other workers under the federal labor laws. With recent updates in the regulations of North Carolina and Florida designed to crack down on the employment of undocumented workers, there will be a greater need for more effective protections and for their strict enforcement for this group of workers.
Find out how you can exercise your right to form or join a union and collectively bargain to improve your wages and working conditions at work. There are many examples of workers who have collectively bargained to obtain higher wages and better working conditions on the job.
The most important thing an injured worker can do is report their injury to their employer as soon as possible and to treat any injuries that they receive as best as they can. Injured workers should report their injuries within 30 days in order to preserve their right to receive work injury compensation and to receive an adequate amount of medical treatment for their work related injuries. Workers also have the right to organize in the workplace in order to attempt to bring about improvements in the workplace. Workers have rights when organizing in the workplace to form union, to distribute literature, to wear buttons and hold meetings and to seek assistance from local labor unions that can provide workers with information and resources to inform workers of their rights and to protect workers from employers’ violation of workers’ rights while attempting to organize in the workplace. Workers are also protected by the National Labor Relations Act (NLRA) when attempting to organize in the workplace to improve working conditions in order to form union or to collectively bargain with their employer in order to receive higher wages and better benefits in the workplace.
Verify Workplace Safety Regulations
A workplace injury can turn your world upside down. If you have suffered an injury at work, report it to your employer within 30 days to protect your rights to work injury compensation. Get medical help for your injury as soon as possible, and keep monitoring your health and symptoms as you recover from your injury. Also, make sure you get safety training in a language which you hold as your native tongue as it has been proven that you can recall more safety tips when taught in a language that you hold as your native tongue.
Vasquez Law Firm has recently represented many immigrant workers who reported unsafe working conditions to their supervisors and/or to OSHA and we won their cases. The reporting of possible hazards or unsafe working conditions are absolutely protected activities under the law. Workers have the right to report them without fear of retaliation. Many workers are refused work due to injury or due to work being deemed unsafe or unhealthy. Workers have the right to refuse such work and cannot be disciplined or retaliated against for doing so. Many workers and their families are devastated by work injuries and do not know all of their rights to receive full workers’ compensation benefits to assure 100% recovery from work injuries. Vasquez Law Firm is dedicated to help all workers receive 100% of all workers’ compensation benefits to which they are entitled. This coming year 2026, OSHA will greatly broaden the ability to obtain safety training certifications for many emerging hazards including those hazards for which heat illness prevention standards will be promulgated. Knowing the rights that workers have in cases of work injury or unsafe working conditions and how to apply them in order to recover from injury in the safest manner possible and return to work in the shortest period of time is extremely important to the health and well-being of all workers. Your workplace should also inform you of the procedures to follow in case of an emergency at work.
Recognize Anti-Discrimination Protections
You are not powerless against workplace discrimination. By educating yourself about your rights and knowing how to assert them, you can defend your own rights and those of your co-workers. Discrimination is based on certain characteristics that are protected by law. These include:
- Race
- Color
- Religion
- Sex
- National origin
- Age
- Disability
The Equal Employment Opportunity Commission (EEOC) is one powerful tool for educating workers about their rights and protecting them from workplace discrimination. EEOC updates its policies and practices from time to time, and these updates are especially important for certain vulnerable groups of workers and immigrants. Moreover, discrimination laws are evolving at the local level and are relevant to workers in a particular city or neighborhood. For example, in Philadelphia, it is now illegal to discriminate on the basis of a worker’s menstruation or menopause.
If you experience discrimination or even harassment in the workplace, you have the right to file a complaint with the EEOC. There are many groups that advocate for immigrant workers and can help you file a complaint and understand your rights in more detail. Workers also have the right to be free from retaliation for opposing discrimination. You should be able to express yourself in the workplace without fear of retaliation.
Confirm Wage and Overtime Rights
Is your pay fair? Under Federal Wage and Hour laws, all workers must be paid at least $7.25 per hour. But, the minimum wage for employees working in certain states and the District of Columbia is higher than the Federal minimum wage. The minimum wage for workers in Florida, for example, will increase to $14.00 per hour on July 1, 2026 for employers with 6 or more employees.
If you suspect you or another worker is not receiving the proper pay, you must report it to your boss or the Department of Labor immediately. You have rights and the voice to stand up for them. Even if your boss is not paying you the wage you deserve, you can file a claim with the Labor Department of Labor to ensure that you are being compensated fairly for your work. The U.S. Department of Labor recovered $77,787 in back wages for 76 workers following an investigation into overtime wage violations by a contractor performing work on a Federal Aviation Administration (FAA) contract at Austin-Bergstrom International Airport in Austin, Texas.
If you suspect you or another employee is not receiving the proper compensation for their work, notify your employer immediately or contact the Department of Labor. Every worker has rights and a voice. Even the best employers make mistakes. All workers are entitled to fair compensation for a job well done. The U.S. Department of Labor recovered $77,787 in back wages for 76 workers after an investigation into overtime violations by a contractor performing work under a Federal Aviation Administration (FAA) contract at the Austin-Bergstrom International Airport in Austin, Texas.
Check Family and Medical Leave Entitlements
Do you know your rights as an employee when it comes to taking time off to care for your family and/or to heal from illness and/or from surgery? The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of UNPAID leave to care for loved ones and to recover from illness/surgery. Employees on FMLA leave are guaranteed to return to work at the expiration of their leave and are guaranteed to return to work in the same or equivalent position.
How will you protect yourself from your employer when they want to deprive you of your right to family leave? Note that your workplace is strictly prohibited from retaliating against you for taking FMLA leave.
Is your state or place of work one of those that also offer family leave and perhaps with even greater benefits to their employees? If so, then be sure to find out more about it.
As you prepare to request leave, keep a log of when you request the leave and be sure to save all correspondence with your employer regarding your leave.
Conclusion
New immigrant worker rights can be confusing but understanding 5 of the most fundamental rights and how they will protect you in the workplace is crucial in establishing a safe working environment for all workers including immigrant workers and workers of color. These rights will aid in protecting your employment when you require time off from work and your wages when you have earned them.
These rights will help to ensure that you are able to report working in hazardous working conditions, be fully paid for your wages, and be able to take a break to which you are entitled without being retaliated against. These worker rights along with this information are very valuable in helping workers, immigrants and workers of color in particular, learn about the laws that protect them in the workplace as well as who can assist them if needed.
Knowing your rights will empower you to demand respect of your rights and fair treatment of you at work. Education of your rights, such as those afforded by the EEOC, will go a long way to help you in your struggle for fair treatment of you in the workplace. The attorneys at Vasquez Law Firm are here to assist you in your time of need. Whether it is the discrimination, harassment or other unfair treatment of you in the workplace that you are facing, we are here to assist you with expert legal representation. When you stand up for your rights, you are not only standing up for your rights, you are helping to create a workplace where all employees can feel free to express themselves without fear of retaliation.
Frequently Asked Questions
What are the basic worker rights under the Fair Labor Standards Act?
Workers have the right to a safe work environment free from sexual harassment and discrimination. They are also entitled to protections under federal labor laws, including the right to form or join a union and collectively bargain for better wages and working conditions.
Are migrant laborers with immigrant status protected under federal labor laws?
Yes, many migrant laborers with immigrant status are entitled to the same protections as other workers under federal labor laws, although they may be unaware of these rights.
What should an injured worker do after an injury at work?
An injured worker should report their injury to their employer within 30 days to preserve their right to work injury compensation and seek medical treatment for their injuries.
What rights do workers have when it comes to workplace safety?
Workers have the right to report unsafe working conditions without fear of retaliation. They can refuse unsafe work and cannot be disciplined for doing so.
How can workers organize in the workplace?
Workers have the right to organize, form unions, distribute literature, wear buttons, hold meetings, and seek assistance from local labor unions to improve working conditions and negotiate better wages.
What is the National Labor Relations Act (NLRA)?
The NLRA protects workers' rights to organize and collectively bargain with their employers to improve working conditions and receive better wages and benefits.
What should workers do if they experience unsafe working conditions?
Workers should report unsafe conditions to their supervisors or OSHA. Reporting such hazards is a protected activity under the law.
What is the importance of safety training for workers?
Safety training should be provided in a language that workers understand best, as it enhances their ability to recall safety tips and practices.
How can Vasquez Law Firm assist workers?
Vasquez Law Firm helps workers receive the full workers' compensation benefits they are entitled to and provides legal representation for those who report unsafe working conditions. They offer free initial consultations and evaluations across various practice areas.
List of Sources
- Understand Your Basic Worker Rights
- Labor Department Proposes New FLSA Independent Contractor Rule (https://nahb.org/blog/2026/02/dol-revisiting-independent-contractor)
- Workers' Rights Ice'd Out | AFL-CIO (https://aflcio.org/reports/workers-rights-iced-out)
- 2026 Federal Labor Law Changes: Overtime, EEO-1 & More (https://safeguardglobal.com/resources/blog/2026-federal-labor-law-changes)
- Immigrant Worker Discrimination: Your Rights in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/immigrant-worker-discrimination-rights)
- Verify Workplace Safety Regulations
- OSHA 2026 Changes: What Employers Must Prepare For (https://oshaoutreachcourses.com/blog/osha-changes-and-preparation)
- Why language matters for workplace safety and health (https://beta.dol.gov/news-events/blog/why-language-matters-workplace-safety-and-health)
- January 14, 2026 | Occupational Safety and Health Administration (https://osha.gov/quicktakes/01142026)
- What’s New in OSHA Safety Training? A Look at 2026 Regulations (https://impactsafetyinc.com/whats-new-in-osha-safety-training-a-look-at-2026-regulations)
- News Releases | Occupational Safety and Health Administration (https://osha.gov/news/newsreleases)
- Recognize Anti-Discrimination Protections
- Quick Hits: Updates at the EEOC and NLRB to Start 2026 (US) (https://employmentlawworldview.com/quick-hits-updates-at-the-eeoc-and-nlrb-to-start-2026-us)
- How state and local anti-discrimination laws are expanding worker protections (https://fresnobee.com/news/nation-world/national/article315443351.html)
- Enforcement and Litigation Statistics (https://eeoc.gov/data/enforcement-and-litigation-statistics-0)
- New California law requires annual workplace rights notice | California Department of Industrial Relations (https://dir.ca.gov/DIRNews/2026/2026-14.html)
- DOJ Says EEOC Disparate Impact Guidance Is Unlawful (https://clarkhill.com/news-events/news/doj-eeoc-disparate-impact-title-vii-guidance-2026)
- Confirm Wage and Overtime Rights
- LWDA | Labor & Workforce Development Agency (https://labor.ca.gov/2025/12/31/new-worker-protections-taking-effect-in-california-on-january-1-2026)
- 2026 Federal Labor Law Changes: Overtime, EEO-1 & More (https://safeguardglobal.com/resources/blog/2026-federal-labor-law-changes)
- News Releases (https://dol.gov/newsroom/releases/whd)
- State Minimum Wage Laws (https://dol.gov/agencies/whd/minimum-wage/state)
- Check Family and Medical Leave Entitlements
- New NJ Family Leave Act Broadens Employee Access and Benefits, Complicates Employer Compliance - Jackson Lewis (https://jacksonlewis.com/insights/new-nj-family-leave-act-broadens-employee-access-and-benefits-complicates-employer-compliance)
- Updates - Washington State's Paid Family and Medical Leave (https://paidleave.wa.gov/updates)
- 2026 FMLA Update: News Recap & Legal Insight - ESI Group (https://theeap.com/regulatory/2026-fmla-update-news-recap-legal-insight)
- State paid family leave benefit changes in 2026 (https://hrdive.com/news/state-paid-family-leave-benefit-changes-in-2026/809625)
- State Leave Laws Continue to Expand in 2026: What Multistate Employers Should Know (https://womblebonddickinson.com/us/insights/alerts/state-leave-laws-continue-expand-2026-what-multistate-employers-should-know)
