SB 497: How California’s Laws Protect Undocumented Workers

California has long been at the forefront of progressive labor laws, particularly in protecting the rights of workers, regardless of their immigration status. Senate Bill 497 (SB 497) is a crucial part of California’s legal framework that strengthens the protection of workers, including undocumented employees, against workplace discrimination and retaliation.How California Protects Undocumented Workers in the Workplace

To some people’s surprise, California has some of the most comprehensive labor protections in the country, especially for undocumented workers. It is a common misconception that undocumented workers do not have the same rights as documented employees. Employers who use immigration status as a weapon to get their way are not only extremely unethical, but they are breaking a number of anti-discrimination laws and basic worker’s rights. 

California Labor Code Section 1171.5 ensures that all employees, regardless of immigration status, are entitled to the same legal protections as documented workers. This means undocumented workers have the right to receive minimum wage and overtime pay, retain the right to take meal and rest breaks, are protected from discrimination and harassment, and can file wage theft claims against their employer. 

Even though there are some federal laws that restrict some legal remedies for undocumented workers, California ensures undocumented workers that they do have the same rights as everybody else. Should they face any injustice, they can exercise their right to recover any financial losses. 

Understanding SB 497 

SB 497 is a significant addition to California’s labor protections because it amends and strengthens California labor laws by making it easier for employees to prove retaliation when they face unfair treatment. While the bill is primarily focused on workplace discrimination and retaliation, it extended a worker’s ability to file a claim and to exercise their rights. 

The main provisions of SB 497 are:

Presumption of Retaliation– Before SB 497, it was difficult for employees to prove retaliation, however with the passing of SB 497, if an employer takes adverse action (such as firing, demotion, or reduced hours) against an employee within 90 days of them asserting their labor rights, there is a legal presumption that the action was retaliatory. 

1. Fines for Employers– If an employer is found guilty of retaliation, they may be required to pay a civil penalty of up to $10,000 per employee, in addition to back pay, reinstatement, and other remedies.
2. Broad Application to Workplace Rights– SB 497 applies to any worker who speaks out against violations such as:

• Wage theft
• Unsafe working conditions
• Discrimination or harassment
• Unlawful termination
• Violations of paid sick leave or meal breaks
• Union organizing activities

1. Protection for Undocumented Workers– The law reinforces that immigration status does not affect a worker’s rights under California labor laws. Employers are prohibited from using a worker’s undocumented status as a basis for retaliation.

What Undocumented Workers Should Know About Their Rights

Undocumented workers in California are entitled to important labor protections, regardless of immigration status. The following points outline the fundamental rights all workers should be aware of:

Labor Rights Remain Intact
Immigration status does not diminish a worker’s right to fair wages, safe working conditions, and protection from workplace discrimination or harassment.

Retaliation Based on Immigration Status Is Illegal
Employers are prohibited from using immigration status as a means of retaliation. Threats of deportation or similar intimidation tactics in response to asserting workplace rights are unlawful under California law.

Violations Can Be Reported Without Fear
Undocumented workers have the right to file complaints with government agencies, such as the California Labor Commissioner’s Office. These agencies are committed to protecting workers and do not inquire about immigration status when investigating labor violations.

Workers’ Compensation Is Available
In the event of a workplace injury, undocumented workers are eligible to receive medical care and workers’ compensation benefits. Legal status does not affect the right to pursue compensation for job-related injuries.

What To Do If An Undocumented Worker Is Mistreated In the Workplace?

If an undocumented worker is mistreated or threatened by their employer, it is important that they take action in order to right any injustice they face. As SB 497 is part of California’s broader effort to protect workers from discrimination and retaliation, it reinforces the rights of undocumented employees by giving them a chance to fight back against any employers using unlawful workplace practices. If an individual is experiencing workplace discrimination or retaliation due to their undocumented status, it is strongly advised to seek assistance from a labor rights organization or an experienced employment law firm such as Lawyers for Justice, PC.

Lawyers for Justice, PC is a top-rated employment law firm dedicated to advocating for workers who have been subjected to discrimination, retaliation, and other workplace violations. Regardless of immigration status, the firm’s skilled legal team is committed to pursuing justice and securing the compensation their clients deserve.

Contact (818) 265-1020 today for a free case consultation.