Protections against retaliation

Employers may not punish workers for exercising their rights under wage and hour laws.

It is against the law for an employer to punish, discriminate against, or harm a worker in any way for trying to enforce their wage and hour rights. For example, an employer may not retaliate against a worker because the worker complained to Attorney General's Office or any other person about violation of the worker's rights (or a co-worker's rights).

Examples of retaliation

Retaliation includes:

• firing a worker
• taking away pay or hours
• giving the worker undesirable assignments or shifts
• reporting the worker or the worker's family to immigration authorities
• threatening to punish the worker
• taking any other adverse action

Additional Resources

Anti-Retaliation Fact Sheet

Anti-Retaliation Fact Sheet (Spanish)

Anti-Retaliation Fact Sheet (Portuguese)

Anti-Retaliation Fact Sheet (Chinese, Simplified)

Anti-Retaliation Fact Sheet (Chinese, Traditional)

Anti-Retaliation Fact Sheet (Vietnamese)

Anti-Retaliation Fact Sheet (Khmer)

Immigrant workers are protected

Wage and hour laws apply to all workers, regardless of immigration status, including undocumented workers. If an employer reports or threatens to report a worker to immigration authorities because the worker complained about a violation of their rights, the employer can be prosecuted and/or subject to civil penalties.

Additional Resources

FAQ - AG's Role in Supporting Worker Requests for Deferred Action to Provide Protection from Immigration Related Retaliation

Advisory on the wage and hour rights of immigrant workers

Advisory on the wage and hour rights of immigrant workers (Spanish)

Advisory on the wage and hour rights of immigrant workers (Portuguese)

Advisory on the wage and hour rights of immigrant workers (Chinese)

Advisory on the wage and hour rights of immigrant workers (Haitian Creole)

Advisory on the wage and hour rights of immigrant workers (Vietnamese)

Advisory on the wage and hour rights of immigrant workers (Khmer)

FAQ - AGO's Role in Supporting AGs Role in Supporting Worker Requests for Deferred Action to Provide Protection from Immigration Related Retaliation (Chinese)

FAQ - AGO's Role in Supporting AGs Role in Supporting Worker Requests for Deferred Action to Provide Protection from Immigration Related Retaliation (Spanish)

FAQ - AGO's Role in Supporting AGs Role in Supporting Worker Requests for Deferred Action to Provide Protection from Immigration Related Retaliation (Portuguese)