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Undocumented workers' rights under the wage laws

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Brazilian Worker Center, Massachusetts Law Reform Institute, Northeast Legal Aid, and Greater Boston Legal Services
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Wage laws cover all workers. Your immigration status does not matter. If an employer hires you to work, they must follow the wage laws. These include laws about:

In this article, learn how to get help if your employer is not following the law in Massachusetts.

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If I do not have a green card, a work permit, work papers or work authorization, do the wage laws protect me?

Yes. Wage laws cover all workers. Your immigration status does not matter.

If my employer owes me money, can I get it?

You may be able to get the money your employer owes you. Call the Massachusetts Attorney General's Fair Labor Hotline at (617) 727-3465 or file a complaint online.

What can I do if my employer is breaking the law?

If your employer breaks the law, call the Massachusetts Attorney General's Fair Labor Hotline at (617) 727-3465 or file a complaint online.

Does the Massachusetts Attorney General's Office share information with ICE?

No. The Massachusetts Attorney General's Office will not share information with U.S. Immigration and Customs Enforcement (ICE). They have no ties to ICE. The Attorney General's Office wants to hear from undocumented workers who have complaints.

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Can my employer retaliate against me if I complain about my wages?

No. It is illegal for an employer to threaten, punish, or harm a worker in any way for asking to be paid according to the law or for making a complaint to a government agency. Illegal retaliation includes reporting or threatening to report a worker to ICE.

Should I go to the Massachusetts Attorney General’s Office or the U.S. Department of Labor?

You have 2 government resources if you are not paid according to the law:

  1. the Massachusetts Attorney General’s Office, and
  2. the U.S. Department of Labor.

Massachusetts Attorney General's Office

When you file with the Attorney General’s office, your employer may learn you made a complaint. It depends on the type of complaint. That does not mean your employer is allowed to retaliate (get back at you) in any way. When you file a complaint, you can tell the Attorney General’s Office if you want to be anonymous, or a lawyer, worker center, or other community organization can file the complaint for you without including your name.

See the Attorney General’s Fair Labor Division website.

U.S. Department of Labor

The Department of Labor (DOL) enforces federal minimum wage and overtime laws. In the past, DOL did not tell your employer who made the complaint, and DOL did not share information about workers with other federal government agencies. But these policies may be changing. Now, there is some risk that DOL will share workers’ information with other agencies, including ICE.

See the DOL Wage and Hour Division website.

Are there other options for enforcing my rights under the wage laws?

You can also file wage complaints in court. But often you first have to file a complaint with the Attorney General’s Office. You may want to talk to a lawyer before deciding on the best way to enforce your rights under the wage laws.

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Massachusetts Attorney General's Fair Labor Division

U.S. Department of Labor Wage and Hour Division

Know Your Rights Resources - MIRA Coalition
MIRA Know Your Rights resources

MIRA Coalition's Know Your Rights resource page

Know Your Rights handouts

Know Your Rights cards (courtesy of the Immigrant Legal Resource Center)

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