As is true throughout the United States, Pennsylvania has labor laws that protect all workers, regardless of their immigration status.
While there are nationwide standards established under the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Act (OSHA), Pennsylvania’s state laws provide additional protections to ensure fair treatment in the workplace. It’s very important that immigrant workers familiarize themselves with these rights so they can protect themselves from unfair treatment and exploitation.
- Wage and Hour Protections – All workers in Pennsylvania, regardless of immigration status, are entitled to the state minimum wage of $7.25 per hour and overtime pay of 1.5 times their regular hourly wage if they work over forty hours in a week. It is illegal for employers to withhold wages or refuse payment based on immigration status.
- Workplace Safety and Health Standards – Under OSHA, all employees, including undocumented workers, are entitled to a safe workplace free from hazards that could cause injury or illness. Employers are required to provide proper training and safety equipment and to report workplace injuries. Immigrant workers who face unsafe conditions can file a complaint with OSHA without fear of retaliation, even if they lack work authorization.
- Protection from Discrimination and Retaliation – Federal and state laws prohibit workplace discrimination based on race, national origin, religion, sex, or immigration status. In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) provides additional protections against workplace discrimination. Employers are not permitted to fire, harass, or retaliate against workers for reporting labor law violations, seeking unpaid wages, or organizing for better working conditions.
- Workers’ Compensation Rights – Pennsylvania requires employers to provide workers’ compensation insurance covering medical expenses and lost wages due to work-related injuries. This coverage applies to all workers, regardless of their immigration status. Employers who refuse to provide these benefits are subject to having claims filed against them with the Pennsylvania Department of Labor & Industry.
- Right to Organize and Unionize – Immigrant workers have the right to join labor unions and collectively bargain for better wages and working conditions. The National Labor Relations Act (NLRA) protects all employees, including undocumented workers, from employer retaliation for union activities.
Immigrant workers are rightly concerned about their rights in the current environment. Pennsylvania’s employers are subject to strong labor protections from both federal and state laws, and those laws protect all workers, regardless of their immigration status. When employees’ rights are violated, they can seek assistance from worker advocacy groups, legal aid organizations, state labor agencies, and attorneys. If you are an immigrant worker and you need more information about your legal rights, contact an experienced immigration attorney.