The Legal Juice

In today's diverse workforce, it is important to understand that an employee's immigration status should never be an obstacle to seeking justice. Regardless of their citizenship or immigration status, employees are entitled to certain rights and protections under federal and state laws. This blog aims to shed light on how an employee's immigration status does not hinder them from bringing wage and hour claims against their employer. 1. The Fair Labor Standards Act (FLSA) Protects All Workers: According to the Fair Labor Standards Act (FLSA), undocumented workers have the same basic employment rights as other workers. This means that they are entitled to receive minimum wage and overtime pay. Regardless of their immigration status, employees have the right to fair compensation for their work. 2. National Labor Relations Act (NLRA) Safeguards Undocumented Workers: The National Labor Relations Act (NLRA) ensures that undocumented workers have the right to join labor organizati...

It's crucial to stay informed about the ever-changing regulations surrounding employment eligibility verification. One important aspect to understand is the use of E-Verify, an online system that helps determine an individual's legal right to work in the United States. In this blog, we will explore what E-Verify is, how it is used by employers in California, and the implications of recent changes to E-Verify regulations in the state. What is E-Verify? E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). Its primary purpose is to verify the employment eligibility of newly hired employees. By comparing the information provided on an employee's Form I-9 with the records held by DHS and SSA, E-Verify helps employers ensure that their workforce is legally authorized to work in the United States. E-Verify in California: Employers in California have been subject to specific regulati...

In the United States, individuals who have experienced labor violations may be eligible to seek protection and relief through the Deferred Action for Victims of Labor Violations (DAV) program. This blog post aims to provide an overview of the process involved in obtaining deferred action status for labor violation victims, outlining the key steps and considerations along the way. 1. Understanding Labor Violations: Labor violations encompass a range of unlawful practices, such as wage theft, workplace harassment, discrimination, or unsafe working conditions. It is crucial to identify and document the specific violations experienced, as this will be essential throughout the application process. 2. Consultation with an Immigration Attorney: Seeking guidance from an experienced immigration attorney is highly recommended. They can assess your eligibility, explain the legal options available, and guide you through the application process. An attorney will help ensure that your rights are pro...