Asian Journal- The Filipino-American Community Newspaper

MANY Californians, especially those undocumented workers are confused about their labor rights, here in the Bander column, we remind our readers that California workers are entitled to workplace protection. California law entitles you to overtime, minimum wages, and interest penalties.

Because of confusion about the rights of undocumented workers employed in California resulting from a recent U.S. Supreme Court decision, Hoffman Plastic Compound, Inc., v. National Labor Relations Board, the Division of Labor Standards Enforcement (DLSE) is providing clarification of its enforcement practices. DLSE adjudicates wage claims, investigates discrimination and public work complaints, and enforces Labor Code statutes and Industrial Welfare Commission orders.

Are undocumented workers protected by California labor laws?

A. Yes. All California workers – whether or not they are legally authorized to work in the United States – are protected by state laws regulating wages and working conditions. All California workers have the right:

To receive a minimum wage of $8.00 per hour

To earn overtime pay -- with some exceptions -- after working more than eight hours per day or more than 40 hours in one week

To file wage claims with the state labor commissioner if they believe their employer has violated state wage laws

To file workplace safety and health complaints with Cal/OSHA, the state workplace safety and health program

To work in an environment free from retaliation for exercising their rights

It is very important to be noticed that the California Department of Industrial Relations - which enforces the state of labor and workplace safety and health laws - will not question workers about their immigrant status.

With the right guidance from an experienced attorney, you can 1) Process all wage claims without regard to your immigration status, 2) have hearings hold by California Department of Industrial Relations to recover unpaid wage 3) File the court actions to collect back pay owed to you.

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Atty. Joel R. Bander is the partner of Bander Law Firm, LLP. With over twent years of litigation and immigration experience, Mr. Bander is a leading litigator and accomplished trial strategist. He has successfully handled numerous cases before Federal, State, Civil, and Criminal Judges and has participated in hundreds of arbitrations and trials. Bander law Firm offers from office immigration, personal injury, wage hour claims’ consultation by appointment. Downtown L.A. office address: 1055 W. 7th Street Ste. 1950, Los Angeles, CA 90017. Tel. 213-873-4333, Fax: 213-873-4334; Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

( www.asianjournal.com )

( Published November 4, 2009 in Asian Journal Los Angeles p B3 )