Employer Threatening to Call Immigration? Your Rights in the U.S.
Independently fact-checked against primary sources (last audited September 26, 2026). · 47 primary sources cited on this page. How we verify our legal content

As of September 2026, in the United States, an employer who threatens to call immigration because you asked for your wages, complained about discrimination or a hazard at work, or joined with coworkers to improve working conditions may be committing retaliation that federal law prohibits. According to a joint fact sheet from the EEOC, the Department of Labor, the NLRB and the Department of Justice, those laws protect workers regardless of immigration status.
California, Colorado, Illinois, New Jersey, New York and Washington also say so expressly in their own statutes. This page explains what each law prohibits, where its limits are, whether you can record the threat, and where to report it.
This page covers U.S. federal law and the laws of six states on immigration-related threats by employers. It is general information and does not replace advice from a lawyer or an accredited representative about your situation.
Is it illegal for your employer to threaten to call immigration?
When the threat is a response to something you did to claim your rights, generally yes. Federal labor laws do not say "your boss can never mention immigration." What they prohibit is punishing, threatening or intimidating a worker because the worker exercised a protected right. That is retaliation.

Examples of protected rights include:
- Claiming minimum wage, overtime or pay you are owed, from your employer or from the government.
- Complaining about discrimination or harassment, or taking part in an investigation of it.
- Reporting a health or safety hazard at work.
- Acting together with coworkers to improve pay or working conditions, with or without a union.
The joint fact sheet from the EEOC, the Department of Labor, the NLRB and the Department of Justice, last updated December 10, 2015, puts it this way:
U.S. laws generally prohibit employers from retaliating against workers for exercising their workplace rights, regardless of the workers' immigration status.
The link to the protected right is what matters. In Sure-Tan, Inc. v. NLRB, 467 U.S. 883 (1984), a union won an election among a company's employees. Right afterward, the company's president threatened the employees with notifying the Immigration and Naturalization Service (INS) because they had supported the union, and he later wrote to the INS. INS agents arrested five workers, and that same day the five accepted voluntary departure and were put on a bus bound for Mexico. The NLRB found the threat unlawful, and the Supreme Court affirmed that the employer violated the National Labor Relations Act by forcing the workers out this way. But the Court also made clear that, absent evidence the report was retaliation for union activity, reporting or firing an undocumented worker would not by itself be an unfair labor practice under that law.
Two other limits are worth knowing:
- Employment verification is a legal duty of the employer. Being asked to complete Form I-9 when you are hired is not a threat. What can be unlawful is demanding more or different documents than the law requires, or using verification to intimidate you. The Department of Justice handles those practices (see below).
- Some state laws exclude what the employer does at the federal government's direction. California and Illinois, for example, exclude conduct undertaken at the express and specific direction of the federal government.
Even when a threat is not tied to a workplace complaint, other laws can apply, such as extortion in California or the federal forced-labor crime when the threat is used to make someone work. Those laws are covered below.
What federal law says
Several federal laws protect against retaliation. Each covers a different kind of complaint and has its own agency and its own deadline.
Minimum wage and overtime: the FLSA
The Fair Labor Standards Act (FLSA) makes it unlawful under 29 U.S.C. § 215(a)(3) "to discharge or in any other manner discriminate against any employee" because the employee filed a complaint, started a proceeding under the Act, or testified in one. According to the joint fact sheet, the protection covers complaints made to the Department of Labor or to the employer, orally or in writing.
The same fact sheet gives this example: "it would be unlawful for an employer to report an undocumented worker to immigration authorities in retaliation for filing a wage claim."
When there is a violation, 29 U.S.C. § 216(b) allows appropriate legal or equitable relief, including employment, reinstatement, payment of lost wages and an equal additional amount as liquidated damages. The fact sheet cautions that some remedies for retaliation may be limited for workers without work authorization.
The Department of Labor's Wage and Hour Division (WHD) enforces the FLSA. Its Spanish-language FAQ states that WHD will keep enforcing the FLSA regardless of an employee's immigration status and that all complaints are confidential, with two exceptions: when your identity must be revealed, with your permission, to pursue the complaint, and when a court orders WHD to disclose the information.
Acting together with coworkers: the NLRA
The National Labor Relations Act (NLRA) protects, in 29 U.S.C. § 157, employees' right to organize and to engage in other "concerted activities" for mutual aid or protection. According to the joint fact sheet, that includes joining together to improve working conditions even without a union.
The NLRA does not cover every worker. Its definition of "employee" in 29 U.S.C. § 152(3) "shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, ... or any individual having the status of an independent contractor, or any individual employed as a supervisor," among other exclusions. So farmworkers, household workers employed by a family in its home, independent contractors and supervisors cannot use the NLRB route described in this section.
That exclusion applies only to the NLRA. If it leaves you out, other routes can still apply: the FLSA's anti-retaliation rule in 29 U.S.C. § 215(a)(3) protects "any employee" who files a complaint, and the state laws in the table below set their own coverage. Whether a worker labeled an independent contractor is legally an employee depends on the facts of the job.
29 U.S.C. § 158(a)(1) makes it an unfair labor practice for an employer to interfere with, restrain or coerce employees in exercising those rights. The NLRB lists among unlawful conduct threatening employees with adverse consequences if they engage in protected, concerted activity.
On its immigrant worker rights page, the NLRB says it protects employees' rights "regardless of immigration status" and that you do not need to share information about your immigration status or your coworkers' status.
What Hoffman Plastic decided, and what it did not. In Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), the Supreme Court held that federal immigration policy barred the NLRB from awarding backpay to an unauthorized worker who was unlawfully fired for taking part in a union organizing campaign. That backpay was for work he never performed after the firing. The case was not about wages for work already done. The decision addressed that remedy: the Court noted that the employer remained subject to an order to stop violating the Act and to post a notice to its employees, on pain of contempt if it failed to comply.
The joint fact sheet sums up the current rule: under the NLRA, reinstatement and backpay are not available to employees without work authorization, but a worker is always entitled to pay for work actually performed, regardless of immigration status.
Discrimination and harassment: EEOC laws
The Equal Employment Opportunity Commission (EEOC) enforces the laws against discrimination based on race, color, religion, sex, national origin, age, disability and genetic information. Those laws prohibit retaliation against anyone who files a charge, complains about discrimination, or takes part in an investigation.
In its 2016 enforcement guidance on retaliation, the EEOC gives the example of undocumented farm workers who complained of sexual harassment and were threatened with exposure of their immigration status. The EEOC concludes that threatening to report the workers' suspected immigration status to government authorities, or actually reporting them, is materially adverse and actionable as retaliation because it is likely to deter protected activity. It adds that the workers' undocumented status is not a defense.
Health and safety: OSHA
Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. § 660(c), prohibits discharging or discriminating against an employee for filing a safety complaint. The joint fact sheet says this protection applies regardless of immigration status. A retaliation complaint must be filed with OSHA within 30 days after the retaliation.
I-9 documents and intimidation: the Department of Justice
The Justice Department's Immigrant and Employee Rights Section (IER) enforces the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b. According to its official page, that law prohibits unfair documentary practices during employment eligibility verification (Form I-9 and E-Verify) and retaliation or intimidation. Its intimidation rule, 8 U.S.C. § 1324b(a)(5), is tied to that same law: it covers threats made "for the purpose of interfering with any right or privilege secured under this section" or because someone filed a charge or complaint under it. A threat that follows only a wage or safety complaint belongs with the agencies above. A charge with IER must be filed within 180 days of the practice, under § 1324b(d)(3). Its worker hotline is 1-800-255-7688.
When the threat is used to force you to work
The federal forced-labor crime, 18 U.S.C. § 1589, punishes anyone who knowingly obtains a person's labor "by means of the abuse or threatened abuse of law or legal process," among other means. The statute defines that abuse as using or threatening to use a law or legal process, whether administrative, civil or criminal, for a purpose it was not designed for, in order to pressure someone to take or refrain from some action. The penalty can reach 20 years in prison. A single threat after a complaint is normally handled as retaliation under the laws above; § 1589 applies when the threat is the means by which the employer gets the work.
If you are the victim of certain crimes and help the authorities, an immigration option may exist. USCIS explains that the U visa is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution. The NLRB says it will consider completing U visa and T visa certifications in appropriate cases. Whether you meet the requirements is something a lawyer or accredited representative needs to assess.
State laws that expressly prohibit these threats
On top of federal law, these six states have statutes that expressly name immigration-related threats or reports. Each has its own scope: some protect any right under the state labor code, others only certain complaints.
| State | What the law prohibits | Consequences for the employer | Citation |
|---|---|---|---|
| California | Threatening to contact or contacting immigration authorities, or other "unfair immigration-related practices," to retaliate because someone exercised a right under the Labor Code or a local ordinance. If it happens within 90 days of the protected activity, retaliation is presumed unless rebutted. Reporting or threatening to report the suspected status of a worker or family member because the worker exercised a right under the Labor Code, Government Code or Civil Code is an adverse action. | Civil action for relief and damages; a court may suspend the business's licenses for up to 14 days for a first violation; attorney's fees for a prevailing worker. The Labor Commissioner cites penalties of up to $10,000 per violation. | Cal. Lab. Code § 1019; § 244(b) |
| Colorado | Any effort to use a person's immigration status to discriminate or retaliate against a worker who complained about wages or hours, testified, or raised a good-faith concern about compliance. Applies to conduct on or after August 6, 2025. | Class 2 misdemeanor; civil action for back pay, reinstatement, a $50-per-day penalty and liquidated damages of at least $2,000, among other remedies. | Colo. Rev. Stat. § 8-4-120 |
| Illinois | Under the Whistleblower Act, contacting or threatening to contact immigration authorities, or reporting or threatening to report the actual or suspected status of the employee or a family member, in retaliation for the employee disclosing to the government or a supervisor what the employee believes in good faith is a violation of law. In effect since January 1, 2025. | It is a "retaliatory action" the Act prohibits. The employee may sue for relief including reinstatement, back pay with interest, liquidated damages of up to $10,000 and costs and attorney's fees, and the court must also award a $10,000 civil penalty payable to the employee. | 740 ILCS 174/5; 174/15; 174/30 |
| New Jersey | Disclosing or threatening to disclose an employee's immigration status to a public body to conceal a violation of state wage, benefit or tax laws. Added by P.L. 2024, c. 51. | Administrative penalties of up to $1,000 (first), $5,000 (second) and $10,000 (subsequent), on top of other penalties. | N.J. Stat. § 34:1A-1.20a |
| New York | Threatening to contact or contacting immigration authorities, or reporting or threatening to report the suspected status of the employee or a family or household member, in retaliation for complaining about a Labor Law violation or exercising other rights under that chapter. Does not apply to state or municipal employees. | Civil penalty of $1,000 to $10,000 (up to $20,000 if repeated within six years); liquidated damages of up to $20,000; lawsuit within two years; class B misdemeanor. | N.Y. Lab. Law § 215 |
| Washington | Coercing an employee with a threat about the employee's or a family member's immigration status to deter the employee from exercising wage or working-conditions rights, where the coercion furthers the employer's violation of those laws. In effect since July 1, 2025. | Complaint to the Department of Labor and Industries within 180 days; penalties of up to $1,000, $5,000 and $10,000 per coercive act. | RCW 49.46.370 |
Some details behind the table:
- California, extortion. Penal Code § 519 says the fear that constitutes extortion may be induced by a threat to report a person's immigration status. Extortion, under § 518, is obtaining property or other consideration from someone, with their consent, induced by a wrongful use of force or fear.
- California, lawyers. A California-licensed lawyer who reports or threatens to report the immigration status of a witness or party in a case, because that person exercised an employment or housing right, faces suspension, disbarment or other discipline under Business and Professions Code § 6103.7.
- California, documents. During I-9 verification, Labor Code § 1019.1 prohibits requesting more or different documents than federal law requires and using an unfair immigration-related practice to reverify a current employee. The penalty can reach $10,000 per violation.
- Washington keeps the worker's and family members' names and personal information in the complaint confidential; they may be disclosed only to the employer, under the same RCW 49.46.370.
Other states. The table includes only these six statutes. The other states were not individually reviewed for this guide, and that does not mean these threats are lawful there: the federal laws above apply nationwide, and many states have general anti-retaliation laws. Check with your state labor agency.
Can you record the threat?
Often yes, but it depends on the state. Federal law allows you to record a conversation you take part in: 18 U.S.C. § 2511(2)(d) says it is not unlawful for a person not acting under color of law to intercept a communication to which that person is a party, unless it is done to commit a criminal or tortious act. But some states require the consent of everyone in the conversation.

| State | Rule for recording a conversation you take part in | Citation | Workplace recording guide |
|---|---|---|---|
| California | All parties must consent if the conversation is confidential. | Cal. Penal Code § 632 | California |
| Colorado | Consent of one party is enough. | Colo. Rev. Stat. § 18-9-304 | Colorado |
| Illinois | All parties must consent to surreptitious recording of a private conversation. | 720 ILCS 5/14-2 | Illinois |
| New Jersey | Consent of one party is enough. | N.J. Stat. § 2A:156A-4(d) | New Jersey |
| New York | Consent of one party is enough. | N.Y. Penal Law § 250.00 | New York |
| Washington | All parties must consent if the conversation is private. | RCW 9.73.030 | Washington |
Note: in California, Illinois and Washington, recording without everyone's consent is a crime unless an exception applies, and the exceptions below may not cover an ordinary threat made after a complaint.
The three all-party states have exceptions that can matter when there is a threat, each with its own requirements:
- California. Penal Code § 633.5 lets one party record a confidential communication to obtain evidence reasonably believed to relate to certain crimes by the other party, including extortion. Be careful: under § 632(d), a recording made in violation of that law is not admissible in any judicial or administrative proceeding, and under § 632(a) unlawful recording can bring a fine of up to $2,500 per violation, jail or prison, or both.
- Washington. RCW 9.73.030(2) allows one-party recording of communications that convey threats of extortion, blackmail, bodily harm or other unlawful requests or demands.
- Illinois. The exemption in 720 ILCS 5/14-3(i) lets a party record when there is reasonable suspicion that another party is committing or has committed a criminal offense against the person or a member of the person's immediate household, and there is reason to believe the recording will capture evidence of it.
Do not assume an exception covers you. Each one applies only when the threat is itself a qualifying crime or demand: extortion or another listed crime in California, a threat of extortion, blackmail, bodily harm or another unlawful request or demand in Washington, or a criminal offense against you or your household in Illinois. A threat made only to punish you for a complaint may not meet that test, and it is often unclear in advance whether it does.
Recording outside an exception is itself a crime. In Illinois, eavesdropping is a Class 4 felony for a first offense under 720 ILCS 5/14-4. In Washington, a violation is a gross misdemeanor under RCW 9.73.080. California's penalties are above.
In those three states, the safer evidence is what you can keep without recording: save texts, emails and voice messages the employer sent you, write down as soon as possible what was said, when and where, and note who else was present, since a witness can confirm what was said. For each state's rules, see the guide to recording laws in the United States.
Where to report
File with the agency that matches the right you exercised. Deadlines are short, so do not wait. If you are unsure which right the threat was aimed at, have an employment lawyer match it to the right agency and deadline in a free case evaluation (attorney advertising).
| Agency | Covers | Contact | Deadline |
|---|---|---|---|
| Wage and Hour Division (WHD), Department of Labor | Minimum wage, overtime and retaliation for those claims | 1-866-487-9243; how to file a complaint | Ask the agency |
| National Labor Relations Board (NLRB) | Retaliation for acting with coworkers or union activity (does not cover farmworkers, household workers employed by a family in its home, independent contractors or supervisors) | 1-844-762-6572; immigrant worker rights | 6 months, under 29 U.S.C. § 160(b) |
| Equal Employment Opportunity Commission (EEOC) | Discrimination, harassment and retaliation for complaining about them | 1-800-669-4000; how to file a charge | 180 days, or 300 if a state or local agency enforces a similar law, per the EEOC |
| OSHA | Retaliation for health and safety complaints | 1-800-321-6742; retaliation complaint | 30 days |
| IER, Department of Justice | I-9 or E-Verify document abuse, citizenship or national origin discrimination, and intimidation tied to those rights (not a threat that follows only a wage or safety complaint) | 1-800-255-7688 | 180 days, under 8 U.S.C. § 1324b(d)(3) |
What the federal agencies say about confidentiality and status:
- WHD says complaints are confidential and that the complainant's name and the nature of the complaint are not disclosed, with two exceptions: disclosure with your permission when needed to pursue the complaint, and disclosure ordered by a court. According to the joint fact sheet, its helpline offers language services.
- The NLRB says you do not need to share information about your immigration status.
In the states in the table, you can also go to the state agency:
- California: the Labor Commissioner's Office says workers who file claims are not required to disclose their immigration status and that the office does not ask about it.
- New Jersey: the Department of Labor takes retaliation complaints at 609-292-2305 and, according to its handout, serves all workers regardless of status and does not ask about it.
- Washington: the Department of Labor and Industries takes complaints of immigration-status coercion within 180 days.
- New York: the law allows a complaint to the labor commissioner or a lawsuit filed directly within two years.
- Colorado: the law allows a lawsuit, and the state labor division may investigate and order relief.
About "deferred action" for labor disputes. The NLRB's page still mentions requesting a "Statement of Interest" that workers can use to ask the Department of Homeland Security (DHS) for deferred action. However, both DHS and USCIS have moved their pages on that process to their archives, with notices that the information may be out of date. Do not count on that protection without first talking to a lawyer or accredited representative.
What to do if you are threatened
- Keep evidence. Write down the date, time, exact words and witnesses. Save messages, emails, voice notes, pay stubs and any record of your hours.
- Identify the right you exercised. If the threat came after a wage claim, a safety or discrimination complaint, or action with coworkers, that is what links the threat to retaliation.
- Do not sign documents you do not understand, and never present false documents. Presenting false documents can have serious immigration and criminal consequences on top of the employment ones.
- File on time. The 30-day (OSHA), 180- or 300-day (EEOC) and 6-month (NLRB) deadlines run from the retaliation.
- Get free or low-cost legal help before acting on immigration matters. EOIR publishes a list of pro bono legal service providers by state. Be careful with anyone advertising as a "notario": see our guide to notario fraud.
- Prepare your family. If you are worried about a visit from immigration agents, read what to do if ICE comes to your door and your rights when recording ICE agents.
All the guides on this topic are in the immigrant rights section.
Disclaimer: This article provides general legal information about immigration-related threats by employers under U.S. federal law and the laws of California, Colorado, Illinois, New Jersey, New York and Washington in effect in September 2026. It is not legal advice and does not replace an assessment of your situation by a licensed attorney or an EOIR-accredited representative.
Frequently Asked Questions
Is it illegal for my boss to threaten to call ICE if I ask for my wages?
According to the EEOC, the Department of Labor, the NLRB and the Department of Justice, federal laws generally prohibit retaliation against workers who exercise their workplace rights, regardless of immigration status, and it would be unlawful to report an undocumented worker to immigration authorities in retaliation for filing a wage claim. California, Colorado, Illinois, New Jersey, New York and Washington also prohibit it expressly by statute, each with its own scope.
Do labor laws protect me if I am undocumented?
Yes. WHD says it enforces the FLSA regardless of an employee's immigration status, the NLRB protects employees' rights regardless of status, and the EEOC applies its laws to every person. Some remedies are more limited: under the NLRA, reinstatement and backpay for work not performed are not available to workers without work authorization, but pay for work already done is always owed. The NLRA itself does not cover farmworkers, household workers employed by a family, independent contractors or supervisors; the FLSA and state laws may still protect them.
What did the Hoffman Plastic case decide?
In Hoffman Plastic Compounds v. NLRB (2002), the Supreme Court held that the NLRB could not award backpay to an unauthorized worker for work not performed after an unlawful firing. The Court noted that the employer remained subject to other sanctions, such as an order to stop violating the Act and to post a notice to its employees.
Do I have to tell the agency my immigration status when I file?
The NLRB says you do not need to share information about your immigration status. The California Labor Commissioner and the New Jersey Department of Labor say they do not ask about the status of people who file claims. WHD says complaints are confidential, except when you allow disclosure to pursue the complaint or a court orders it.
Can I record my boss when he threatens me?
It depends on the state. Federal law and states such as Colorado, New Jersey and New York allow you to record a conversation you take part in. California, Illinois and Washington generally require the consent of all parties to a private or confidential conversation, with narrow exceptions for certain threats or crimes that may not cover an ordinary threat after a complaint. Recording outside those exceptions is itself a crime (a felony in Illinois), and in California an unlawful recording cannot be used as evidence. In those states, written notes, witnesses and saved texts are safer evidence.
How long do I have to report retaliation?
It depends on the law: 30 days for an OSHA retaliation complaint, 6 months for an NLRB charge, 180 days for an IER charge and 180 days for an EEOC charge, extended to 300 if a state or local agency enforces a similar law. In Washington, a complaint of immigration-status coercion is due within 180 days, and in New York a retaliation lawsuit is due within two years.
Can my employer ask me for immigration documents?
Employers must verify work authorization on Form I-9 when they hire you. What can be unlawful is demanding more or different documents than the law requires, or using verification to intimidate you. The Justice Department's IER section takes those complaints at 1-800-255-7688.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Business and Professions Code
§ 6103.7In force
It is cause for suspension, disbarment, or other discipline for any licensee of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member to a federal, state, or local agency because the witness or party exercises or has exercised a right related to his or her employment or hiring of residential real property, broadly interpreted. As used in this section, “family member” means a spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild related by blood, adoption, marriage, or domestic partnership.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
California Labor Code
§ 1019In forcecited in 2 of our articles
(a) It is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under this code or by any local ordinance applicable to employees. Exercising a right protected by this code or local ordinance includes the following: (1) Filing a complaint or informing any person of an employer’s or other party’s alleged violation of this code or local ordinance, so long as the complaint or disclosure is made in good faith. (2) Seeking information regarding whether an employer or other party is in compliance with this code or local ordinance. (3) Informing a person of his or her potential rights and remedies under this code or local ordinance, and assisting him or her in asserting those rights.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Jose Yoni Aldana Hernandez v. C. R. Laurence, Co., Inc. (District Court, C.D. California 2024)“…retaliatory 7 unfair immigration-related practices under Cal. Lab. Code § 1019. (Dkt. No. 1-1.) 8 On May 9, 2024,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 1019.1In force
(a) It is unlawful for an employer, in the course of satisfying the requirements of Section 1324a(b) of Title 8 of the United States Code, to do any of the following: (1) Request more or different documents than are required under Section 1324a(b) of Title 8 of the United States Code. (2) Refuse to honor documents tendered that on their face reasonably appear to be genuine. (3) Refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work. (4) Attempt to reinvestigate or reverify an incumbent employee’s authorization to work using an unfair immigration-related practice. (b) (1) Any person who violates this section shall be subject to a penalty imposed by the Labor Commissioner and liability for equitable relief. (2) An applicant for employment or an employee who is subject to an unlawful act that is prohibited by this section, or a representative of that applicant for employment or employee, may file a complaint with the Division of Labor Standards Enforcement pursuant to Section 98.7.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Doherty v. Asurion UBIF Franchise, LLC (District Court, N.D. California 2023)“…23 D. Cal. Labor Code § 1019.1 24…”
- Jose Yoni Aldana Hernandez v. C. R. Laurence, Co., Inc. (District Court, C.D. California 2024)“…gency.” Cal. 23 Lab. Code § 1019(b)(1). Moreover, under California Labor Code § 1019.1, “[i]t is 24 unlawful for an employer…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 244In force
(a) An individual is not required to exhaust administrative remedies or procedures in order to bring a civil action under any provision of this code, unless that section under which the action is brought expressly requires exhaustion of an administrative remedy. This subdivision shall not be construed to affect the requirements of Section 2699.3. (b) Reporting or threatening to report an employee’s, former employee’s, or prospective employee’s suspected citizenship or immigration status, or the suspected citizenship or immigration status of a family member of the employee, former employee, or prospective employee, to a federal, state, or local agency because the employee, former employee, or prospective employee exercises a right under the provisions of this code, the Government Code, or the Civil Code constitutes an adverse action for purposes of establishing a violation of an employee’s, former employee’s, or prospective employee’s rights. As used in this subdivision, “family member” means a spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild related by blood, adoption, marriage, or domestic partnership.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Terris v. Cnty. of Santa Barbara (California Court of Appeal, 5th District 2018, 229 Cal. Rptr. 3d 407)“…medies before filing a civil action against their employer. Labor Code section 244 does not require a litigant to exhaust…”
- Terris v. Co. of Santa Barbara (California Court of Appeal 2018)“…medies before filing a civil action against their employer. Labor Code section 244 does not require a litigant to exhaust…”
- Koerber v. Encyclopaedia Britannica CA2/2 (California Court of Appeal 2022)“…issioner before filing her civil complaint. Appellant cites Labor Code section 244, which states, in part, “(a) An individ…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
California Penal Code
§ 518In force
(a) Extortion is the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. (b) For purposes of this chapter, “consideration” means anything of value, including sexual conduct as defined in subdivision (b) of Section 311.3, or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647. (c) Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 120 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Flatley v. Mauro (California Supreme Court 2006, 46 Cal. Rptr. 3d 606)“…onsent ... induced by a wrongful use of force or fear...." (Pen.Code, § 518.) Fear, for purposes of extortion "may…”
- People v. Knowles (California Supreme Court 1950, 35 Cal. 2d 175)“…the obtaining of property from another, with his consent” (Pen. Code, § 518 [enacted 1872]), quite evidently the Le…”
- Cross v. Cooper (California Court of Appeal 2011, 197 Cal. App. 4th 357)“…al extortion as a matter of law. (Id. at pp. 328-330; see Pen. Code, §§ 518, 519 [proscribing and defining extortio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 519In force
Fear, such as will constitute extortion, may be induced by a threat of any of the following: 1 To do an unlawful injury to the person or property of the individual threatened or of a third person. 2 To accuse the individual threatened, or a relative of his or her, or a member of his or her family, of a crime. 3 To expose, or to impute to him, her, or them a deformity, disgrace, or crime. 4 To expose a secret affecting him, her, or them. 5 To report his, her, or their immigration status or suspected immigration status.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 52 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Flatley v. Mauro (California Supreme Court 2006, 46 Cal. Rptr. 3d 606)“…r impute to him . . . any deformity, disgrace or crime[.]" (Pen.Code, § 519.) "Every person who, with intent to ext…”
- Malin v. Singer (California Court of Appeal 2013, 217 Cal. App. 4th 1283)“…action for: (1) civil extortion based on the demand letter (Pen. Code, §§ 519, 523) (first cause of action); (2) viol…”
- Stenehjem v. Sareen (California Court of Appeal 2014, 226 Cal. App. 4th 1405)“…r impute to him . . . any deformity, disgrace or crime[.]‘ (Pen.Code, § 519.) ‗Every person who, with intent to ext…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 632In forcecited in 55 of our articles
(a) A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 267 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Kimmel v. Goland (1990) held the section 47(2) litigation privilege does not bar a damages claim under Section 632 for recording confidential conversations without consent. Lieberman v. KCOP Television, Inc. (2003) held a Section 632 violation is complete the moment the recording is made, whether or not it is disclosed.
Opinions citing this section in our collection:
- Rubin v. Green (California Supreme Court 1993, 4 Cal. 4th 1187)“…f telephone conversations with defendants, an offense under Penal Code section 632. We noted that defendants alleged that…”
- Kimmel v. Goland (California Supreme Court 1990, 51 Cal. 3d 202)✓Mobilehome owners secretly taped phone calls with park management in anticipation of suing; the court held the section 47(2) litigation privilege did not bar the cross-complaint for damages under Penal Code section 632, since the injury came from recording, not publication.
- Shulman v. Group W Productions, Inc. (California Supreme Court 1998, 74 Cal. Rptr. 2d 843)✓A TV producer put a wireless microphone on the flight nurse treating a crash victim. No section 632 claim was before the court, but it called section 632 and the intrusion tort laws of general applicability and said the press may not eavesdrop in violation of section 632.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: US Recording Laws by State (2026): All 50 States Explained, Can an Employer Record Conversations Without Consent? (2026), Can I Sue Someone for Recording Me on Private or Public Property?
§ 633.5In forcecited in 9 of our articles
Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 236.1, or a violation of Section 653m, or domestic violence as defined in Section 13700. Sections 631, 632, 632.5, 632.6, and 632.7 do not render any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 236.1, a violation of Section 653m, or domestic violence as defined in Section 13700, or any crime in connection therewith.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Baker (California Court of Appeal 1978, 88 Cal. App. 3d 115)“…ction 632. 3 . Appellant has overlooked Penal Code section 633.5, 4 which is dispositive of…”
- Malinowski v. Martin (California Court of Appeal 2024)“…se permitted under statutory exceptions to the Privacy Act (Pen. Code, §§ 633.5 and 633.6). In the published port…”
- Geragos v. Abelyan (California Court of Appeal 2023)“…matter pleaded.”].) The Geragos Parties next contend Penal Code section 633.5 exempts Kazarian’s recording from exclu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can I Record My Boss Harassing Me? State-by-State Legal Guide (2026), California Audio Recording Laws: Two-Party Consent Rules and Penalties (2026), California Phone Call Recording Laws: Consent Rules for Cell and Landline (2026)
Colorado Revised Statutes, Title 18: Criminal Code
§ 18-9-304Eavesdropping prohibited - penaltyIn forcecited in 17 of our articles
(1) Any person not visibly present during a conversation or discussion commits eavesdropping if he: (a) Knowingly overhears or records such conversation or discussion without the consent of at least one of the principal parties thereto, or attempts to do so; or (b) Intentionally overhears or records such conversation or discussion for the purpose of committing, aiding, or abetting the commission of an unlawful act; or (c) Knowingly uses for any purpose, discloses, or attempts to use or disclose to any other person the contents of any such conversation or discussion while knowing or having reason to know the information was obtained in violation of this section; or (d) Knowingly aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section. (2) Eavesdropping is a class 2 misdemeanor.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at olls.info
Also relied on in: Colorado Security Camera Laws: Residential, Commercial, and Privacy Rules, Colorado Audio Recording Laws: One-Party Consent Rules and Penalties, Colorado Medical Recording Laws: Patient Rights, HIPAA, and Provider Rules
Colorado Revised Statutes, Title 8: Labor and Industry
§ 8-4-120Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remediesIn forcecited in 3 of our articles
(1) An employer, or any other person that is regularly engaged in business or commercial activity that has contracted with an employer or worker, directly or indirectly, for labor from which such person is the beneficiary, shall not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate or retaliate against an employee or worker who has: (a) Filed a complaint or instituted or caused to be instituted a proceeding under this article 4 or any other law or rule related to wages, hours, or employment of minors; (b) Testified or provided other evidence, or may testify or provide other evidence, in a proceeding on behalf of the employee or another person regarding afforded protections under this article 4 or under any other law or rule related to wages, hours, or the employment of minors; or (c) Raised concerns in good faith about compliance with or otherwise provided information as to legal rights and remedies available under this article 4 or any other law or rule related to wages or hours to any person. (2) A person that violates this section commits a class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hernandez v. Ray Domenico Farms, Inc. (District Court, D. Colorado 2017, 250 F. Supp. 3d 789)“…at, despite the CWCA’s anti-retaliation protections, see Colo. Rev. Stat. § 8-4-120 , the Legislature intended to permit an…”
- RMSM LTD., f/k/a ROTATING MECHANICAL SOLUTIONS CORP., RYAN MCGUIRE, SCOTT MCGUIRE v. INDUSTRIAL SERVICE SOLUTIONS, LLC (District Court, D. Colorado 2026)“…n of the Colorado Wage Claim Act for Wrongful Termination, Colo. Rev. Stat. § 8-4-120;…”
- Grisson (District Court, D. Colorado 2026)“…is about to serve on an industry committee[.]” Similarly, Colo. Rev. Stat. § 8-4-120(1) prohibits an employer from discrimi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New York Labor Law
§ 215Penalties and civil action; prohibited retaliationIn forcecited in 2 of our articles
Penalties and civil action; prohibited retaliation. 1. (a) No employer or his or her agent, or the officer or agent of any corporation, partnership, or limited liability company, or any other person, shall discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee (i) because such employee has made a complaint to his or her employer, or to the commissioner or his or her authorized representative, or to the attorney general or any other person, that the employer has engaged in conduct that the employee, reasonably and in good faith, believes violates any provision of this chapter, or any order issued by the commissioner (ii) because such employer or person believes that such employee has made a complaint to his or her employer, or to the commissioner or his or her authorized representative, or to the attorney general, or to any other person that the employer has violated any provision of this chapter, or any order issued by the commissioner (iii) because such employee has caused to be instituted or is about to institute a proceeding under or related to this chapter, or (iv) because such employee has provided information to the commissioner…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 147 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Epifani v. Johnson (Appellate Division of the Supreme Court of the State of New York 2009, 65 A.D.3d 224)“…fth cause of action), retaliatory discharge in violation of Labor Law § 215 (sixth cause of action), wrongful wage…”
- Grella v. St. Francis Hospital (Appellate Division of the Supreme Court of the State of New York 2017, 149 A.D.3d 1046)“…tive Law § 296 [1] [a]), and as retaliation in violation of Labor Law § 215. The second amended complaint alleged t…”
- Tsatskin v. Kordonsky (Appellate Division of the Supreme Court of the State of New York 2020, 189 A.D.3d 1296)“…o failed to state a cause of action alleging a violation of Labor Law § 215. Under that statute, it is unlawful to…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Minimum Wage 2026: $17.00 and $16.00 Rates
New York Penal Law
§ 250.00Eavesdropping; definitions of termsIn forcecited in 20 of our articles
Eavesdropping; definitions of terms. The following definitions are applicable to this article: 1. "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment. The normal operation of a telephone or telegraph corporation and the normal use of the services and facilities furnished by such corporation pursuant to its tariffs or necessary to protect the rights or property of said corporation shall not be deemed "wiretapping." 2. "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 56 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- People v. Fata (New York County Courts 1988, 139 Misc. 2d 979)“…Fata had a justifiable expectation of privacy; and (c) that Penal Law § 250.00 et seq. prohibit the mechanical overh…”
- The People v. Anthony Badalamenti (New York Court of Appeals 2016, 27 N.Y.3d 423)“…t of “mechanical overhearing of a conversation” pursuant to Penal Law § 250.00 (2), includes vicarious consent, on beh…”
- Gurevich v. Gurevich (New York Supreme Court 2009, 24 Misc. 3d 808)“…11 ing” as they relate to Penal Law § 250.05 are defined in Penal Law § 250.00 (6) as: “the intentional acquiring, r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Audio Recording Laws: One-Party Consent Rules and Penalties, New York Phone Call Recording Laws: Consent Rules for Landline, Cell, and VoIP, New York Security Camera Laws: Rules for Homes, Businesses, and Rentals
Revised Code of Washington
§ 49.46.370Employee immigration status coercion.In force
(1) Any employer that coerces an employee in furtherance of the employer committing a violation of wage payment requirements as defined in chapter 49.48 RCW, condition of labor requirements as defined in chapter 49.12 RCW, or any violations under chapter 49.30 RCW, including rules issued by the department pursuant to chapter 49.30 RCW, is subject to a civil penalty under this section, in addition to any other penalty that may be imposed by the department against an employer for those violations. If an employer's violation subjects the employer to a penalty under this section and a separate penalty under RCW 49.46.100, the employer must be assessed the higher amount of the two penalties. (2) A worker who believes the worker was subject to coercion by the worker's employer based on the worker's immigration status may file a complaint with the department within 180 days of the alleged coercive action. (3)(a) The department must investigate a complaint of coercion by an employer based on immigration status.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 9.73.030Intercepting, recording, or divulging private communication—Consent required—Exceptions.In forcecited in 46 of our articles
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any: (a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication; (b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 221 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Washington courts have policed what counts as a private communication under Sec. 9.73.030: State v. Gunwall (1986) concluded a pen register intercept comes within a private communication transmitted by telephone, while State v. Riley (1993) held a line trap that reveals only the calling number does not record one.
Opinions citing this section in our collection:
- State v. Salinas (Washington Supreme Court 1992, 119 Wash. 2d 192)“…alties for divulging a telegram or opening a sealed letter. RCW 9.73.030-.070, making it unlawful to intercept,…”
- State v. Gunwall (Washington Supreme Court 1986, 106 Wash. 2d 54)✓Everett police pulled a suspected cocaine dealer's toll records and put a pen register on her line without valid legal process; the court held a pen register intercept is a private communication transmitted by telephone, installable only under the eavesdropping statutes.
- State v. Brown (Washington Supreme Court 1997, 132 Wash. 2d 529)✓Palm Springs officers secretly recorded a Washington murder suspect's statements after his arrest; the court treated RCW 9.73.090, not 9.73.030, as the provision reaching recordings of arrested persons, and held the Privacy Act did not require suppressing that recording.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Recording Laws (2026): All-Party Consent Rules, Federal Wiretap Act and ECPA: The Complete Guide (2026), Is It Illegal to Video Record Someone Without Their Consent? (2026)
§ 9.73.080Penalties.In forcecited in 17 of our articles
(1) Except as otherwise provided in this chapter, any person who violates RCW 9.73.030 is guilty of a gross misdemeanor. (2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW 9.73.090(1)(c) is guilty of a gross misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Wanrow (Washington Supreme Court 1977, 88 Wash. 2d 221)“…9.73.090, which opens with a waiver of RCW 9.73.030 through RCW 9.73.080, [9] i.e., the recording is not unlaw…”
- State v. Williams (Washington Supreme Court 1980, 94 Wash. 2d 531)✓ATF agents recorded a suspect's conversations with an informant and undercover agents with only one party's consent. The court assumed without deciding that the RCW 9.73.080 criminal penalty may not reach federal agents, but held the tapes were still inadmissible in state court.
- State v. Clark (Washington Supreme Court 2007, 916 P.2d 384)“…Violation of RCW 9.73.030 constitutes a gross misdemeanor, RCW 9.73.080, and may also result in civil liability…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Audio Recording Laws: Two-Party Consent Rules and Penalties (2026), Washington Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026), Washington Phone Call Recording Laws: Consent Rules and Exceptions (2026)
United States Code Title 18
§ 1589Forced laborIn force
Whoever knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means— by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person; by means of serious harm or threats of serious harm to that person or another person; by means of the abuse or threatened abuse of law or legal process; or by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint, shall be punished as provided under subsection (d). Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in the providing or obtaining of labor or services by any of the means described in subsection (a), knowing or in reckless disregard of the fact that the venture has engaged in the providing or obtaining of labor or services by any of such means, shall be punished as provided in subsection (d).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 502 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Sabhnani (Court of Appeals for the Second Circuit 2010, 599 F.3d 215)“…em of two counts each of forced labor in violation 3 of 18 U.S.C. § 1589(a), harboring aliens in violation of 8…”
- United States v. Jordie Callahan (Court of Appeals for the Sixth Circuit 2015, 801 F.3d 606)“…violation of 18 U.S.C. § 371; forced labor, in violation of 18 U.S.C. §§ 1589(a) and 2; and acquisition of a controll…”
- United States v. Marcus (Court of Appeals for the Second Circuit 2010, 628 F.3d 36)“…s of the Trafficking Victims Protection 21 Act (“TVPA”), 18 U.S.C. §§ 1589, 1591. In an opinion dated 22 Augu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 441 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,045 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Griggs-Ryan v. Smith (1990) applied the Section 2511(2)(d) prior-consent exception, treating a tenant repeatedly told that all incoming calls were taped as having impliedly consented. United States v. United States District Court (1972) read the then-current Section 2511(3) as conferring no presidential surveillance power.
Opinions citing this section in our collection:
- Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511)✓The Attorney General authorized a warrantless 1970 national security wiretap that caught the plaintiff's calls; the Court held the since-repealed Section 2511(3) disclaimer left the tap lawful under Title III, and that Mitchell had qualified immunity.
- United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297)✓The Attorney General approved warrantless wiretaps on members of a domestic group accused of bombing a CIA office; the Court read Section 2511(3) as a congressional disclaimer conferring no surveillance power, then held the Fourth Amendment required prior judicial approval.
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Dallas police used, in an internal affairs probe of an officer, calls private parties allegedly intercepted illegally; assuming that was unlawful, the Fifth Circuit held Section 2517(1) and (2) allowed the disclosure and use, defeating the Section 2511(1)(c) and (d) claims.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Connecticut Recording Laws (2026): Hybrid Consent Rules Explained, Oregon Recording Laws (2026): Hybrid One-Party and All-Party Rules, Hawaii Recording Laws (2026): Hybrid Consent State Rules
United States Code Title 29
§ 152DefinitionsIn force
When used in this subchapter— The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [45 U.S.C. 151 et seq.], as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 3,261 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…ral Expenditures 2-15. [16] See 16 U. S. C. § 824 (f); 29 U. S. C. § 152 (2); 29 U. S. C. § 402 (e); 29 U. S.…”
- Abood v. Detroit Board of Education (Supreme Court of the United States 1977, 431 U.S. 209)“…elations of state and local governments to the States. See 29 U. S. C. § 152 (2). Michigan has chosen to establish…”
- National Labor Relations Board v. Bell Aerospace Co. (Supreme Court of the United States 1974, 416 U.S. 267)“…cal nature, but requires the use of independent judgment.” 29 U. S. C. § 152 (11). Without more, it could not be…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 157Right of employees as to organization, collective bargaining, etc.In forcecited in 9 of our articles
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 158(a)(3) of this title.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 3,557 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Abood v. Detroit Board of Education (Supreme Court of the United States 1977, 431 U.S. 209)“…tively, Mich. Comp. Laws §§ 423.209 , 423.215 (1970); see 29 U. S. C. § 157 ; 45 U. S. C. § 152 Fourth; and the r…”
- National Labor Relations Board v. Bell Aerospace Co. (Supreme Court of the United States 1974, 416 U.S. 267)“…the National Labor Relations Act. Section 7 of the Act, 29 U. S. C. § 157 , provides that “[ejmployees shall have…”
- Epic Systems Corp. v. Lewis (Supreme Court of the United States 2018, 584 U.S. 497)“…llective bargaining or other mutual aid or protection,” 29 U. S. C. §157. But §7 focuses on the right to orga…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: One-Party Consent States: Complete 2026 Guide, District of Columbia Workplace Recording Laws: Employee and Employer Rights, Mississippi Workplace Recording Laws: Employee and Employer Rights (2026)
§ 158Unfair labor practicesIn forcecited in 5 of our articles
It shall be an unfair labor practice for an employer— to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title; to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 156 of this title, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay; by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing in this subchapter, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this subsection as an unfair labor practice) to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later,…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 11,808 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United Mine Workers of America v. Gibbs (Supreme Court of the United States 1966, 383 U.S. 715)“…nal Labor Relations Act, as *719 amended, 49 Stat. 452 , 29 U. S. C. §158 (a)(2) (1964 ed.), Tennessee Consolid…”
- Consolidated Edison Co. v. National Labor Relations Board (Supreme Court of the United States 1938, 305 U.S. 197)“…of Appeals for the Second Circuit. [1] 49 Stat. 449 ; 29 U.S.C. §§ 158 (1) (3). [2] 29 U.S.C. 158 (2).…”
- Burlington Northern & Santa Fe Railway Co. v. White (Supreme Court of the United States 2006, 548 U.S. 53)“…76, n. 8 (1984), provides an illustrative example. Compare 29 U. S. C. §158(a)(3) (substantive provision prohibitin…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Workplace Surveillance Camera Laws: Employee Guide
§ 160Prevention of unfair labor practicesIn force
The Board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice (listed in section 158 of this title) affecting commerce. This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, or otherwise: Provided, That the Board is empowered by agreement with any agency of any State or Territory to cede to such agency jurisdiction over any cases in any industry (other than mining, manufacturing, communications, and transportation except where predominantly local in character) even though such cases may involve labor disputes affecting commerce, unless the provision of the State or Territorial statute applicable to the determination of such cases by such agency is inconsistent with the corresponding provision of this subchapter or has received a construction inconsistent therewith.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 8,299 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Consolidated Edison Co. v. National Labor Relations Board (Supreme Court of the United States 1938, 305 U.S. 197)“…U.S.C. §§ 158 (1) (3). [2] 29 U.S.C. 158 (2). [3] 29 U.S.C. 160 (a). [4] New York State Labor Relat…”
- Woodford v. Ngo (Supreme Court of the United States 2006, 548 U.S. 81)“…agency. Id., at 108 (quoting National Labor Relations Act, 29 U. S. C. §160(e) (1982 ed.)). See L. A. Tucker Truck…”
- Price Waterhouse v. Hopkins (Supreme Court of the United States 1989, 490 U.S. 228)“…if such individual was suspended or discharged for cause.” 29 U. S. C. § 160 (c). The Board had decided that this pr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Minimum Wage 2026: $7.25 Federal, No State Rate, Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027), Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate
§ 660Judicial reviewIn forcecited in 6 of our articles
Any person adversely affected or aggrieved by an order of the Commission issued under subsection (c) of section 659 of this title may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or where the employer has its principal office, or in the Court of Appeals for the District of Columbia Circuit, by filing in such court within sixty days following the issuance of such order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the record in the proceeding as provided in section 2112 of title 28.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,040 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, Party (Court of Appeals for the D.C. Circuit 1973, 489 F.2d 1257)“…85, Sept. 6, 1972. Review by this court is available under 29 U. S.C. § 660(a) (1970). 2 . Occ…”
- Michael P. Gaffney, Thomas Bell, Edward Anderson v. Riverboat Services of Indiana, Incorporated, Riverboat Services, Incorporated, Robert Heitmeier v. Showboat Marina Casino Partnership, Showboat, Incorporated, Showboat Indiana, Incorporated (Court of Appeals for the Seventh Circuit 2006, 451 F.3d 424)“…was modeled after OSHA's retaliatory discharge provision, 29 U.S.C. § 660 (c). See S.Rep.No. 98-454, at 12 (198…”
- Director, Office of Workers' Compensation Programs v. Newport News Shipbuilding & Dry Dock Co. (Supreme Court of the United States 1995, 514 U.S. 122)“…402 (b)(6); Occupational Safety and Health Act of 1970, 29 U. S. C. § 660 (a); Federal Mine Safety and Health Act…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 8
§ 1324bUnfair immigration-related employment practicesIn force
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a(h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment— because of such individual’s national origin, or in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status. Paragraph (1) shall not apply to— a person or other entity that employs three or fewer employees, a person’s or entity’s discrimination because of an individual’s national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 [42 U.S.C.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 126 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Chamber of Commerce of United States of America v. Whiting (Supreme Court of the United States 2011, 563 U.S. 582)“…s out, IRCA has its own anti discrimination provisions, see 8 U. S. C. §1324b(a)(1), (g)(1)(B) (imposing sanctions fo…”
- Chamber of Commerce of United States v. Edmondson (Court of Appeals for the Tenth Circuit 2010, 594 F.3d 742)“…in “an unfair immigration-related employment practice,” see 8 U.S.C. § 1324b(a)(6), (b). To avoid that possibility,…”
- Olimpia TOVAR, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent (Court of Appeals for the Ninth Circuit 1993, 3 F.3d 1271)“…fice of the Chief Administrative Hearing Officer (“OCAHO”). 8 U.S.C. § 1324b(d)(2). She alleged that Regulation 312.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- EEOC, DOL, NLRB and DOJ: Fact Sheet, Retaliation Based on Exercise of Workplace Rights Is Unlawful (2015)(eeoc.gov).gov
- Sure-Tan, Inc. v. NLRB, 467 U.S. 883 (1984)(courtlistener.com)
- 29 U.S.C. § 215(a)(3) (FLSA anti-retaliation provision)(govinfo.gov).gov
- 29 U.S.C. § 216(b) (FLSA remedies)(govinfo.gov).gov
- Wage and Hour Division: Spanish-language FAQ(dol.gov).gov
- 29 U.S.C. § 157 (NLRA section 7, employee rights)(govinfo.gov).gov
- 29 U.S.C. § 152(3) (NLRA, definition of employee and exclusions)(govinfo.gov).gov
- 29 U.S.C. § 158(a)(1) (NLRA unfair labor practices)(govinfo.gov).gov
- NLRB: Interfering with Employee Rights (Section 7 and 8(a)(1))(nlrb.gov).gov
- NLRB: Immigrant Worker Rights Under the NLRA(nlrb.gov).gov
- Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002)(courtlistener.com)
- EEOC: Retaliation(eeoc.gov).gov
- EEOC Enforcement Guidance on Retaliation and Related Issues (2016), Example 15(eeoc.gov).gov
- 29 U.S.C. § 660(c) (OSH Act section 11(c))(govinfo.gov).gov
- U.S. Department of Justice: Immigrant and Employee Rights Section (IER)(justice.gov).gov
- 8 U.S.C. § 1324b (unfair immigration-related employment practices; intimidation, 180-day charge deadline)(govinfo.gov).gov
- 18 U.S.C. § 1589 (forced labor)(govinfo.gov).gov
- USCIS: Victims of Criminal Activity, U Nonimmigrant Status(uscis.gov).gov
- Cal. Lab. Code § 1019 (unfair immigration-related practices)(leginfo.legislature.ca.gov).gov
- Cal. Lab. Code § 244(b)(leginfo.legislature.ca.gov).gov
- Colo. Rev. Stat. § 8-4-120 (discrimination and retaliation prohibited)(olls.info)
- 740 ILCS 174/5 (Illinois Whistleblower Act, definitions)(ilga.gov).gov
- 740 ILCS 174/15 (Illinois Whistleblower Act, retaliation prohibited)(ilga.gov).gov
- 740 ILCS 174/30 (Illinois Whistleblower Act, damages and penalties)(ilga.gov).gov
- N.J. Stat. § 34:1A-1.20a (P.L. 2024, c. 51)(pub.njleg.gov).gov
- N.Y. Lab. Law § 215 (prohibited retaliation)(nysenate.gov).gov
- RCW 49.46.370 (employee immigration status coercion)(app.leg.wa.gov).gov
- Cal. Penal Code § 519 (extortion, threats)(leginfo.legislature.ca.gov).gov
- Cal. Penal Code § 518 (extortion defined)(leginfo.legislature.ca.gov).gov
- Cal. Bus. & Prof. Code § 6103.7(leginfo.legislature.ca.gov).gov
- Cal. Lab. Code § 1019.1 (employment verification)(leginfo.legislature.ca.gov).gov
- 18 U.S.C. § 2511(2)(d) (one-party consent)(govinfo.gov).gov
- Cal. Penal Code § 632 (recording confidential communications)(leginfo.legislature.ca.gov).gov
- Colo. Rev. Stat. § 18-9-304 (eavesdropping)(olls.info)
- 720 ILCS 5/14-2 (Illinois eavesdropping)(ilga.gov).gov
- N.J. Stat. § 2A:156A-4(d)(lis.njleg.state.nj.us)
- N.Y. Penal Law § 250.00 (eavesdropping definitions)(nysenate.gov).gov
- RCW 9.73.030 (Washington recording consent)(app.leg.wa.gov).gov
- RCW 9.73.080 (Washington recording violations, penalties)(leg.wa.gov).gov
- Cal. Penal Code § 633.5(leginfo.legislature.ca.gov).gov
- 720 ILCS 5/14-3(i) (Illinois exemptions)(ilga.gov).gov
- 720 ILCS 5/14-4 (Illinois eavesdropping, sentence)(ilga.gov).gov
- Wage and Hour Division: How to File a Complaint(dol.gov).gov
- 29 U.S.C. § 160(b) (NLRA six-month limit)(govinfo.gov).gov
- EEOC: How to File a Charge of Employment Discrimination(eeoc.gov).gov
- EEOC: Time Limits for Filing a Charge(eeoc.gov).gov
- OSHA: How to File a Whistleblower Complaint(whistleblowers.gov).gov
- California Labor Commissioner: reminder to employers on immigration-related labor laws(dir.ca.gov).gov
- New Jersey Department of Labor: Retaliation handout (MW-136)(nj.gov).gov
- DHS (archive): enforcement of labor and employment laws(dhs.gov).gov
- USCIS (archive): DHS Support of the Enforcement of Labor and Employment Laws(uscis.gov).gov
- EOIR: List of Pro Bono Legal Service Providers(justice.gov).gov
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