Wage Theft in the U.S.: Your Rights Regardless of Immigration Status

As of September 2026, U.S. federal wage law protects workers regardless of immigration status. The Wage and Hour Division (WHD) of the Department of Labor says it enforces the Fair Labor Standards Act (FLSA) without regard to whether an employee is documented or undocumented, and that its services are free and confidential for everyone.

If your employer did not pay you for hours you worked, you can claim that money. The Supreme Court's well-known Hoffman Plastic decision did not change that: it dealt with a different kind of payment under a different law. This page explains what the law says, how long you have to act, how to file a complaint, and what five states with large immigrant workforces say.

This page covers U.S. federal wage law (the FLSA), the Hoffman Plastic case and, as examples, the laws and agencies of California, New York, Texas, Illinois and Florida. It does not cover every state or local minimum wage ordinance. It is general information and is not a substitute for advice from a lawyer or legal aid organization about your situation.

Does federal wage law protect you if you are undocumented?

Yes. The WHD's Fact Sheet #48, revised July 2008, puts it this way:

The Department's Wage and Hour Division will continue to enforce the FLSA and MSPA without regard to whether an employee is documented or undocumented.

The WHD explains that under those laws, the claim is for pay for hours the employee actually worked, because the law requires payment for that work.

The WHD's page on information you need to file a complaint adds that all of its services are free and confidential, whether you are documented or not.

What the FLSA requires, in basic terms:

• Minimum wage. The federal minimum wage has been $7.25 an hour since July 24, 2009, under 29 U.S.C. § 206. Many states and cities set a higher minimum.
• Overtime. Under 29 U.S.C. § 207(a)(1), a covered employee who works more than 40 hours in a workweek must be paid at least one and one-half times the regular rate for those hours. Our overtime calculator applies this federal rule, plus the state daily-overtime rules it models, to a set of hours worked and shows which hours qualify for the higher rate.
• What you can recover. Under 29 U.S.C. § 216(b), an employer that violates those rules is liable for the unpaid minimum wages or overtime plus an equal additional amount as "liquidated damages." If the employer proves it acted in good faith and had reasonable grounds to believe it was not violating the FLSA, the court may reduce or deny the liquidated damages (29 U.S.C. § 260). If the worker wins the lawsuit, the court also awards a reasonable attorney's fee and costs against the employer.

Not every job is covered by the FLSA in the same way, and the law has exemptions. If you are not sure whether your job is covered, the WHD can help at no cost.

What the Hoffman Plastic case actually held (and what it did not)

Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), is the case most often cited, and often miscited, for the idea that undocumented workers "have no rights." That is not what the Court decided.

The facts. Jose Castro was hired in 1988 at a chemical compounds plant after presenting the birth certificate of a friend born in Texas. In January 1989 the company laid him off, along with other workers, for supporting a union drive. The National Labor Relations Board (NLRB) found the layoff violated the National Labor Relations Act (NLRA) and awarded him $66,951 in backpay, plus interest, for the time he did not work after the layoff.

What it held. The majority opinion, written by Chief Justice William Rehnquist, begins:

We hold that such relief is foreclosed by federal immigration policy, as expressed by Congress in the Immigration Reform and Control Act of 1986 (IRCA).

In other words, the Court held that the 1986 immigration law (IRCA) barred the NLRB from ordering that backpay to a worker who had never been legally authorized to work. The Court described the NLRB's request as backpay for years of work not performed. The decision was 5 to 4; Justice Stephen Breyer wrote the dissent.

What it did not hold:

• It did not address pay for hours already worked. The WHD explains in Fact Sheet #48 that the Court interpreted only one law, the NLRA, and did not address the FLSA or the MSPA. According to the WHD, the Court's concern about paying for work not performed does not apply to work actually performed.
• It did not let the employer off the hook. The opinion itself says that the lack of authority to award backpay does not mean the employer gets off scot-free: the NLRB's orders to cease and desist and to post a notice to employees about their rights stood, and the employer faced contempt proceedings if it did not comply.
• It did not say the NLRA stops protecting these workers. The opinion recalls that in an earlier case, Sure-Tan, Inc. v. NLRB (1984), the Court affirmed that the NLRA applies to undocumented workers.

One point that matters for your safety: the opinion notes that anyone who uses or attempts to use false documents to get work is subject to fines and criminal prosecution under 18 U.S.C. § 1546(b). Nothing on this page suggests using false documents or lying to an agency or a court.

How long you have to file

Under the FLSA, the deadline is in 29 U.S.C. § 255(a): an action for unpaid minimum wages, overtime or liquidated damages must be commenced within 2 years after the violation, or within 3 years if the violation was willful. After that, the law says the claim is "forever barred."

29 U.S.C. § 256 defines when an action is commenced: the date the complaint is filed in court. In a collective action, for each worker it is the date that worker's written consent to join is filed in court.

That is why it pays to act early, even if only to ask for guidance. State deadlines are different and sometimes shorter (see the table below). Before either clock runs out, ask an employment lawyer for a free case evaluation on which federal or state deadline applies to your unpaid wages (attorney advertising).

How to file a complaint with the Wage and Hour Division (WHD)

The WHD takes complaints by phone, online or at a local office, according to its How to File a Complaint page (also in Spanish):

1. Call 1-866-487-9243 (1-866-4-US-WAGE). You can also use the online contact form or visit the nearest WHD office.
2. Have this information ready, according to the WHD's list: your name, address and phone number; the company's name, location and phone number; the manager's or owner's name; the type of work you did; and how and when you were paid (for example, cash or check, every Friday).
3. Keep evidence. The WHD says copies of pay stubs, your own records of hours worked and any other information about how you were paid are helpful. Write down your start and end time every day.

Confidentiality. The WHD says the name of the complainant, the nature of the complaint and whether a complaint exists may not be disclosed.

Retaliation. The WHD says an employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation. The law prohibits it in 29 U.S.C. § 215(a)(3): it is unlawful to fire or in any other manner discriminate against an employee because the employee filed a complaint, started a proceeding or testified under the FLSA.

You can also file with your state's labor agency, where one exists and where state law gives you more protection. A complaint to an agency is not the same as a lawsuit in court, and each route has its own deadlines.

What some states say: California, New York, Texas, Illinois and Florida

Many states have wage laws more protective than the FLSA and their own agency for wage claims. This table shows five states with large immigrant workforces. It is not a list of every state; if you live elsewhere, look up your state's labor agency.

Some details from the table:

• California. Labor Code § 1171.5 says all protections, rights and remedies under state law are available to all individuals regardless of immigration status, with one exception: any reinstatement remedy prohibited by federal law. It also bars inquiry into immigration status in proceedings to enforce those laws unless the person seeking it shows by clear and convincing evidence that the inquiry is necessary to comply with federal immigration law. The Labor Commissioner offers a phone interpreter at 833-526-4636.
• New York. NYSDOL says an employer cannot justify not paying the minimum wage, overtime or benefits based on an employee's immigration status, or use that status to prevent a worker from filing a wage complaint. It asks you not to send original documents, only copies.
• Texas. The 180-day deadline in the Texas Payday Law (§ 61.051) is much shorter than the federal one, and the statute says it is a matter of jurisdiction: a late claim is dismissed. That deadline applies to a claim with TWC; the federal FLSA deadline is separate.
• Florida. The state minimum wage comes from the Florida Constitution, article X, § 24, which raises it to $15.00 an hour on September 30, 2026 and says actions to enforce it are subject to a limitations period of 4 years, or 5 years for willful violations. Before suing for unpaid minimum wages under state law, the worker must notify the employer in writing of the amount owed and the dates, and the employer has 15 days to pay, under § 448.110(6). The statute limits the Department of Commerce's authority to calculating and publishing the minimum wage, except as the Legislature expressly grants. The Attorney General may sue and seek a $1,000 fine for each willful violation.

Retaliation and immigration threats

Fear that the employer will call immigration is one of the most common reasons workers do not file. What the law says:

• Federal law. The FLSA prohibits firing or discriminating against an employee for filing a complaint (29 U.S.C. § 215(a)(3)). An employer that violates that rule is liable for relief that can include reinstatement, lost wages and an equal amount as liquidated damages (§ 216(b)). In its 2008 fact sheet, the WHD said it was still considering how Hoffman affects the anti-retaliation laws it enforces.
• California. Labor Code § 1019 prohibits threatening to contact, or contacting, immigration authorities to retaliate against someone for exercising labor rights. If it happens within 90 days after the worker exercised those rights, the law presumes it was retaliation unless the employer proves otherwise, and the worker can sue.
• Florida. Section 448.110(5) prohibits retaliation against anyone for exercising state minimum wage rights, including the right to file a complaint.

If your employer threatens you, write down the date, the time, the exact words and who was present. Before recording a conversation, check your state's consent rules in our guide to recording laws in the United States: in some states it is a crime to record without the permission of everyone in the conversation.

Deferred action for workers in labor disputes: the 2026 picture

For some years, the Department of Homeland Security (DHS) had a process for workers helping with a labor investigation to request deferred action, meaning the government would temporarily hold off on removal action against them. Labor agencies supported those requests with a "statement of interest."

As of September 2026, that process should not be counted on:

• USCIS archived its page on the process with a notice that the information is out of date.
• On May 8, 2026, USCIS issued Policy Alert PA-2026-01, which says that, unless mandated by law or regulation, deferred action is only considered on an individual case-by-case basis and is an extraordinary use of prosecutorial discretion.

Some state agencies, such as NYSDOL, still mention statements of interest. Before requesting one or relying on one, talk to an immigration lawyer or accredited representative. Your right to be paid wages you already earned does not depend on this process.

Where to find free, legitimate help

• WHD (federal): 1-866-487-9243, free and confidential, whether you are documented or not.
• Your state labor agency: the table above covers California, New York, Texas, Illinois and Florida.
• Immigration questions: the EOIR list of pro bono legal service providers, organized by state.
• Be wary of middlemen who charge to "fix" a claim or your papers. Read our guide to notario fraud.

If you left a job and did not get your last paycheck, see our guide to final paycheck laws by state. If you are worried about an immigration visit, read what to do if ICE comes to your door. All our guides on this topic are in the immigrant rights section.

Disclaimer: This article provides general legal information about workers' wage rights in the United States regardless of immigration status, under federal law and the laws of California, New York, Texas, Illinois and Florida in effect in September 2026. It is not legal advice. For your situation, consult a lawyer licensed in your state, a legal aid organization or the relevant labor agency.

Frequently Asked Questions

Can I claim unpaid wages if I am undocumented?

Yes. The Wage and Hour Division (WHD) of the Department of Labor says it enforces the Fair Labor Standards Act (FLSA) without regard to whether a worker is documented or undocumented, and that its services are free and confidential for everyone. Under the FLSA the claim is for pay for hours you actually worked.

Does the Hoffman Plastic case mean undocumented workers have no labor rights?

No. In Hoffman Plastic Compounds v. NLRB (2002), the Supreme Court held that the National Labor Relations Board could not order backpay, for time not worked after an unlawful firing, to a worker who was never authorized to work. The WHD explains that the case interpreted only the National Labor Relations Act and did not address the FLSA or pay for hours already worked.

Will the WHD ask about my immigration status?

The WHD says all of its services are free and confidential, whether you are documented or not. To file a complaint it asks for information such as your name and contact details, the company's details, the type of work and how and when you were paid.

How long do I have to claim unpaid wages?

Under the FLSA, the lawsuit must be filed in court within 2 years of the violation, or within 3 years if it was willful (29 U.S.C. § 255). State deadlines differ: for example, in Texas a claim with the Texas Workforce Commission must be filed within 180 days, and in Illinois complaints to the Department of Labor under the Wage Payment and Collection Act within 1 year.

Can my employer fire me for complaining?

The FLSA makes it unlawful to fire or in any other manner discriminate against an employee because the employee filed a complaint or testified (29 U.S.C. § 215(a)(3)). If that happens, the employer is liable for relief that can include lost wages and an equal amount as liquidated damages, among other remedies. For workers without work authorization, the WHD said in 2008 that it was still considering how the Hoffman decision affects the anti-retaliation laws it enforces, and Hoffman barred backpay for time not worked after an unlawful firing, so lost wages after a firing may not be available. Talk to a lawyer or legal aid organization.

Is it illegal for my employer to threaten to call immigration if I claim my wages?

It depends on the state and the facts. In California, Labor Code § 1019 prohibits threatening to contact immigration authorities to retaliate against a worker for exercising labor rights. Under federal law, the FLSA prohibits discriminating against an employee for filing a complaint. Write down every threat with the date, time and witnesses.

Can I recover more than what I am owed?

Under the FLSA, an employer that did not pay minimum wage or overtime is liable for the unpaid amount plus an equal amount as liquidated damages, and if the worker wins the lawsuit, a reasonable attorney's fee and costs (29 U.S.C. § 216(b)). If the employer proves it acted in good faith and had reasonable grounds to believe it was not violating the FLSA, the court may reduce or deny the liquidated damages (29 U.S.C. § 260). The outcome depends on the facts of each case.

Does deferred action still exist for workers who report labor abuses?

It should not be counted on. USCIS archived its page on that process with a notice that the information is out of date, and its Policy Alert PA-2026-01, dated May 8, 2026, says deferred action is only considered case by case as an extraordinary use of prosecutorial discretion. Talk to an immigration lawyer or accredited representative before requesting it.