Immigrant Workers in California Denied Overtime Pay

Los Angeles, CAWorkers in California are entitled to basic rights, including overtime pay, regardless of whether they are immigrant workers or not. However, some unscrupulous employers are mistreating their immigrant workers by denying legally protected wages and breaks. Some immigrant workers are starting to fight back, but officials believe there are many more that have legitimate complaints but are not coming forward.

In one case of immigrant workers fighting back, civil rights litigators have joined a class-action lawsuit against a construction company, arguing that the company is in violation of wage and employment laws. The lawsuit claims that the construction company, Masco Contractor Services Inc., has routinely denied over 1,000 employees their overtime pay.

According to an article in the Los Angeles Times, the majority of the company's employees are Latino, making the lawsuit one of the largest wage claims class-action lawsuits filed by Latino workers in California. One lawyer, interviewed for the article, said that many immigrant workers do not file complaints because they are concerned about their immigration status and/or they are desperate for jobs.

The lead plaintiff in the lawsuit said that some days, workers received only five hours' pay for up to 12 hours worked because their employer does not count time spent traveling, unloading equipment, or doing paperwork.

Last month, the Mexican consul general in San Jose joined a group of labor activists who are fighting for the rights of abused immigrant workers. Immigrant workers are often subjected to a number of abuses including below minimum wage pay, overloaded work schedules, denial of breaks, intimidation, and not being paid for overtime.

Concern about treatment of immigrant workers in California has led to a visit from a United Nations human rights expert. Jorge A. Bustamante, U.N. special rapporteur on the human rights of migrants, toured seven California cities, speaking with day laborers, farm labor advocates, immigration attorneys, and migrants.

One attorney, as reported in the Los Angeles Times, noted that California has strong farm labor protection laws but lacked the enforcement to protect workers. The attorney pointed out that contractors who do not pay the workers and also do not provide toilets, water, or proper breaks often hire immigrant farm workers.

Other lawyers noted that migrant protection laws have been passed but not implemented.

One company has recently settled lawsuits with its mostly immigrant workforce. Plaintiffs argued that the company denied them work breaks and did not pay them for overtime work. The company involved paid over $152,000 in settlements and fines.

If you believe you are owed wages or overtime pay, contact a lawyer to discuss your options. You may be entitled to compensation for work that you performed but were not paid for.