What are my labor and employment rights as an immigrant living in New York?

New York City (NYC) and New York State (NYS) have some of the strongest labor protections in the country, ensuring robust protections for all workers regardless of immigration status.

Below are summaries of some state and local laws, including minimum wage, overtime, paid leave, workplace safety, and protections against harassment and retaliation, that you should know about. These laws apply to all workers, including undocumented workers and those without work authorization, and exist to address violations while protecting worker confidentiality. Employers cannot use your immigration status to deny you employee protections.

1. Minimum Wage & Overtime

• NYC’s minimum wage is $16.50 per hour as of 2025. This amount applies to all workers regardless of immigration status.
• Tipped workers must receive at least $13.75 per hour in cash wages, with employers required to cover any shortfall if tips do not reach the full minimum wage.
• If you work more than 40 hours per week, your employer must pay 1.5 times your regular wage in overtime pay, with a few exceptions.
• Domestic workers must be paid overtime after 40 hours per week (or 44 for live-in workers).
• These minimum wage and overtime laws apply to all workers, regardless of immigration status and regardless of how you are paid (cash, “off the books”, etc.).

2. Protection from Wage Theft

• Employers must pay workers for all hours they have worked, including required training and meetings.
• If your employer withholds your wages, you can file a claim with the New York State Department of Labor (NYS DOL) or sue under New York Labor Law.
• Working time includes time worked, permitted attendance (even without assigned duties), required waiting time, and job-related travel.

3. Workplace Discrimination & Harassment

• It is not illegal for an employer to ask a potential employee about work authorization or for an employer to refuse to hire someone because they do not have work authorization. However, employers may not require different or additional documentation for job applicants based on their immigration status or national origin.
• If an employer decides to hire someone regardless of work authorization, the employer cannot harass or discriminate against the employee based on immigration status.
• Employers cannot discriminate against workers based on national origin, immigration status, or race.
• Workplace harassment related to ethnicity or immigration status is illegal.
• If you have experienced workplace discrimination or harassment, you can file a complaint with the NYC Commission on Human Rights (NYCCHR) or the New York State Division of Human Rights (NYSDHR).

4. Workplace Retaliation is Illegal

• Your employer cannot fire, demote, or threaten you for reporting violations, asserting your legal rights, or organizing with coworkers.
• Threatening to report a worker to Immigration and Customs Enforcement (ICE) as retaliation is illegal.

5. Workplace Safety & Workers’ Compensation

• All workers, including undocumented workers, have the right to a safe workplace and can report unsafe conditions.
• If you are injured at work, you may be eligible for workers’ compensation benefits, including medical care and lost wages. You can be eligible for workers’ compensation benefits regardless of your immigration status. For help with workers’ compensation, you can contact the Workers’ Compensation Board’s Advocate for Injured Workers at 800-580-6665.

6. Paid Sick & Family Leave

• You can earn up to 56 hours of paid sick leave per year for illness, caring for a family member, or domestic violence-related needs.
• Eligible workers, regardless of immigration status, can take up to 12 weeks of paid family leave to bond with a new child or care for a seriously ill family member.

7. Undocumented Workers: Employee Protections

• Employers cannot use your immigration status to withhold wages, deny overtime pay, or retaliate against workers for reporting violations
• Undocumented workers are Entitled to minimum wages, to work in a safe environment, and to report workplace violations.

How to Report Violations (Confidential & Free)

• NYC Department of Consumer and Worker Protection (DCWP): Call 311 or visit nyc.gov/workers
• New York State Department of Labor (NYS DOL): Call 1-888-469-7365 or file a claim online
• NYC Commission on Human Rights (NYCCHR): Call 311 or visit www.nyc.gov/cchr

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.