This Monday Documented hosted a presentation and Q&A with more than 150 recently arrived immigrants and members from our WhatsApp community to tackle misinformation about working as an undocumented migrant in the state of New York.
The presentation took place at St. Paul & St. Andrew’s Church in the Upper West Side as part of their Miracle Mondays resource fair, where local organizations and city offices gather each week to provide resources, information about public benefits, food, and clothes for recently arrived migrants.
Documented was joined by Mel González, project director for the Employment Law Project at New York Legal Assistance Group. During the event González answered questions sent in by readers of Documented’s WhatsApp newsletter, Semanal, and provided a summary of the rights and protections for undocumented migrants working in the state.
Also read: Wage Theft: What to Know If You Think Your Wages Are Stolen
“Regardless of your immigration status, you have rights in New York State,” González said, who focused his conversation on questions surrounding deportation, employment, and wage theft.
As González explained, since 2021 it has become illegal in New York to threaten someone with reporting their status to immigration authorities. However, González said that immigrants, primarily those undergoing immigration proceedings, may still not be aware of their rights. Many may hesitate to report workplace harassment and discrimination for fear that their employer will contact immigration agencies. “It’s a form of retaliation,” he said in Spanish, explaining to the crowd that people are protected under NYS labor law against such forms of retaliation. “I have heard ‘I will report you to la migra and they will deport you,’ ” he said regarding some of his clients’ claims.
González noted different types of retaliation can occur at the workplace, including discrimination for belonging to a group or ethnicity. “I also hear a lot about older employees getting fired to be replaced by younger employees. That is also a form of discrimination,” he said, adding that people have protections and can be compensated if they suffer damages from employment discrimination.
Also Read: Asylum Seekers Share Advice About Work Permits for Migrants in NYC
Many of González’s clients often reported not being paid for working overtime, to which González said: “You have to be paid one and a half the hourly rate.” The question about overtime pay and minimum wage is also a popular question in Documented’s WhatsApp channel where some have reported being paid less than minimum wage in New York, which is $16.00 for 2024. If you think your wages have been stolen, Documented has compiled a list of resources to help.
Attendees also highlighted the need for legal assistance in New York’s Immigration courts and the lack of job opportunities available to those in the cusp of obtaining their work permits. Other topics of interest included health insurance questions for single parents, summer activities for teenagers and information about the asylum work-clock.
