ON INTERNATIONAL WORKERS DAY, AG CAMPBELL ISSUES ADVISORY ON PROTECTIONS FOR IMMIGRANT WORKERS
Advisory Reaffirms that Protections under State Wage and Hour Laws Apply to All Workers Regardless of Their Immigration Status
BOSTON — Attorney General Andrea Joy Campbell today issued an advisory to reaffirm her Office’s commitment to protecting the rights of all workers, including immigrants and minors.
The advisory reminds the public that all workers, irrespective of immigration status, are protected by the state’s labor and employment laws. Such protections include the right to be paid the minimum wage and overtime, in full and on time; the right to a safe and healthy workplace free from sexual harassment and other forms of discrimination; the right to protections under Child Labor Laws; and the right to organize and to be classified properly as an employee.
The advisory has been shared with various community and advocacy groups and is available in multiple languages.
“All workers in Massachusetts are entitled to employment rights and protections, regardless of immigration status,” said AG Campbell. “My office has always been an advocate and resource for workers, and we will continue to work to ensure they are being paid properly and treated justly by employers.”
Under state laws, all workers have the right to be paid a legal rate of pay, in full and on time – this includes minimum wage ($15 per hour), overtime (time and a half your regular rate for all hours worked over 40 hours in a work week) and the prevailing wage on public works projects. Workers are also entitled to certain workplace protections such as the right to be free from sexual harassment and other forms of discrimination while at work, including discrimination on the basis of race, color, and national original.
Additional protections ensure workers, including minors, have the right to a safe and healthy workplace, the right to organize, and the right to be classified properly as an employee. Underage workers also the have right to protections under the state’s Child Labor Laws, including maximum hours and protection from working too early in the morning or too late at night, and working unsupervised or with dangerous machinery. All workers, irrespective of immigration status, are entitled to these protections.
The advisory also reinforces the AG Office’s commitment to serve all workers, irrespective of their immigration status or language, noting that the office does not inquire about an individual worker’s immigration status. The advisory additionally states that retaliation against workers who assert their legal rights will not be tolerated. Further, the AG’s Office can assist eligible workers whose rights have been violated in seeking protection from immigration enforcement by supporting workers’ requests for prosecutorial discretion, and/or U or T visa certification.
The Attorney General’s Fair Labor Division enforces laws that protect all workers in the Commonwealth, including immigrants and minors. These laws include minimum wage, timely payment of wages, overtime, tip pooling, child labor, and public construction bid laws.
The Fair Labor Division has broad powers to investigate violations and enforce these laws through criminal and civil actions. The Fair Labor Division protects employees from exploitation, prosecutes employers who are failing to follow state wage and hour laws, and sets a level playing field for law-abiding employers. The AG’s Office ensures that strong economic growth and fairness for workers go hand-in-hand.
Workers who believe
their rights have been violated in their workplace can also call the office’s
Fair Labor Hotline at (617) 727-3465. More information about the state’s wage
and hour laws is also available in multiple languages at www.mass.gov/ago/multi.
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