Your rights at work, with or without papers

This page is general information, not legal advice. Rules can differ for some jobs, such as government work and some household jobs.

Do I have rights at work without papers?

Yes. California law (Labor Code 1171.5) says its work protections apply to everyone, whatever their immigration status. You have the right to:

• Pay for every hour you work, at least the minimum wage
• Overtime pay for long days and long weeks
• Meal and rest breaks
• Paid sick leave: most workers get at least 5 days or 40 hours a year. See Paid sick days in California.
• A safe workplace, and the right to report a safety problem to Cal/OSHA. For hot workplaces, see Heat at work.
• Workers' compensation if you are hurt on the job
• Fair treatment: discrimination is illegal at businesses with 5 or more workers, and harassment is illegal at every workplace, even one with a single worker

How much should I be paid?

At least $16.90 an hour. That is the California minimum wage in 2026. Many cities set a higher rate. Your employer must pay the higher rate for the city where you do the work.

The state rate goes up to $17.40 on January 1, 2027. City rates usually change in January too. Palo Alto has already set $19.25 for 2027.

What if my boss did not pay me?

File a wage claim with the California Labor Commissioner. Being cheated out of pay is hard, and you can do something about it. You do not need a lawyer, and the Labor Commissioner says it does not ask about immigration status. For most unpaid wages, including minimum wage and overtime, you can ask for pay going back three years. A promise of higher pay that was only spoken may reach back two years, and a written contract four years.

There is no Labor Commissioner office in San Mateo County. The nearest are in San Jose, San Francisco and Oakland. You can also file online, by email or by mail. Our guide How to file a wage claim walks through the form, the offices and what happens next.

• Labor Commissioner offices (California Department of Industrial Relations)

What should I write down?

Start a record today. It helps you remember, and it helps anyone who helps you. Keep it where your employer cannot reach, like your own phone or a notebook at home.

• The days and hours you worked, including start, end and break times
• What you were paid, when, and how (cash, check or deposit)
• Pay stubs, texts, schedules and photos of time cards, if you have them
• Your employer's business name and address, and your supervisor's name
• What happened, with dates, if you were treated unfairly or hurt

What if I am punished for speaking up?

That may be illegal retaliation, and you can file a complaint. Retaliation means you were fired, had your hours cut or were threatened after you complained, asked about pay or reported a problem. This includes punishment for reporting a safety problem or for using your sick days. You have one year to file a retaliation complaint with the Labor Commissioner.

• How to file a retaliation complaint (California Labor Commissioner)

When do I get overtime and breaks?

• Overtime: most hourly workers earn one and a half times their regular pay for work over 8 hours in a day, over 40 hours in a week, or on the seventh day in a row. After 12 hours in one day, the pay is double. Farmworkers now follow the same 8 and 40 hour rules.
• Meal break: if you work more than 5 hours in a day, you usually get a meal break of at least 30 minutes. It can be unpaid only if you are free of all work and free to leave. It must start before the end of your fifth hour of work.
• Holidays: California law does not require paid holidays or extra pay just for working on a holiday. If your employer has a policy, contract or union agreement that promises holiday pay, it must follow it.

Unpaid overtime and missed breaks can be part of a wage claim.

What if I am unsafe at work?

Report it to Cal/OSHA. The law says Cal/OSHA must keep your name confidential. If the problem is heat, Heat at work explains your right to water, shade and rest.

• File a safety complaint (Cal/OSHA)

What if I face discrimination or harassment?

File a complaint with the California Civil Rights Department. You have three years from the last thing that happened. The department says it does not ask about immigration status.

• How to file a complaint (California Civil Rights Department)

Can I get money when I cannot work?

Unemployment, no. Disability Insurance and Paid Family Leave, maybe.

• Unemployment benefits require permission to work. California does not have a program that pays unemployment benefits to workers without work permission.
• Disability Insurance and Paid Family Leave are different. If State Disability Insurance (often shown as "SDI" or "CASDI" on a pay stub) was taken out of your pay, you may qualify even without a Social Security number. The state Employment Development Department explains how to apply on paper.

For a few days off when you or a family member is sick, see Paid sick days in California. For how much Disability Insurance pays and for how long, see State Disability Insurance.

• Benefits for undocumented workers (California EDD)

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: unpaid wages and retaliation complaints. Call 833-526-4636. Wage claims (dir.ca.gov)
• Legal Aid at Work: a free workers' rights clinic for people within its income limits, or age 60 and over, with help in Spanish and many other languages. To make an appointment from East Palo Alto, call (415) 404-9093. Workers' Rights Clinic (Legal Aid at Work)
• California Civil Rights Department: discrimination and harassment. calcivilrights.ca.gov
• Cal/OSHA: workplace safety. dir.ca.gov/dosh
• EDD: Disability Insurance and Paid Family Leave. edd.ca.gov/undocumentedworkers

What should I ask a clinic?

You earned that pay, and you deserve to be safe at work. Take the first step today. You are not alone in this.