Immigrant workers play a vital role in the economy and culture of New Jersey, particularly in communities such as Hackensack, Teaneck, and throughout Bergen County. With immigrant residents making up more than 20% of the state’s population—and nearly 30% in counties like Bergen—questions surrounding immigrant workers’ rights in N.J. have become increasingly urgent.
Whether you are undocumented, have a pending immigration status, or hold a work visa, you may wonder what legal protections exist if you're mistreated or injured on the job. The good news is: you have rights. And it’s critical to understand how those rights apply under New Jersey law and how a New Jersey Employment & Labor Lawyers can help you.
Immigrant Workers' Rights in NJ Key Takeaways
- Documented or undocumented immigrant workers in New Jersey have many of the same labor rights as U.S. citizens.
- Federal labor laws prohibit discrimination based on national origin or immigration status in many situations.
- Workers are entitled to fair pay, safe working conditions, and protection from retaliation.
- Employers cannot withhold pay or benefits based on your immigration status.
- Undocumented workers may qualify for workers' compensation in New Jersey.
- Legal services are available to support immigrant workers in recovering unpaid wages or holding employers accountable.
- Public safety and labor enforcement agencies work to discourage businesses from exploiting vulnerable laborers.
- The Reinartz Law Firm can help protect your legal rights and fight for fair treatment in the workplace.
The Role of Immigrant Workers in New Jersey's Labor Market
Across industries like construction, food service, domestic work, manufacturing, and healthcare, immigrant labor keeps New Jersey running. Many immigrants come to the state seeking better lives for their families, only to face legal uncertainty, language barriers, and unethical treatment in the workplace.
According to the New Jersey Alliance for Immigrant Justice, immigrant workers—including undocumented immigrants—contribute significantly to the workforce and tax base. Yet too often, their rights are violated by employers behaving unethically or exploiting workers due to their perceived vulnerability.
New Jersey law and federal labor standards do not allow employers to use immigration status as a weapon. In fact, many immigrant workers have the same rights as U.S. citizens when it comes to pay, workplace safety, and protection from exploitation.
Your Rights Regardless of Immigration Status
One of the most important things to understand is this: your immigration status does not erase your labor rights. In many cases, New Jersey law and federal labor laws provide protections to immigrant workers, regardless of their immigration status.
Even if you are undocumented, you may still be entitled to:
- Minimum wage and overtime pay under the Fair Labor Standards Act (FLSA)
- Safe and healthy working conditions as guaranteed by OSHA
- Workers’ compensation benefits if injured on the job
- Legal protections from discrimination based on race, national origin, or immigration status
- Protection from retaliation if you file a complaint about labor violations
These laws exist to protect not just individuals, but also to preserve fairness in the workforce and discourage businesses from cutting corners by exploiting undocumented workers.
Who Qualifies as a Legal Worker in New Jersey?
Immigrant workers with legal authorization to work in the U.S. may include:
- Lawful Permanent Residents (green card holders)
- Individuals with asylum or refugee status
- Temporary Protected Status (TPS) holders
- DACA recipients (Deferred Action for Childhood Arrivals)
- Visa holders with employment authorization (e.g., H-1B, H-2A, H-2B)
- Workers with pending immigration or adjustment applications
These individuals are fully covered under both New Jersey labor law and federal protections. Employers who knowingly employ these workers must comply with all applicable tax laws, hour laws, and anti-discrimination statutes.
Protections for Undocumented Workers
While employers are prohibited from knowingly hiring undocumented immigrants, the reality is that many businesses still do. Once employed, undocumented workers in New Jersey are entitled to many of the same workplace protections as any other employee.
Some of these include:
- Right to be paid for all hours worked, including overtime
- Right to work in safe conditions
- Right to seek compensation for workplace injuries
- Right to be free from harassment or abuse
- Right to file a complaint without fear of retaliation
Employers who exploit undocumented workers, such as paying less than minimum wage, denying overtime, or threatening deportation, are violating the law. These are not only ethical failures; they are legal violations that can result in severe penalties, including fines, sanctions, and lawsuits.
How Employers Exploit Immigrant Labor
Unfortunately, some businesses see immigrant workers, especially undocumented immigrants or those with uncertain immigration status, as easy targets. These unscrupulous employers often use intimidation, deception, or wage theft to take advantage of workers who are less likely to speak out.
Common forms of abuse include:
- Unpaid wages or wage theft
- Denying breaks or overtime
- Unsafe job sites without required safety gear
- Threats of deportation or firing if a worker complains
- Retaliation for filing workers’ compensation claims
Some employers even misclassify employees as independent contractors to dodge labor laws. This tactic can deprive workers of benefits, workers’ comp, and fair pay. These practices are illegal, and state agencies can impose penalties on employers who use them.
Day Laborers and At-Risk Workforces
Day laborers—often hired informally for manual labor in construction, landscaping, or demolition—are among the most economically vulnerable workers in New Jersey. Many are immigrants who are promised pay that never comes or forced to work without safety equipment, like goggles or hard hats.
Too often, they suffer injuries or abusive treatment and don’t report it. Fear of deportation, job loss, or retaliation causes many to stay silent. But these workers still have rights under New Jersey law. They can access workers' compensation and report abuse to enforcement agencies without jeopardizing their immigration status.
Workers’ Compensation for Immigrants in N.J.
If you’re injured on the job in New Jersey, workers' compensation may cover your medical treatment, lost wages, and permanent disability, even if you are undocumented. New Jersey law does not exclude injured workers from benefits based on immigration status.
Employers are required to carry workers’ compensation insurance for all employees, and failing to do so is a serious violation. Once you're hired, regardless of your immigration status, you are considered a worker under the law. That means you're entitled to:
- Medical treatment for work-related injuries
- Partial wage replacement while recovering
- Compensation for permanent injuries or disability
- Death benefits for dependents if a worker is killed
Still, many employers discourage or prevent immigrant workers from filing claims. Some may threaten job loss or report you to immigration authorities. Others might refuse to report the injury to their insurance carrier at all.
It’s important to know that New Jersey workers’ compensation courts do not require proof of legal immigration status to process claims. Filing for benefits does not trigger immigration enforcement. If your employer is behaving unethically, you have legal options.
Filing Wage Claims and Legal Complaints
Unpaid wages are one of the most common violations faced by immigrant workers in New Jersey. Whether you’re paid cash under the table or receive a formal paycheck, your employer is still required to comply with wage and hour laws.
Violations include:
- Paying less than New Jersey’s minimum wage
- Failing to pay overtime (1.5x the hourly rate after 40 hours/week)
- Withholding final paychecks
- Refusing to pay for all hours worked
You can file a wage complaint through the New Jersey Department of Labor and Workforce Development, and immigration status is not considered during the claims process. In many cases, workers recover unpaid wages and may even receive penalties against the employer.
Employers found violating wage laws can face fines, mandatory back pay, and legal action. Filing a complaint not only helps you recover what you’re owed—it helps protect other workers and hold businesses accountable.
Discrimination, Harassment, and National Origin
New Jersey law protects workers from discrimination and harassment based on race, ethnicity, or national origin. This includes protection from:
- Verbal abuse related to your accent or country of origin
- Being assigned worse hours or duties because you are an immigrant
- Harassment based on your perceived immigration status
- Retaliation for asserting your rights
The New Jersey Law Against Discrimination (NJLAD) and federal laws like Title VII of the Civil Rights Act prohibit employers from targeting workers based on national origin. If you're harassed, bullied, or treated differently because of your background, you can file a legal claim—even if you are undocumented.
It’s also illegal for an employer to threaten immigration enforcement as a way to silence complaints. The National Labor Relations Act (NLRA) protects your right to speak up, organize with coworkers, and report violations, even without work authorization.
Enforcement and Legal Services Available
You may feel hesitant to report violations, especially if your immigration status is uncertain. But there are organizations, agencies, and attorneys who can protect your identity and enforce your rights. You don’t have to take on unethical employers alone.
Agencies that support immigrant workers in N.J. include:
- New Jersey Department of Labor (NJDOL)
- U.S. Department of Labor (Wage and Hour Division)
- Equal Employment Opportunity Commission (EEOC)
- Occupational Safety and Health Administration (OSHA)
These agencies do not report undocumented workers to immigration authorities and are focused on upholding labor laws, not enforcing immigration policy.
Legal advocacy organizations, such as the New Jersey Alliance for Immigrant Justice, and private law firms, like Reinartz Law Firm, also offer free consultations and confidential services. Whether you're facing unsafe work conditions or unpaid wages, these professionals can help you pursue justice without fear.
Legislative Efforts to Protect Immigrant Workers
New Jersey has enacted a number of measures aimed at strengthening protections for immigrant workers and promoting ethical labor practices. These include expanded outreach programs that inform workers of their rights, as well as new regulations targeting exploitation, unsafe work conditions, and discriminatory treatment.
Legislative efforts in recent years have included measures such as the "Wage Theft Law," which allows workers to recover unpaid wages with interest and imposes additional penalties on employers who retaliate against employees who file complaints.
Another key initiative is the New Jersey Domestic Workers' Bill of Rights, which seeks to provide greater protections for household workers who are often excluded from traditional labor protections.
Several policies have been introduced to impose stricter penalties on employers who exploit undocumented labor or engage in retaliatory practices. These efforts are intended to discourage unethical behavior and ensure fair treatment for all workers, regardless of immigration status.
Advocacy groups and community coalitions across the state have played a key role in advancing these reforms. Their work focuses on increasing transparency, supporting ethical hiring standards, and amplifying the voices of immigrant workers who contribute significantly to New Jersey's economy.
Together, these legislative and grassroots initiatives reflect a growing commitment to immigrant justice. They reinforce the message that every worker in New Jersey deserves dignity, safety, and legal protection in the workplace.
Public Safety and the Cost of Exploitation
When employers violate labor laws, it’s not just workers who suffer—the entire community is affected. Wage theft, unsafe job sites, and retaliation harm public safety, strain healthcare systems, and undercut honest businesses.
Protecting immigrant workers helps:
- Create safer workplaces
- Prevent human rights violations
- Level the playing field for ethical employers
- Promote tax compliance and economic fairness
By holding abusive employers accountable, New Jersey protects its workforce and its values. Reporting misconduct is not just a personal decision; it’s a public good.
Know Your Rights. Protect Your Future.
Whether you’re a recent immigrant with temporary status or a longtime undocumented worker, you deserve to work with dignity, safety, and fairness. You are not alone, and you are not invisible under the law.
The more you know about your rights, the better you can protect yourself—and the stronger your case will be if legal action is needed. Keep accurate records of your hours, document any unsafe conditions, and save all relevant communications with your employer.
If you’ve been denied wages, threatened, injured, or abused at work, don’t wait to speak with a lawyer. The sooner you act, the more options you’ll have to recover pay, get medical care, and stop unethical employers from doing the same to others.
Contact Reinartz Law Firm for a Free Consultation
The Reinartz Law Firm helps immigrant workers throughout New Jersey seek justice when they’ve been mistreated at work. Whether your case involves wage theft, workplace injury, harassment, or retaliation, we are ready to listen and take action.
We understand the risks immigrant workers face when they speak up. Our team will protect your privacy, uphold your legal rights, and fight for the outcome you deserve—no matter your immigration status. From construction workers in Hackensack to restaurant staff in Teaneck, we’re proud to support the people who power New Jersey’s economy.
Contact us today at (201) 289-8614 or contact us online to schedule your free consultation, which we provide without pressure or obligation. Let us help you get the compensation, safety, and respect you’re entitled to under the law.
