The United States Department of Labor (DOL) released guidance for immigrant labor dispute resolution. For undocumented immigrant workers who fear deportation when challenging their employer’s labor practices, an improved process is now available for reporting workplace abuse.

This guidance comes in the form of four pages of frequently asked questions, available in English and Spanish. It instructs employees to email the DOL if they wish to report workplace abuse but fear their manager’s response. The DOL will then communicate with the Department of Homeland Security (DHS) and request that they be protected from deportation.

This new immigrant labor dispute process can be much faster than the visa process and apply to a wider range of workers. The visa process for an undocumented worker who has been the victim of workplace abuse can often take years. This effort addresses that extensive-time period.

The DOL and DHS were asked to provide this guidance in the last year by an organization committed to protecting the rights of these workers. Subsequently, the Center for Human Rights and Constitutional Law sent a letter to the heads of both departments encouraging them to take action. The letter stated that this action would allow for better enforcement of federal and state labor laws, which would ensure that abusive employers would be investigated.

The Department of Labor said they issued this guidance to put into action the enforcement of their mission, which “depends on the cooperation of workers.” They also acknowledged that vulnerable workers who are not authorized or do not have a certain immigration status can hesitate to report violations, interact with government agencies, or otherwise exercise their rights. They did not offer additional comments beyond the guidance document’s publication.

If you have questions about reporting workplace abuse or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to immigration policy to ensure our clients get the right advice.

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