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You can also file a complaint with the Department of Labor The DOL Wage & Hour Division can provide you with information as to what sorts of claims or complaints they accept and how their process works. They can be contacted at 866-487-9243. They also have a webpage with information that might be helpful.
An ITIN does not provide legal immigration status and cannot be used to prove legal presence in the United States. An ITIN does not provide work authorization and cannot be used to prove work authorization on an I-9 form.
Immigrants have the same basic employment rights as other workers, regardless of their immigration status. Labor laws in the U.S.?including the Fair Labor Standards Act (FLSA), Occupational Health and Safety Act (OHSA), and Family Medical Leave Act (FMLA)?apply to all employees, regardless of their immigration status.
The IRCA prohibits employers from knowingly hiring undocumented workers and requires them to verify the work-authorization status of all employees at the time of hire. To verify work-authorization status, the employer uses a form called the I-9 Employment Eligibility and Verification Form (?I-9?).
Most rights and protections guaranteed by the FLSA, NLRA, Title VII, MSPA, and relevant Texas labor laws are extended to undocumented workers even though the law prohibits employers from hiring them.