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Posted on January 10 2019

New updates by US AG on Immigration status and work rights

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By  Editor
Updated May 10 2023
US Attorney General

New guidelines on immigration status and work rights have been announced by Lisa Madigan the US Attorney General. This is for employees at the workplace. It has been shared by the office of the AG titled ‘Impact of Immigration Status on Employees’ Rights in the Workplace - Guidance for Illinois Residents’.

The guidelines are a resource that elaborates on the obligations of the employers as defined in the Immigration and Nationality Act. It also details the safeguards for employees – unauthorized and authorized. This is under the Federal and State anti-discrimination laws for an hour and wage and other laws.

Lisa Madigan said that she encourages workers and employers in Illinois to utilize these guidelines. This is while assessing practices and policies in federal immigration laws and their effect on the status of employment, added Madigan.

The Office of the AG reminds workers in Illinois that all employees possess certain lawful rights after hiring. This is irrespective of their employment authorization or immigration status, as quoted by the Advantage News. These rights are as below:

  • The right of receiving at least the minimum hourly wage for all hours of work ($8.25 in Illinois and $11 in Chicago City)
  • Majority of hourly workers have the right to be paid for overtime work for all hours worked more than 40 per work week. This includes Home Health Care, Childcare, Landscaping, Construction, Restaurant, and Retail sectors.
  • The rights to join workers union or centre as well as healthy and safe workplace
  • The right to not be discriminated on the grounds of age, sex, national origin, religion, colour, race, pregnancy or sexual orientation in the workplace
  • Employers cannot discriminate against employees possessing legal PR through Green card or valid Work visa on the basis of their immigration status or deny them a job on this basis
  • Employers also cannot demand documents of only specific workers and not others

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