Many undocumented workers in Massachusetts worry that because of their immigration status, they are not entitled to the same legal protections as other employees—especially when it comes to wages. However, under both Massachusetts and federal law, all workers, regardless of immigration status, have the right to be paid fairly and on time. If you are not receiving the wages you have earned, you may be entitled to legal relief, even if you are undocumented.
Wage Protections Apply to All Workers—Regardless of Immigration Status
Federal and state wage laws are designed to protect workers from exploitation. In Massachusetts, the Wage Act requires that all employees be paid their earned wages in full and on time. This includes:
- Minimum wage
- Overtime pay (time and a half for hours worked over 40 in a week)
- Payment for all hours worked
- Timely payment, including payment of final wages upon termination
The law makes no distinction between documented and undocumented workers. Courts in Massachusetts and across the country have consistently ruled that undocumented workers are entitled to the same wage protections as everyone else. If you’ve worked, you deserve to be paid.
Federal Law Also Protects Undocumented Workers
At the federal level, the Fair Labor Standards Act (FLSA) establishes minimum wage and overtime standards. It applies to all employees, regardless of immigration status. Employers are not allowed to use a worker’s lack of legal immigration status as an excuse to avoid paying lawful wages.
Even if you are paid in cash, or you do not have a formal employment agreement, you are still protected by wage laws. The law looks at the reality of the work relationship—not your immigration documents.
Employers Cannot Use Your Immigration Status Against You
Some employers try to intimidate undocumented workers into silence by threatening to report them to immigration authorities if they complain about unpaid wages. This type of retaliation is illegal under both state and federal law.
Massachusetts law specifically prohibits employers from firing, threatening, or discriminating against workers who assert their rights under the Wage Act. If an employer retaliates against you for asking about your pay or for filing a complaint, you may be entitled to additional damages.
In fact, Massachusetts provides strong protections for workers by allowing those who successfully prove a wage violation to recover triple (treble) damages and attorney’s fees. This means if your employer owes you $2,000 in wages, they may be ordered to pay you $6,000, plus legal costs.
Employers Cannot Use Tax Reporting as a Weapon
Threatening to report a worker to the IRS or immigration authorities as a way to avoid paying earned wages or to discourage a wage complaint is retaliation, and it is unlawful. Both the Massachusetts Wage Act and the Fair Labor Standards Act (FLSA) prohibit employers from retaliating against workers who exercise their legal rights, including asking about or demanding unpaid wages.
If an employer threatens to report you for taxes or immigration status because you asked about unpaid wages, you may have grounds to file a retaliation claim in addition to a wage complaint. Massachusetts law allows for triple damages and attorney’s fees in both wage theft and retaliation cases.
Common Wage Violations Affecting Undocumented Workers
Undocumented workers are often vulnerable to wage violations, especially in industries like construction, landscaping, cleaning, restaurant work, and domestic services. Common violations include:
- Paying below the minimum wage
- Not paying for all hours worked (e.g., off-the-clock work or meal breaks not taken)
- Failing to pay overtime for extra hours
- Making illegal deductions for uniforms, equipment, or housing
- Paying in cash but not keeping proper records
You do not need to have pay stubs or written proof to bring a claim. Testimony, time records, text messages, or witness statements can all be used to prove your case.
You Can Hire an Attorney and File a Wage Complaint
If you believe your employer has not paid you properly, you can take legal action—even if you are undocumented. An experienced employment attorney can help you file a claim with the Massachusetts Attorney General’s Office or bring a lawsuit in court to recover unpaid wages and penalties.
Your immigration status is not a barrier to filing a wage claim, and your attorney is required to keep your information confidential.
Talk to a Massachusetts Employment Attorney Today
Every worker in Massachusetts deserves to be paid fairly for their labor—regardless of immigration status. If you are undocumented and have not been paid the wages you’ve earned, don’t let fear keep you from asserting your rights. Contact us and speak with a knowledgeable Massachusetts employment law attorney to discuss your situation confidentially and explore your legal options for recovering fair compensation.