What are the rights of employees under the Immigration Reform and Control Act?
The Immigration Reform and Control Act (IRCA) was passed in 1986 and is meant to protect certain rights for employees in West Virginia. Under the Act, employers must verify the identity and employment eligibility of all new hires, and cannot discriminate against any employee or job applicant based on their national origin or citizenship status. In addition, employers are not allowed to hire someone who is not authorized to work in West Virginia or the United States, and must comply with all federal and state laws regarding the hiring of undocumented workers. Furthermore, employers must provide all new hires with a notice of their rights under IRCA and must display a poster issued by the Department of Labor in areas accessible to employees. Additionally, employees are protected from deportation or deportation-related retaliation, meaning employers cannot fire or intimidate any employee based on the employee’s immigration status. Employers who violate the IRCA can be held accountable for their actions, which may include fines or other penalties. Finally, employees are entitled to receive their earned wages which cannot be withheld by their employer or changed by them. Employers must pay employees the wages they were promised at the agreed-upon rate, regardless of their immigration status. Employees also have a right to receive wages on time and can file a wage claim if their employer fails to do so.
Related FAQs
Are employees entitled to be paid for overtime worked?Can an employer require an employee to work overtime?
Are there any federal laws that apply to employment?
Are employers allowed to ask job applicants about their military service?
Can employers track employee emails and internet usage?
Are employers allowed to ask job applicants about their criminal records?
What is the Family and Medical Leave Act (FMLA)?
Are employers allowed to require employees to attend training sessions?
Are employers allowed to videotape their employees?
What are the rights of an employee who is being laid off?
Related Blog Posts
Employment Law Overview: What Employers Need to Know - July 31, 2023Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023