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.

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