Wage theft remains a persistent threat for immigrant workers. Here's what they should know

For immigrant workers in New York City, wage theft remains one of the most common forms of workplace exploitation. Labor advocates and government officials say workers are often denied legally required wages, paid off the books or discouraged from reporting violations because they do not know their rights or fear retaliation, particularly as the threat of President Donald Trump’s federal immigration enforcement looms.

The problem has appeared repeatedly in investigations by the New York City Comptroller's Office, which enforces prevailing wage laws on public works projects. Several recent settlements involved immigrant workers, including a Department of Parks and Recreation contractor accused of paying wages in cash far below the legal rate determined by prevailing wage laws while submitting falsified payroll records indicating workers had been paid properly.

"This is common in immigrant communities where workers don't know their rights, where they're afraid to come forward," Claudia Henriquez, assistant comptroller for labor law, told The Chief.

Henriquez said investigators have encountered cases in which employers exploit workers' vulnerabilities, including alleged threats directed at family members in workers' home countries to discourage them from reporting violations.

Knowing your rights

One of the biggest obstacles facing immigrant workers is a lack of information about workplace protections, Henriquez said.

Many immigrant workers in the city know they are entitled to minimum wage but may not realize they also have rights to overtime pay, paid sick leave, workers' compensation benefits and protection from retaliation. Others may understand their rights but not know where to seek help.

"There are different tiers of barriers," Henriquez said. "Starting with limited information, then where to go once you have that information, and then finally, do you feel comfortable doing so?"

To help address those barriers, the Comptroller's office has expanded multilingual outreach efforts and publishes educational materials in more than a dozen languages. The office also maintains an immigrant worker resource guide that connects workers with legal aid organizations, social service providers and information about employment rights.

The office employs bilingual staff and conducts outreach through community events and informational sessions aimed at reaching workers who may be disconnected from government services.

What to do if wages are stolen

Workers who believe they have been underpaid should document as much information as possible, including hours worked, wages received, job locations and the names of supervisors or contractors, Henriquez said.

Workers on public projects covered by prevailing wage laws can file complaints directly with the Comptroller's Office. After a complaint is submitted, investigators generally contact the worker within one or two weeks to conduct an initial interview and explain the process.

Importantly, Henriquez noted, workers' names are not automatically disclosed beyond the investigation team. 

"We actually don't disclose any worker names as part of our investigation process," Henriquez said. "When we investigate cases, we investigate the entire workforce or the whole contract, not the individual."

That approach allows investigators to review payroll records and employment practices across an entire worksite while helping protect workers' anonymity.

Protection against retaliation

Federal and state labor laws prohibit employers from firing, demoting or retaliating against workers for reporting wage violations. 

"The laws that we enforce don't make any distinction between immigration status," Henriquez said. "If you worked and you didn't get paid, you're still entitled to the wages that you earned."

Construction remains the industry where the Comptroller's office sees the greatest number of prevailing wage violations, though Henriquez said delivery work and home healthcare are also sectors where immigrant workers frequently face exploitation.

She urged workers who believe they have been underpaid to seek assistance from the Comptroller's office, a union, a worker center or a legal aid organization.

Investigations that begin with a single complaint often uncover broader patterns of wage theft affecting entire crews or workplaces, resulting in recovered wages for multiple workers.

Speaking about future trends of prevention, Henriquez added that the city's gradual shift toward digitized payroll and record-keeping systems may help investigators identify discrepancies and fraud more quickly. Comparing records submitted to contracting agencies with those later provided during investigations can reveal evidence of underpayments and other violations.

"Sometimes they're different, and then we can spot fraud that way," she said.