It is illegal for an employer to knowingly hire a worker who is undocumented and unauthorized to work in the U.S. Employers must verify the identity and employment eligibility of all employees hired after November 6, 1986. To do this, all employees must fill out an "I-9 form" and provide some documentation proving their eligibility to work in the U.S. However, if an undocumented worker is hired by an employer, that worker has many of the same rights as other workers. This includes the right to be paid minimum wage and overtime, the right to workplace safety and health protections, and the right to organize to improve work conditions.
For restaurant owners and workers
ROC-NY (the Restaurant Opportunities Center of New York) and the Mayor’s Office of Immigrant Affairs collaborated to distribute a manual for restaurant owners.
This easy-to-read manual describes laws and codes that affect owners and workers.