LAW ENFORCEMENT

 

If stopped by any law enforcement officer, do not make any threatening moves and obey all orders. Be polite. Keep your hands where the officer can observe them. Try to remember the officer's name and badge number.

 

Can the police stop me if they suspect that I do not have correct immigration papers?

Police can stop you if they have reasonable suspicion that you are doing something illegal or have observed you committing a violation of law. You should not be stopped solely because you “look Mexican.” If you can, ask politely, "Excuse me officer, why am I being stopped?"

 

What should I do if police stop me or arrest me?

·        You always have the right to remain silent. You do not have to talk to anyone even if you are arrested. If you decide to answer questions, know that anything you say to the police can be used against you and others, and lying to the government is a crime. You can at any point decide not to answer any more questions.

 

·        You have the right to talk to a lawyer before you answer any questions. EXERCISE THAT RIGHT!

 

·        The police can pat down the outside of your clothing if they think you might be dangerous. If they ask to conduct a further search or if they ask to search your vehicle you can say no.  Clearly state, "I do not consent to a search," but if the police decide to search anyway, do not try to stop the officer. 

 

·        If the police stop you in your car, you must have a license, vehicle registration and proof of insurance at all times when driving and provide them to the police officer. Do not make any sudden moves. Ask permission before you search your pockets or the glove compartment. If you do not have these documents tell the officer immediately and wait to be ticketed. Do not say anything more except in relation to these offenses.

 

Driving and alcohol

·        It is illegal to drive if your blood alcohol is above 0.08% if over age 21, which usually means two drinks, or 0.02% if under 21, usually less than one drink.

 

·        If you are stopped and asked to take a blood alcohol test, you can refuse to take the test at that moment and elect to take it at the police station. At the station, you can request to contact an attorney for advice.  If you refuse to take a breath, blood or urine test, or if the results of your test are above the prohibited level, your license may be suspended or revoked. 

 

What rights do I have if I am not a citizen?

·        All of the rights discussed above are rights that you are entitled to whether you are a citizen or not. As a noncitizen, you have the right to talk to a lawyer; however, you are responsible for hiring the attorney. Always have with you the name and phone number of a lawyer who will answer your telephone calls. 

 

·        The law requires that you carry immigration papers with you at all times. If you do not have these with you, you may be arrested by immigration enforcement officers, and in certain situations, by local law enforcement.

 

What if I do not speak or understand English?

·        If you do not understand English, state clearly and repeat as many times as necessary, “I don’t understand English”/ “No hablo Ingles.” DO NOT ATTEMPT TO TALK TO THE OFFICER IF YOU DO NOT UNDERSTAND WHAT HE IS SAYING. DO NOT NOD YOUR HEAD “YES,” IF YOU DO NOT UNDERSTAND. If you cannot understand, it is better to remain silent.

 

·        Only if you are arrested for a criminal violation, do you have a right to an interpreter. You always have the right to an attorney, who can provide translation services. Always have with you the name and phone number of someone who can interpret for you and a lawyer who can speak Spanish.

 

EMPLOYMENT

Does my employer have to give cigarette, coffee or lunch breaks?

There is no law that requires or regulates whether an employer MUST provide a break.

 

Can my employer require me to work more than 8 hours a day and more than 40 hours in a week?

YES. However, the employer is required by law to pay overtime compensation for any work done beyond 40 hours in a 7 day time period.

 

What if my employer does not pay me for overtime or does not record the hours actually worked?

The Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires employers to pay covered employees a minimum wage and, time and a half an employee's regular rate of pay for overtime hours.  FLSA exempts agricultural workers from overtime premium pay, but requires the payment of the minimum wage to workers employed on farms with more than seven full-time workers. Employers must keep records on wages, hours and other information. It is illegal for employers to falsify or otherwise alter records of employee wages or hours.

 

Can my employer cut my hourly paid rate of pay?

Yes, but Missouri law requires that your employer give you 30 days advance written notice of a reduction in your wages and salary.

 

Can my employer fire me, even if I was out sick?

If you have worked for at least one year, then you may be eligible for the Family and Medical Leave Act, which allows you time off if you are ill. Otherwise an employer can fire you at any time for any reason as long as it is not because of your race, ethnicity or national origin.

 

How much time off am I entitled to when I have a baby of a family member is sick?

The Family and Medical Leave Act requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.


What if my work environment is not safe?

·        Under Occupational Safety and Health Administration (OSHA) regulations, you have a legal right to ask your employer for equipment that will make your job safer. 

 

You have a legal right to file complaints with the OSHA. You do not have to give your name in the complaint.  It is illegal for your employer to retaliate against you for asking for a safe and healthy workplace or answering questions from OSHA.

 

·        You can respond to questions from an OSHA inspector and point out hazards, including telling the inspector about past accidents or illnesses and informing the inspector if your employer has temporarily eliminated hazards during the inspection. 

 

 

HOUSING

 

Do I need a written lease or rental agreement?

·        A written lease or rental agreement isn't legally required, unless you have a fixed term that is longer than one year.  It is always good to have a written agreement, signed by both landlord and tenant, in order to prevent disputes about exactly what both parties agreed to.  This fixed term binds both you and the landlord for that agreed on time period.

 

·        A written agreement should state both your responsibilities and those of your landlord. This includes who repairs broken appliances. Make sure any changes are in writing and signed by both of you.

 

·        An oral agreement is only good for month-to-month. Either you or the landlord can end the agreement at any time with only one month's written notice.

 

What if my landlord shuts off my utilities?

It is illegal for a landlord to shut off utilities, unless it is for health or safety reasons.

 

Can I share an apartment with another family?

Local zoning may prohibit two unrelated families sharing. Also, Missouri law allows only two persons per bedroom, with the exception of children born during the lease period.

 

Can my landlord evict me?

·        A landlord cannot evict you without a court order. A landlord can begin court proceedings if you damage the property, violate any of the terms in the lease, refuse to pay rent, have any drug or criminal activity, refuse to move out when the lease is up or injure the landlord or another renter. 

 

·        Not paying rent because of repairs that the landlord has not done will get you evicted.

 

·        You will get the chance to speak in court before the landlord can evict you.

 

What about my security deposit?

·        A landlord cannot ask for more than two months' rent for your security deposit.

 

·        The landlord may keep part or all of that deposit to pay for damages to the property, any remaining amount must be returned to you within 30 days.

 

·        The landlord MUST give you a list of the damages that are being deducted from your security deposit.

 

·        If you feel that the landlord is wrongly charging you for damages and taking it from your deposit, you have the right to sue.

 

What if the landlord is charging too much rent?

If you feel that your landlord is charging a higher rent, or refusing to rent to you, or falsely saying that the property is no longer available because of your race, color, religion, sex, disability, national origin or family relationship please contact local housing authorities, the Kansas City HUD Office, or the Missouri Attorney General. This is discrimination and it is illegal. 

 

What if my home becomes unsafe or unhealthy?

If your home is unsafe, you should notify your landlord immediately and detail in writing the conditions that you believe are unsafe. If your landlord fails to respond, contact the local housing authorities or the local health authorities immediately. Your landlord cannot evict you for filing a complaint.

 

HEALTHCARE

 

Am I entitled to health care if my job does not provide me with health insurance?

·        Missouri has free clinics all over the state. Contact Alianzas in Kansas City or your Regional Health Office to find the nearest one.

 

·        The law requires emergency rooms to provide you with medical care in “life threatening situations.” You must make clear to attending health care professionals why your health care need may result in loss of life.

 

What if the hospital or doctor's office asks for my identification papers?

To get medical care, you do not need to provide identification or a social security number. This includes emergency rooms, free health clinics and doctors’ offices.

 

What if I don’t speak English?

Any hospital or doctor that accepts MEDICARE must provide “meaningful access” to limited English proficient persons.  If you need help explaining your medical symptoms, ask for an interpreter. If the doctor does not understand you or you do not understand her, it can lead to a misdiagnosis.


DOMESTIC CONFLICT

 

What is Domestic Violence?

·        Domestic violence against a spouse, girlfriend or common law wife is illegal in Missouri, and the abuser will be arrested if the police are called.  This includes: hitting, kicking, slapping, throwing things, threatening physical harm (with or without a weapon), coercing someone to do something or refrain from doing something by threats or use of force, harassing (causing emotional distress by lingering at your home, peering in windows, following you, etc.), forcing or attempting to force someone to engage in any sexual act, or holding someone against their will.  Domestic violence also includes placing someone in fear of imminent serious bodily harm by threat of force. This includes threats of violence; or other conduct that would cause a reasonable person to suffer substantial emotional distress, like "I will hit you", "if you leave, I will hurt you," or "if you tell anyone, I will kill you," so long as the act actually causes substantial emotional distress. 

 

·        Children are also protected against violence, which does not include reasonable discipline. Child abuse is any physical injury, sexual abuse or emotional harm inflicted purposefully on a child by an adult household member. The abused children need not be the children of the abuser in order to file a child abuse petition.

 

How can the law help me?

·        A woman can obtain an order issued by a court restraining her husband or boyfriend from coming in contact with her. You do not need a lawyer. Someone at your local courthouse can assist you.

 

·        If the abuser has legal immigration papers and you, the abused, do not, you can still obtain a restraining order.  As the law currently stands, INS will not detain you if you do not have immigration papers and you file a legal complaint against an abuser.

 

DISCRIMINATION

 

What if I feel I have been discriminated against?

If you feel that you have been discriminated against because of your race, color, sex, religion, national origin, ancestry, age or disability it is important to file a complaint immediately with your local human rights commission or EEOC Commission.


KNOW YOUR RIGHTS AND OBLIGATIONS/

CONOZCA SUS OBLIGACIONES Y DERECHOS

 

 

 

 

 

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Prepared by:

University of Missouri-Columbia School of Law in cooperation with Alianzas and University of Missouri Outreach and Extension

 

Information provided by:

American Civil Liberties Union

Equal Employment Opportunity Commission

Immigration and Naturalization Services

Missouri Commission on Human Rights

Office of Missouri Attorney General

Occupational Safety and Health Administration

U.S. Department of Labor

http://www.dol.gov/esa/regs/compliance/whd/whdfs48.htm

 

 


CONTACT INFORMATION

 

General

Emergency - Migrant Hotline (800) 234-8848

Missouri Attorney General (573) 751-3321

ALIANZAS, Kansas City (816) 235-5840

LULAC NESC, Kansas City (816) 561-0227

MALDEF, Chicago (312) 782-1422

 

Legal

Missouri Commission on Human Rights:

Springfield  (417) 895-5620

Jefferson City  (573) 751-3325

Sikeston  (573) 472-5320

 

Legal Aid of Western Missouri (816) 474-6750

Legal Aid of Southern Missouri (800) 444-4863

 

American Civil Liberties Union (ACLU)  (212) 549-2500

 

Employment

Equal Employment Opportunity Commission (800) 669-4000

Missouri Department of Labor and Industrial Relations – Division of Labor Standards (800) 475-2130

 

Housing

Housing & Urban Development Hotline – Housing Discrimination Hotline (800) 669-9777

 

Education

National Migrant Education Hotline (800) 234-8848

 

Healthcare - Health Office Districts:

DHSS Central Office (573) 751-6001

Southwestern District Health Office (417) 895-6900

Southeastern District Health Office (573) 840-9720

Eastern District Health Office (314) 877-2800

Northwestern District Health Office (816) 350 5400

Northeastern District Health Office (660) 385-3125

 

Domestic Conflict

National Domestic Violence Hotline (800) 799-SAFE

Mid Missouri Crisis Line (888) 761-4357

Resource Center on Domestic Violence (800) 527-3223

Family Violence Clinic at University of Missouri-Columbia School of Law (800) 270-8511