When you work, you expect to get paid, but expectations don't always hold true when you're the smallest fish in the big pond of the construction industry.

A class action lawsuit filed on behalf of Austin workers alleging wage theft is waiting to be heard in Federal Court.

Undocumented immigrants, like Felix Jimenez, are often the targets. You may not agree with the way he entered the country, but once here, federal and state labor laws apply equally to Jimenez as they do anyone else.

"We're all human. We're the same before God's laws," he said.

Jimenez said he's speaking out despite fears of deportation, because wage theft is too big of a problem to keep quiet.

He alleges an area roofing company owes him $4,600. That’s money he's needed for three months.

"Some nights I can't sleep because I'm thinking about the bills that I'm not paying," Jimenez said.

News 8 is not naming the company because it's still negotiating with Jimenez, but the owner said he didn't understand how an illegal immigrant could claim protections under U.S. laws.

Attorney Allen Cooper said he hopes to enlighten employers.

"The law is very clear," he said. "The obligation to pay is completely independent of immigration status."

Cooper volunteers for the Workers Defense Project. A recent survey done by the advocacy group found one in five Austin construction workers reported not being paid during a two month period.

"It is a crime, just like it would be a crime to walk out from a dinner and not pay, just like it’s a crime if you hire a taxi and they drive you to your destination, and you hop out the back," Cooper said.

Harry Savio of the Home Builders Association of Greater Austin said he agrees wage theft is "rank behavior," but he doubts it happens as frequently as advocates claim.

"If you look at the volume of activity, even in the down market, there are 6,000 houses a year being built in this metropolitan area," Savio said. "I hear of this happening two or three times a year."

Jimenez said it does happen two or three times a year, to him alone. Yet for his family, he continues to load his tools into his truck every day, hoping to earn an honest day's wage.

The U.S. Labor Department's Wage and Hour Division is charged with investigating wage theft. The Texas Payday Law also allows victims to put a lien on properties they worked on without receiving due pay.