U.S. workers, including green-card holders, are covered by federal rules on minimum wage, overtime (1.5 times pay after 40 hours for most non-exempt jobs), workplace safety and protection from retaliation and discrimination. State rules can be stronger. You can complain to the Department of Labor, OSHA or the EEOC. Benefits vary by employer.
People who come to the United States for work often hear stories of long hours and unpaid wages, and the people who target job seekers sometimes rely on workers not knowing their rights. This article gives a plain overview of the main protections that apply to most workers in the U.S., including permanent residents. It is general information only, not legal advice. Rules differ by state, by industry and by job type, so check the details for your situation.
Your rights do not depend on who sponsored you
Once you are working in the United States, the main federal workplace laws protect you whatever your immigration status or nationality. Being sponsored by an employer does not give that employer the right to pay you less than the law requires, to make you work unpaid hours, or to threaten your status as a way of controlling you. A green-card holder is also free to change jobs, although it is wise to ask an immigration attorney about any particular concern before doing so.
Minimum wage and overtime
- Federal minimum wage: under the Fair Labor Standards Act (FLSA), the federal minimum is $7.25 per hour at the time of writing. Please check the Department of Labor's current figure.
- State minimums vary: many states and cities set higher minimums. You are entitled to the higher of the federal and local rates.
- Overtime: most non-exempt employees must be paid at least 1.5 times their regular rate for hours over 40 in a workweek. Some roles are exempt, usually salaried management or professional jobs, but a job title alone does not make someone exempt, and being paid a salary does not automatically remove overtime rights.
- Records: keep your own notes of the hours you work and your pay slips. They are very useful if there is ever a dispute.
The sponsoring employer must also pay at least the prevailing wage stated in your case. See how wages are set and how to read a listing.
Workplace safety
Employers must provide a workplace that is free from recognised serious hazards under the Occupational Safety and Health Act. In practice this includes safety training in a language you understand, protective equipment where needed, and safe procedures for lifting, machinery, chemicals and hot kitchens. You can report an unsafe workplace to OSHA, and you have the right to do so without being punished for it.
Retaliation and discrimination
It is against federal law to fire, demote or punish a worker for making a complaint about wages or safety, or for taking part in an investigation. Employers also may not discriminate on the basis of race, colour, national origin, sex, religion, age or disability, among other protected grounds. Complaints about discrimination go to the U.S. Equal Employment Opportunity Commission (EEOC), and deadlines for filing are strict, so act promptly.
Where to complain or get help
| Problem | Who to contact |
|---|---|
| Unpaid wages, minimum wage, overtime | U.S. Department of Labor, Wage and Hour Division (and your state labour agency) |
| Unsafe conditions | OSHA, part of the Department of Labor |
| Discrimination or harassment | EEOC |
| Questions about your immigration case | An immigration attorney |
Services are available in several languages, including through interpreters. You can also seek help from a local legal aid organisation.
Benefits depend on the employer
Federal law does not require employers to give paid holidays or paid vacation, and rules on sick leave vary by state and city. Health insurance, retirement plans and paid leave differ from employer to employer, so ask what is offered and from when, and get the answer in writing. We cannot tell you what a specific employer pays or provides. Before accepting an offer, read our guide on telling a real employer from a scam. You are also welcome to read other families' experiences or contact us with questions.
Official sources
- U.S. Department of Labor, Wage and Hour Division: Fair Labor Standards Act
- U.S. Department of Labor, Wage and Hour Division: Overtime Pay
- U.S. Department of Labor, Wage and Hour Division: State Minimum Wage Laws
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