Employment Rights
If you work in the United States, you have rights to fair pay and respectful treatment, no matter where you were born or what papers you hold.
Also available in اردو, हिन्दी, বাংলা, and ਪੰਜਾਬੀ.
Three things to know
If you only read one section, read this one.
Your employer must pay you for every hour you worked, even if you are undocumented or paid in cash.
It is illegal for your employer to fire, demote, or threaten you for asking about pay or reporting harassment.
Courts can accept your own notebook of hours as evidence when an employer kept poor records.
What does the law say?
The rules, in everyday words.
You must be paid a minimum wage, plus overtime
The Fair Labor Standards Act, the main federal pay law, sets a minimum wage of $7.25 per hour and gives most workers extra pay, time and a half, after 40 hours in a week. Many states set higher wages.
Break rules vary by state
Federal law does not require meal or rest breaks, but many states do. Short breaks your employer does give, usually under 20 minutes, must be paid. Check your state labor department for local rules.
Harassment and discrimination at work are illegal
Title VII, a federal civil rights law, bans workplace discrimination based on sex, pregnancy, race, religion, or national origin. Sexual harassment counts. The EEOC, the government agency for job discrimination, handles complaints.
These protections do not depend on immigration status
Wage and anti-harassment laws protect you whatever your immigration status. It is also illegal for an employer to punish or fire you for complaining, which the law calls retaliation.
What can I do next?
- 1Write down your hours starting today Keep your own record of the days you work, start and end times, breaks, and what you are paid. A small notebook or a notes app on your phone works well.
- 2Save pay stubs and work messages Keep pay stubs, schedules, and any texts or emails about your hours, pay, or treatment at work. Store copies somewhere outside your workplace, like your personal email.
- 3Check the minimum wage where you live Look up your state's minimum wage on dol.gov or your state labor department website. If your state's wage is higher than the federal $7.25, you are owed the higher amount.
- 4Report pay problems to the Department of Labor If you are owed wages or overtime, call the Wage and Hour Division at 1-866-487-9243. The call is free, confidential, and help is available in many languages.
- 5Contact the EEOC about harassment or discrimination You can start a complaint, called a charge, online at eeoc.gov or by phone at 1-800-669-4000. Deadlines can be as short as 180 days, so it helps to start early.
Who can help for free?
Real people, no cost, and interpreters are available when you ask.
U.S. Equal Employment Opportunity Commission (EEOC)
Federal agency that takes complaints about workplace harassment and discrimination, free of charge.
Department of Labor, Wage and Hour Division
Helps recover unpaid wages and overtime, free, confidential, and open to workers of any immigration status.
LawHelp.org
Finds free legal aid offices near you, including help with employment problems.
National Human Trafficking Hotline
24/7 confidential help if an employer controls, threatens, or forces you to work. Interpreters available.