Your Rights at Work

What you can do today

Start writing down your hours. Keep a small notebook or a note on your phone with the date, start time, end time, and breaks for every shift. Save pay stubs and any texts or messages about your schedule. Good records are the most useful tool a worker can have, and they cost nothing.

You have a right to be paid for all hours worked

The federal Fair Labor Standards Act (FLSA) covers most workers in the United States, whatever their immigration status. Under the FLSA:

• You must be paid at least the federal minimum wage for every hour you work. Many states and cities set a higher minimum.
• If you work more than 40 hours in a week, most workers must be paid overtime: one and a half times your regular rate for the extra hours.
• Time spent setting up, cleaning up, or waiting at the job site when required usually counts as work time.
• Tips belong to the worker, with limited exceptions for tip pools.

An employer cannot pay you less because of your status, and cannot refuse to pay wages you already earned. The U.S. Department of Labor’s Wage and Hour Division (WHD) enforces these rules and does not ask about immigration status when you file a complaint.

You have a right to a safe workplace

The Occupational Safety and Health Administration (OSHA) requires employers to provide a workplace free of serious hazards. You have the right to:

• Receive safety training in a language you understand.
• Get required protective equipment at no cost to you.
• Ask OSHA to inspect your workplace, and to keep your name confidential.
• Report an injury without being punished.

You have a right to be free from discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws against discrimination based on national origin, race, color, religion, sex, age, or disability. This includes harassment about your accent or where you come from. “English-only” rules are allowed only when there is a real business need. Employers with 15 or more workers are covered by most EEOC rules.

How to file a wage complaint

1. Gather your records: hours, pay stubs, and your employer’s name and address.
2. Contact the WHD by phone or online. Help is available in Spanish and many other languages.
3. WHD may investigate and can recover unpaid wages for you. There is no fee.
4. It is illegal for an employer to fire or punish you for filing a complaint.

Many states also have their own labor departments that handle wage claims, sometimes faster.

State laws may give you more

States and cities often add protections: higher minimum wages, paid sick leave, meal breaks, and rules on final paychecks. When state law is more generous than federal law, the more generous rule applies. Check your state labor department’s website.

Important

This page is general information, not legal advice. It cannot tell you what to do in your own situation. If you have questions about your job, your pay, or how a complaint could affect you, talk to a licensed employment attorney, a workers’ rights organization, or a DOJ-accredited representative. Laws and agency procedures change, so check the dated sources listed above for the most current information.