Coming to the United States on a temporary work visa can bring exciting opportunities, but it is also important to know that you have rights while you are here. These rights protect you from unsafe conditions, unfair treatment and mistreatment at work, regardless of your immigration status.
Understanding what you are entitled to can help you speak up, ask questions and protect yourself if something doesn’t feel right. Here are some of the key rights and protections every temporary worker should know about.
You have the right to be paid fairly
As a temporary worker, you must be paid at least the federal minimum wage. In some states and cities, the minimum wage may be higher, and you are entitled to that higher amount. If you work more than 40 hours a week, you may be entitled to overtime pay at one and a half times your regular rate. Your employer must give you a clear pay statement showing your wages and any deductions, which must be legal and authorized.
You have the right to a safe and healthy workplace
Your employer is required to maintain a safe working environment and must provide you with training in a language you understand. You should receive free protective equipment if your job involves risks. If you are injured or become ill from your job, you have the right to medical treatment and, in many cases, workers’ compensation.
You can leave unsafe or abusive jobs
If you feel unsafe or mistreated, you do not have to stay in the job. While leaving your job may affect your visa status, in some cases you may qualify for a new visa or temporary protection if your employer is being investigated for labor violations.
You have protection from discrimination and harassment
Your employer cannot treat you unfairly based on your race, age, religion, national origin, gender, disability or other protected traits. You also have the right to be free from physical, verbal or sexual harassment at work.
Knowing your rights is the first step to protecting yourself. If you believe your rights have been violated, seeking legal guidance can help you understand your options and take appropriate action.
