April 16, 2024
Learning my labor rights as a worker in the United States. The right to an hourly wage.
In the United States, there are federal laws that determine that minimum or fair wage that a person working in the U.S. should receive, however, many states and cities also have local laws and regulations that establish a minimum wage for the people who work in that area. It is important to learn more about wages and how they relate to hours worked.
Wages and hours worked
If you work in the United States, you have the right to receive a payment for every hour worked, regardless of your immigration status or if you work with a visa. Get to know your wage according to the type of visa, industry, and state where you are working:
The Federal Minimum Wage is: $7.25 dollars per hour, this amount is defined by the federal laws of the whole country and is the minimum that an employer can pay you for every hour of work in the United States.
The State or Local Minimum Wage: This wage is defined by state or local laws, in many places in the U.S. this wage is higher than the federal minimum wage. At this link, you can see the minimum wage that corresponds to each state.
The Current Special Wage: This wage is only for people who work with temporary H-2 visas, and it depends on the state and the industry. People with H-2 visas have the right to the salary shown in their contract or job order.
We know that employers use different methods to pay people who work with them, however, it doesn’t matter if you work per hour, per piece, or per contract, the wage that you should receive should at least be the federal minimum wage for each hour worked. Keep in mind that if you work with an H-2B visa, you have the right to receive payment for extra hours worked (overtime). In most of the United States, overtime is considered to be extra hours worked beyond 40 hours worked per week. In that case, for every extra hour worked, you should receive payment equal to one-and-a-half times what you make for every regular hour worked. For example: if your regular wage is 10 dollars per hour, your overtime wage should be 15 dollars per hour.
Remember that the overtime wage does not apply for people who work with an H-2A visa, unless you work in a state that has an overtime law for farmworkers. But, an H-2A visa does have other guarantees.
Recommendations:
If you have an H-2 visa, your employer should pay you at least once every two weeks and give you a pay stub that reflects the wage you receive and describes the total hours worked, the total net wage for hours worked and any deductions, if they apply.
Do you have questions about the wage you’re receiving? Every case is different, so to learn more about a particular situation, you can always contact our team to receive free advice about your rights. Centro de los Derechos del Migrante, Inc. (CDM) is your ally in defending your rights and seeking justice. Call from the United States at 1 855 234 9699, from Mexico at 800 590 1773, or write to us at covid-chat.org. Know and defend your rights.
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