Contact Centro de los Derechos del Migrante, Inc. about workplace and recruitment problems. CDM can assess your situation, recommend the best course of action, and accompany your case throughout the process. CDM never charges workers for services.
- By phone in the United States: 1-855-234-9699
- By phone in Mexico: 01-800-590-1773
- By email to firstname.lastname@example.org
There are several resources available to workers in Mexico who want to verify offers to work in the U.S. on an H-2A or H-2B visa, report recruitment abuses or find out more about the H-2 visa programs.
- For step-by-step tips on how to avoid fraud in recruitment, read this article from contratados.org.
- To check if the company apparently offering you work in the U.S. has a pending application for H-2A or H-2B visas, contact the U.S. Consulate in Monterrey by phone at 01-800-108-4724 or email visasMTR@state.gov.
- To receive a general information about the H-2 visa program, call the Servicio Nacional del Empleo (SNE) in Mexico at 01-800-841-2020.
- To request an inspection of a recruitment agency or recruiter, contact the Secretaría de Trabajo y Previsión Social (STPS) by phone at 55-3000-2700 extension 5388 or email email@example.com. Note that to request an STPS inspection, you must know the recruiter’s physical address.
- To find out if a Mexico-based recruiter is registered with the government, check the registry on this website maintained by the Secretaría de Trabajo y Previsión Social (STPS). Note that although recruiters should be registered with the government, this does not guarantee that they will respect workers’ rights.
- To report discriminatory practices in recruitment, call the Consejo Nacional para Prevenir la Discriminación in Mexico at 01-800-543-0033 extension 5418.
If you think you aren’t being paid for all your hours worked, are being paid less than minimum wage or less than the wage promised in your contract, you may have the right to recover back wages.
- To report underpayment of wages: call the U.S. Department of Labor, Wage and Hour Division (WHD): 1-866-487-9243, or find the number for your local WHD office here.
- Many U.S. states have minimum wage rates higher than the federal minimum of $7.25 per hour. To find the minimum wage in your state, click here.
- If you are an H-2A worker, or a U.S. worker employed alongside H-2A workers, you have the right to pay at least the “Adverse Effect Wage Rate” (AEWR), the minimum wage for these agricultural workers. Find the AEWR in your state here.
- To find the rate promised in your H-2A or H-2B contract, search for your employer on the U.S. Department of Labor’s public job registry.
Dangerous Working Conditions
All workers have the right to a safe workplace. Workers whose employers provide housing have the right to clean and safe living conditions. They also have the right to tell their employer or the government about unsafe conditions without fear of retaliation.
- To report an emergency in the U.S., call 911.
- If you think you are suffering from pesticide poisoning or poisoning from other workplace chemicals, call the Poison Control Center: 1-800-222-1222.
- To anonymously report unsafe or unhealthy conditions in your workplace or employer-provided housing or to request a workplace inspection, call the Occupational Safety and Health Administration (OSHA) at 1-800-321-6742, or find contact information for your local OSHA office here.
- If you have been injured on the job, you may have a right to workers’ compensation benefits. These benefits may cover your medical expenses and part of your lost wages. Every state has its own workers’ compensation rules and requirements. To find out more, click here to find out how to contact the workers’ compensation agency in your state.
Discrimination and Sexual Harassment
Federal law protects workers from discrimination and harassment based on sex, pregnancy, race, color, national origin, religion and age over 40. Many states also have laws that provide additional protections.
- To report discrimination or sexual harassment, call the U.S. Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000, or find contact information for your local EEOC office here. Note that EEOC does not accept discrimination charges by phone, but they can get you started with the complaint process.
- If you are suffering from sexual harassment or sexual violence, call the National Sexual Assault Hotline in the U.S. for assistance at 1-800-656-4673, or use the Hotline’s online chat at https://hotline.rainn.org/es.
Federal law prohibits employers from threatening or taking action against workers who seek to protect their workplace rights. This is called retaliation. Various federal agencies investigate claims of retaliation based the type of rights the worker is trying to protect.
- For retaliation related to wage complaints, call the U.S. Department of Labor, Wage and Hour Division (WHD): 1-866-487-9243, or find the number for your local WHD office here.
- For retaliation related to “concerted activity,” steps taken by two or more workers to improve working conditions, call the National Labor Relations Board (NLRB) at 1-866-667-NLRB, or find your local NLRB office here. Note that the NLRB generally cannot help agricultural or domestic workers.
- For retaliation related to sex, pregnancy, race, national origin or other discrimination complaints, contact the Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000, or find contact information for your local EEOC office here. Note that EEOC does not accept retaliation charges by phone, but they can get you started with the complaint process.
- For retaliation related to workplace safety complaints, call the Occupational Safety and Health Administration (OSHA): 1-800-321-6742, find contact information for your local OSHA office here, or visit https://www.whistleblowers.gov/. Note that workplace safety-related retaliation complaints generally must be made within 30 days of the retaliation.