Julio 18, 2022
Is your employer withholding your first week’s wages? Cheques de fondo are illegal in the United States. Here, we explain what cheques de fondo are and how they affect your rights.
Have you heard of the cheque de fondo? The cheque de fondo is the practice by which employers withhold a worker’s wages from their first pay period for the duration of a job. Presumably, workers can get their money back upon completion of their labor contracts. This is completely illegal in the United States.
Many employers retain their workers’ wages in this manner, but the practice can harm workers in many ways. For example, if you don’t get your first week’s pay, then you may not be able to pay for food and other necessities or send money home to your family during that time. It can also make it harder for you to leave an abusive work situation if you don’t have the money you need in order to leave. In this way, withholding wages discourages workers from leaving their jobs early, even though quitting your job is your right in the United States.
Keep in mind that U.S. law doesn’t let employers keep cheques de fondo. Under federal wage law, workers are generally guaranteed both the right to a minimum wage for hours worked and to prompt payment for the work they do. In other words, workers have the right to be paid on time for all the hours that they work, including those carried out during the first week on the job. Withholding your first week of pay until the end of a season, or withholding it completely, violates the law. This is true whether you are in the U.S. on a temporary work visa, or even if you don’t have legal immigration status.
There are certain additional protections for H-2A and H-2B workers. These protections state that employers must pay their workers at least every two weeks, and that the employees must actually receive their promised wages when due.
Even if you left your job early for any reason, you have not necessarily forfeited your cheque de fondo, and it may be possible to get those wages back. If your employer withheld your first paycheck, or if you have further questions about your labor rights, please contact Centro de los Derechos del Migrante, Inc. Our team can assess your situation and recommend a course of action. Our services are always completely free and confidential. Please contact us:
From the United States: 1-855-234-9699
From Mexico: 800-590-1773
By email: [email protected]
Imágen: Flickr/Tyler Ingram 2008/Vía Flickr.com
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