You have some rights and protections as a foreign worker in the U.S. to protect you from abuse by your employer regardless of your age, gender, sexual orientation, race, ethnicity, color, or religion.
However, your employer may want to take advantage of you if they think you’re unaware of these rights and protections.
For this reason, it’s important for you to know your rights as a foreign worker in the U.S. to be able to lawfully live and work in the country without anyone taking undue advantage of you.
Your Rights As a Foreign Worker
As a foreign worker in the U.S., you have the right to be paid fairly; to be free from discrimination; to be free from sexual harassment and sexual exploitation; to have a healthy and safe workplace; to request help from union, immigrant, and labor rights groups; and to be free to leave an abusive employment situation.
I’ll now take a look at these rights under the following subheadings:
Right to Be Paid Fairly
- It’s your right to be paid for your work.
- It’s your right to receive at least the federal minimum wage for most jobs.
- It’s your right to earn more than the federal minimum wage if you work in a place with a higher minimum wage, or if your contract or visa program requires a higher amount.
- It’s your right to be paid for overtime if you work for more than 40 hours per week.
- It’s your right to know the reasons for any deductions made by your employer from your paycheck.
The Right to Be Free from Discrimination
- It’s your right to be treated equally by your employer regardless of age, sex, race, ethnicity, or religion.
- It’s your right to be treated equally if you’re a woman, regardless of whether you’re pregnant, nursing a baby, or may become pregnant.
Rights to Be Free from Sexual Harassment and Sexual Exploitation
- It’s your right not to be sexually harassed by your employer.
- It’s your right not to be sexually exploited by your employer, either by demanding sex; touching you sexually; or forcing, tricking, or coercing you to have sex.
Right to a Healthy and Safe Workplace
- It’s your right to receive free medical treatment from your employer for work-related injuries or illnesses.
- It’s your right to ask your employer to provide you with the protective equipment required for your job where necessary.
- It’s your right to receive information and training about any hazards associated with your work.
- It’s your right to be given clean and safe housing where one is available.
- It’s your right for your employer to grant you access to clean bathroom facilities.
- It’s your right to receive clean drinking water.
- It’s your right to wash your hands as needed with soap and water depending on the type of work you do, especially after handling pesticides or chemicals or vegetables treated with these substances.
- It’s your right to know about the chemicals you’re working with if you’re working with or around pesticides or dangerous chemicals.
- It’s your right to be told by your employer where and when pesticides are sprayed in your workplace and when it’s safe to re-enter a treated area.
Right to Seek Assistance from Unions, Immigrant Rights Organizations, and Labor Rights Organizations
- It’s your right to join your colleagues to ask for a pay raise or improved working conditions.
- It’s your right to form, join, and support labor unions in your workplace.
- It’s your right to attend demonstrations, public speeches, and rallies in support of higher wages and better working conditions at your workplace.
The Right to Leave an Abusive Employment Situation
- You may be able to seek safety if you’re being abused by your employer.
- You may be able to leave an abusive employer.
- You may be able to change your visa status or employer, although your visa will no longer be valid if you leave your employer.
- You may be able to file a formal complaint or lawsuit against your employer.
The Bottom Line
If you’re a foreign worker, you may be enjoying your job in the U.S. However, things may begin to take a dive if you fall into the wrong hands and your employer begins to underpay you, make unauthorized deductions from your paycheck, discriminate against you, harass or exploit you sexually, subject you to poor working conditions, and threaten you if you dare speak up. But don’t worry. Help is on the way. A good immigration attorney can help you if you think your employer has violated your rights.