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Your rights at work in the US
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About
Who this is for
Anyone working in the US — especially newer immigrants, who are more vulnerable to wage theft and exploitation.
Your core rights (federal floor — your state/city may give more)
- Minimum wage + overtime — you must be paid at least the applicable minimum wage (federal, or the higher state/city one) and generally overtime (time-and-a-half) for 40+ hours/week in covered jobs (FLSA). Wage theft — not paying you what you earned — is illegal.
- A safe workplace — employers must provide reasonably safe conditions; you can report hazards (OSHA).
- No discrimination/harassment — based on national origin, race, religion, sex, age, disability, etc. (Title VII / EEOC). Being Nepali/an immigrant is not a lawful basis to treat you worse.
- Protection from retaliation — it's generally illegal for an employer to punish you for reporting wage theft, unsafe conditions, or discrimination — including threatening your immigration status to silence you.
If something's wrong
- Keep your own records — hours worked, pay received, what you were promised (a notebook or photos of your schedule + pay stubs). Records win wage cases.
- You can report wage theft (US Department of Labor / your state labor office), unsafe conditions (OSHA), or discrimination (EEOC) — often confidentially, and protections against retaliation apply.
- Get help — worker centers, legal-aid organizations, and unions help workers (including immigrants) enforce these rights, often for free.
Frequently asked
Do these rights apply if I'm not a citizen / am out of status?
Many core protections (wage, safety, anti-discrimination) apply regardless of immigration status — an employer can't legally use your status to deny earned wages or a safe workplace. The details are nuanced — talk to a worker-rights advocate about your situation.
My boss is paying me less than minimum / not paying overtime — is that legal?
Usually not (in covered jobs). Keep records and contact the DOL/your state labor office.
My employer threatened to report me if I complain — is that allowed?
Using immigration status to retaliate is itself generally unlawful — get advice from a worker center / attorney.
Cash job — do I still have rights?
Being paid in cash doesn't remove wage + safety rights (and you still have tax obligations).
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