Workers’ rights in the USA

Labor laws

The U.S. Department of Labor (DOL) enforces labor standards and laws that protect workers from unsafe or unfair treatment. States and cities have their own rules. Employers must follow all federal, state, and local laws.

Basic rights for all workers

No matter who you are or where you are from, you have the right to:

Earn at least the minimum wage
Work in a safe and healthy environment
Be free from discrimination or harassment
Receive overtime pay for extra hours
Take medical or family leave if you qualify
Join or form a union to improve your workplace
Report unsafe or unfair treatment without being punished for speaking up

Workers in certain industries and young workers have different rights. Undocumented workers have most of the same rights as other workers. Even if you do not have a work permit, you are still protected by labor laws.

Pay and working hours

Minimum wage

The federal minimum wage is $7.25 per hour. Many states and cities require higher pay. Employers must pay whichever amount is higher.

Tipped workers

If you earn tips (for example, in restaurants or salons):

Employers must pay at least $2.13 per hour in wages.
Your total pay (wages + tips) must equal at least $7.25 per hour.

Overtime

If you work more than 40 hours a week, you must be paid 1.5 times your regular pay for extra hours.

Work hours and breaks

There is no federal limit on how many hours adults can work, but:

Some states have rules about maximum hours or required rest breaks.
Workers under 18 have extra protections, especially during the school year.

Taking leave

You may qualify for up to 12 weeks of unpaid leave per year if your employer has 50 or more employees. This is when you do not work during major life events such as:

Birth or adoption of a child
Caring for a sick family member
Recovering from a serious illness

There is no federal law requiring paid vacation or sick leave, but some states or cities do. Employers must follow any benefits they promise in writing.

Contact your local WHD office for more information about wages and hours.

Equal treatment and discrimination

It is illegal for your employer to treat you unfairly based on:

Race or color
National origin (where you are from)
Religion
Age (40 or older)
Sex, sexual orientation, or gender identity
Disability or pregnancy

Employers cannot:

Refuse to hire or promote you
Pay you less for the same work
Harass you or fire you unfairly

Men and women must be paid equally for the same job.

Workplace safety

Your employer must keep your workplace safe and free of hazards. They must:

Provide training in a language you understand
Offer safety equipment (like gloves, helmets, or masks)
Tell you about chemicals or other dangers

Skip to section on reporting problems and violations to learn how to report discrimination or unsafe conditions.

Injuries and workers’ compensation

If you get hurt or sick because of your job:

Tell your employer right away.
Get medical care.
You may qualify for workers’ compensation, which helps pay for treatment and lost wages.
Contact your regional worker liaison if you need more information about safety and health.

In most states, undocumented workers also qualify for workers’ compensation.

Employment and immigration status

You have the right to work free from threats or fear, even if you are not a citizen.

When applying for a job:

If you do not have a Green Card, U.S. citizenship, or another status that automatically allows you to work, you may need a work permit (EAD card) to show you are allowed to work.
Employers must check that you are authorized to work using Form I-9.
You choose which documents to show from the list on the Form I-9. Employers cannot ask for specific ones.
Employers cannot say no to hiring you just because you do not have a Social Security Number. If you have documents that show you can work, that is enough.
Employers may use the Social Security Number Verification System (SSNVS) to check that your name and number match. They can only do this after you are hired or added to payroll, and they must tell you if there is a mismatch.
Employers may ask to see your work papers again later to make sure they are still valid. They cannot use this to treat you unfairly or target you.
You still have most workplace rights even if your immigration status changes or you lose your work authorization later.

Be ready for ICE

Learn what to do if immigration officers come to your workplace. Know your rights and how to stay safe.

Get prepared

Termination and unemployment

Most workers in the U.S. are “at-will” employees. This means your employer can fire you, or you can quit, at any time, for almost any reason.

They cannot fire you:

Because of discrimination
For reporting unsafe or unfair conditions
For participating in union activities

You may qualify for unemployment insurance if you lose your job and it was not your fault. It is temporary money that helps you pay for basic expenses while you look for work. You must have permission to work in the U.S. to get these benefits.

If you believe you were fired illegally, talk to a workers’ rights lawyer or your local EEOC or NLRB office.

Privacy and employer monitoring

Your employer may monitor:

Work emails, computer use, or internet activity
Company phones and vehicles
Work storage spaces

Your employer cannot open your personal bags, mail, or belongings. These rules may vary by company, so check your employee handbook.

Health and religious accommodations

If you have a health problem, disability, or religious belief that affects your work, you can ask your employer to make changes that help you do your job.

Examples include:

Adjusting your work schedule for prayer
Getting assistive equipment or modified duties

Learn more from the EEOC or your state disability rights office.

LGBTQ+ and disability protections

Workers with disabilities and LGBTQ+ workers have specific protections under U.S. law, regardless of your immigration status.

Workers with disabilities: You have the right to equal treatment, accessibility, and reasonable accommodations at work.
LGBTQ+ workers: It is illegal to be fired, harassed, or denied promotions because of sexual orientation or gender identity.

Learn more about disability rights and LGBTQ+ rights.

Joining or starting a union

You have the right to join, form, or support a union. A union is a group of workers who come together to:

Negotiate for better pay and benefits
Improve safety
Protect workers from unfair treatment

You do not need to be a U.S. citizen or have a work permit to join or form a union. Your employer cannot punish you for union activity.

Reporting problems or violations

You have the right to speak up if your employer breaks the law, no matter your immigration status. You should not be fired or punished for reporting. If they do, you can file a whistleblower complaint to protect your rights.

Start by reporting to: