In the USA, everyone should be treated fairly in the workplace. You have certain rights to protect you at work. Employers must follow laws or they will be fined or punished. Learn about workers’ rights in the USA.
The USA has workers’ rights laws that say how much money you must make. There are also laws about how many hours you can work and how your employer treats you. Your employer must provide a safe and healthy place for you to work.
The federal government makes laws for the whole country. The state governments make laws in their states. The federal government and every state have a set a minimum wage. The minimum wage is the lowest amount that employers must pay their employees. The federal minimum wage is $7.25 per hour. This means that any employer anywhere in the United States must pay you at least $7.25 per hour. You can learn more about workers’ rights and pay in many languages.
State minimum wage
Sometimes the state minimum wage is higher than the federal minimum wage. For example, the states of California and Arizona both have a minimum wage of $11.00 per hour. In these states, employers must pay workers the higher amount. You can find the minimum wage in your state.
Minimum wage and tips
Tips are money from customers to thank you for your service. Tips are not included in the cost of service or the tax amount. If you work in a restaurant or in a job where you receive tips of more than $30 a month, then you can be employed as a “tipped employee.” Tipped employees must be paid at least $2.13 per hour plus their tips. Tips must be more than $5.12 per hour so that you are still earning the federal minimum wage of $7.25 ($2.13 + $5.12 = $7.25).
There are some restaurants that include the tip in the bill. When you are hired, your boss will tell you the rules about tipping. You can read more about the rules for tipped employees here.
In some countries, men and women are paid differently. However, US laws don’t allow this. If you are doing the same job as a co-worker, you must be paid the same. You should also get the same overtime pay, vacation hours, and bonuses. Employees should only get more if they are in different positions or do more in the same position. They can also be paid more if they have better skills or more experience in the field they work in.
Discrimination laws encourage employers to hire people from different backgrounds and to treat everyone the same. It is illegal for an employer to NOT hire you because of:
- disability: having physical problems or an illness
- age: being 40 or older
- national origin: where you come from
Injuries can happen to you while you are working. If you get hurt while working, it is very important to tell your manager right away. You also need to find a doctor to treat your injury. Workers’ compensation laws can protect your rights to have treatment. Some of your treatment and wages could be paid for by your company.
Right to privacy
Your company is not allowed to look at your personal things. Your purse, bags, storage lockers, and briefcases are only for you. If you receive mail that has your name on it, your manager is not allowed to read it.
If you use a computer for work, your boss is allowed to look at your emails. If you use a phone, some companies are allowed to listen to your phone calls and messages. This is different for every company. You should never say or write negative things about your company.
Unfair termination means that you got fired for an illegal reason. If you think that you lost your job because of discrimination, a work injury, or harassment, you should think about talking to a lawyer. There are lawyers who help people with workers’ rights. You can find free and affordable lawyers who help immigrants and refugees.
If you think illegal things are happening in your workplace, tell your employer. If your employer is not able to help, write down what is happening. You may need this information later.
Your employer must make sure your workplace is safe and without hazards. Hazards are things that can harm you, such as chemicals or unsafe tools or equipment. Sometimes, your job requires you to do something unsafe. For example, a construction worker might have to climb up on tall buildings. Under the law, employers have to tell you about the potential dangers at the workplace. They also have to train you in a language that you understand. If you feel or see something is unsafe that your manager does not know about, tell them. Find information about safety rights at work.
The information on this page comes from the US government and other trusted sources. It is intended for guidance and is updated as often as possible. USAHello does not give legal advice, nor are any of our materials intended to be taken as legal advice. If you are looking for a free or low-cost lawyer or legal help, we can help you find free and low-cost legal services.