America is a country that has embraced cultures from all over the world. People from various countries come to the US in hope of a stable future. But, unfamiliarity with US laws puts their rights in jeopardy. It is common for immigrants to be unaware of their wage related rights or to be fearful or threatened by an employer since they are “out of status.” Even if you’re out of status you are entitled to overtime pay, and the courts have very strict laws prohibiting retaliation.
It is crucial to know about their overtime and salary related privileges, so that they do not fall victim to wage theft.
Generally, immigrant workers enter the country with visas that include –
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D-1
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E-3
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H-1B, H-1B1, H-1C
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H-2A, H-2B
Many American companies also employ foreign employees to work for them. They need to pay their immigrant workers fairly according to the laws.
What are the wage rules for immigrants?
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It is necessary for firms to pay their foreign employees the prevailing wages. This is the average salary paid to similarly hired individuals in a certain occupation in the region of employment. However, this rule is only applied to individuals with H-2B and D-1 visa.
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In case of H-1B and H-1B1 visa holders, company requires to pay more than prevailing payments. Or, one should receive actual payments given by company to other employees with akin skills or qualifications (the higher one).
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In the case of H-2A visa holders, firms need to pay the highest of prevailing rate or minimum wages determined by either state or federal law. According to the regulations, one cannot withhold or deduct any amount from these employees’ payments.
All these laws and rules ensure that immigrant workers are safe from injustice when it comes to salaries. Many states’ minimum wages differ from federal regulations. However, in most conditions, the higher wage applies. In addition, the FLSA (Fair Labor Standards Act) applies to both foreign and domestic workers and entitles the worker to a premium for overtime if you work 40 hours in a workweek.
Every worker (whether national or immigrant) has the right to fair wages. If you have fallen victim to wage theft, then you must consult with an unpaid overtime and payment lawyer. An experienced attorney can assist you in getting your fair payments along with the damages (if applicable). The initial call to the lawyer is free and confidential, and the overtime attorney can explain how it is unlawful for the employer to retaliate regardless of your immigration status.
Wage Warriors 