Your Rights as a Worker in the U.S.

by | Sep 19, 2025 | Refugee Resources

Starting a new life in the United States is filled with challenges and opportunities, especially when it comes to employment. For Ukrainian refugees, understanding workplace rights is critical for avoiding exploitation and ensuring fair treatment. In the U.S., federal and state laws provide strong protections for workers, regardless of their immigration status. 

Fair Pay: Minimum Wage and Overtime

In the U.S., federal law requires employers to pay at least $7.25 per hour, but many states and cities have higher minimum wages.

  • For example, California mandates $15.50 per hour, New York City enforces $15.00, and Seattle requires $18.69. Employers are obligated to follow the highest applicable wage law in your area, so knowing the rules in your state or city is critical.

If you work over 40 hours a week, federal law entitles you to overtime pay, which is typically 1.5 times your regular hourly wage. Employers cannot avoid paying overtime by asking you to work “off the clock” or refusing to track extra hours.

For workers in tipped positions, such as restaurant servers or bartenders, the rules differ slightly. Employers can pay a lower base wage, but your total earnings, including tips, must equal or exceed the minimum wage. If your tips don’t bring you to the legal minimum, your employer must cover the difference. This ensures that tipped employees are never underpaid.

Your Right to a Safe Workplace

The law requires all employers to provide a safe and healthy workplace. This includes providing safety equipment, offering training in a language you understand, and ensuring that your work environment is free from recognized hazards.

  • Examples of unsafe workplaces could include exposure to harmful chemicals, dangerous machinery, or poorly maintained facilities without proper emergency exits. The Occupational Safety and Health Administration (OSHA) enforces workplace safety laws and ensures employers comply.

If you feel unsafe at work, you can file a confidential complaint with OSHA. This process is open to all workers, regardless of immigration status, and your employer cannot legally retaliate against you for reporting safety concerns. Taking action protects not only you but also your coworkers from potential harm.

Freedom from Harassment and Exploitation

In the United States, federal law protects workers from harassment and exploitation in the workplace.

  • Harassment includes unwelcome behaviour that creates a hostile or intimidating environment, such as offensive comments, unwanted physical contact, or actions targeting your race, gender, religion, national origin, sexual orientation, or disability. This can range from slurs and inappropriate jokes to more subtle behaviors that make you feel unsafe or uncomfortable.
  • Exploitation occurs when employers violate your rights, such as withholding wages, denying overtime pay, or coercing you into unsafe or unfair working conditions. Some employers may also use intimidation tactics, such as threatening job loss or legal consequences, to discourage you from reporting violations—a practice that is illegal.

If you experience harassment or exploitation, document all incidents carefully, noting dates, times, and details. Employers are prohibited from retaliating against employees who report misconduct. You can file complaints with the Equal Employment Opportunity Commission (EEOC) or other relevant agencies to address these issues. Reporting helps protect not only yourself but also your coworkers, ensuring a safer and more respectful workplace for everyone.

Your Right to Unionize and Negotiate

Workers in the United States are protected under the National Labor Relations Act (NLRA), which gives you the right to form or join a union and advocate for better working conditions.

  • Unionizing enables you and your coworkers to collectively bargain with your employer for higher wages, improved benefits, or safer working conditions. By working together, employees have greater power to negotiate than they would individually.

Employers are legally prohibited from retaliating against workers who participate in union activities, such as organizing, attending meetings, or advocating for unionization. If an employer takes actions like firing, demoting, or cutting hours in response to union activities, you can file a complaint with the National Labor Relations Board (NLRB).

Even if you are not part of a union, you and your coworkers have the right to negotiate directly with your employer to address workplace issues like wages, safety, or schedules. This type of collective action, known as concerted activity, is also protected by law.

Reporting Violations

If your rights are violated, you have several options to seek help and ensure justice is served.

  • Wage-related issues, such as unpaid overtime, withheld wages, or miscalculated pay, can be reported to the U.S. Department of Labor.
  • Unsafe workplaces, including those with hazardous conditions or inadequate safety measures, should be reported to the Occupational Safety and Health Administration.
  • Complaints about discrimination or harassment based on race, gender, religion, or other protected characteristics can be filed with the Equal Employment Opportunity Commission. All these agencies are tasked with enforcing labour laws and holding employers accountable.

Filing a complaint is a confidential process, and government agencies will not ask about your immigration status during investigations. This means that even if you are undocumented, you are protected when reporting violations.

Before filing a complaint, gather as much evidence as possible. This includes pay stubs, timecards, work schedules, emails, or any written communications related to the issue. If you’re reporting harassment or unsafe conditions, document incidents with dates, times, and descriptions of what occurred. Having strong evidence not only strengthens your case but also helps investigators take swift and effective action.

Legal Resources and Support

Free and low-cost legal assistance is available for workers who need help navigating workplace issues. Organizations like the Legal Services Corporation (LSC) and the National Employment Law Project (NELP) provide resources and guidance on employment rights. Immigrant advocacy groups, such as the National Immigration Law Center (NILC), specialize in supporting refugees and undocumented workers.

Local worker centres and community organizations also offer assistance, often providing multilingual services to ensure that language barriers don’t prevent you from accessing help. Many of these organizations operate on a sliding fee scale or offer completely free services, making them accessible even if you’re struggling financially.

Tips for Navigating the U.S. Workplace

1. Familiarize Yourself with Labor Laws: Understanding both federal and state labour laws is critical to protecting your rights. Federal laws set the minimum standard, but many states provide additional protections, such as: higher minimum wages, mandated paid sick leave and stricter overtime rules.

2. Keep Detailed Records: Maintaining accurate records is one of the most effective ways to protect yourself. Track your: hours worked, including overtime, pay stubs and payment history, employment contracts or agreements and correspondence with your employer about workplace concerns.

3. Know Your Workplace Policies: Most employers have written policies on workplace behaviour, harassment, safety procedures, and reporting issues. Familiarize yourself with these policies and know who to contact within your company, such as the HR department or a supervisor, if problems arise.

4. Seek Support Early: If you encounter workplace issues, act quickly. Reach out to trusted resources such as: community organizations, worker advocacy groups, and government agencies like OSHA, the DOL, or the EEOC.

5. Build a Support Network: Connecting with coworkers and local worker support groups can provide both emotional and practical assistance. A support network can help you share concerns, learn from others’ experiences, and navigate workplace challenges more effectively.

Understanding your rights as a worker in the U.S. is a powerful tool for building a secure and fulfilling future. By knowing the laws that protect you, you can ensure fair pay, demand safe conditions, and advocate for respectful treatment. If you face challenges, remember that you are not alone. Many organizations and resources exist to support you, regardless of your immigration status or financial situation. Take advantage of these protections to build a successful life in your new home.

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