Whether you are documented or not, you are protected by
most federal and state
labor laws.
You are entitled to:
A minimum wage of $5.15 an hour (various states have
various minimum wage requirements — in New York
it is $5.15 though there is a campaign to push for the
minimum wage to be raised to $7.10. Connecticut —
the minimum wage is $7.10 and in Massachusetts it is $6.75
)
Payment for all the hours you worked
Payment of wages in US dollars once a week
Over-time pay of 1 and a 1/2 times your regular hourly
wage for every extra hour you work over 40 hours in a
week if you live out and 1-1/2 times your hourly wage
for every extra hour you work in a week if you live in
One hour additional pay at the minimum
wage for any day in which you work more than 10 hours or
there is a split shift.
Benefits
If you work more than 40 hours a week for the same employer,
you have the right to Workers’ Compensation which
pays for your medical bills and lost wages if you get injured
on the job and miss work.
If you are documented and have earned at least $2,400 in
the previous year at an
average of $123 per week, then you may be eligible for Unemployment
Insurance if
you leave your job for a good cause or are fired.
Abuse and Harassment
It is illegal for your employer to:
Employer’s Threat to Report You to BCIS
False Promises of a Green Card
-
Your employer may offer to take care of
your immigration matters. Do not
take your employer’s word for it. Consult an immigration
attorney on your
own.
-
Often employers’ say that they will
sponsor you for a green card, it can
take as long as 15 years to obtain a green card as a domestic
worker. If
you leave your employer while you are waiting, you will
have to begin the
procedure again.
-
Your employer does not have the right
to withhold your earnings for more
than 7 days after the end of the pay period.
-
Whether you are documented or not, you
have a right to be free of abusive behavior, including
unwanted physical or sexual contact.
Some Government Resources
For Basic Wages/ Hour please check
US Dept. of Labor/ Wage and Hour Division
26 Federal Plaza, Suite 3700
New York, NY
Tel 212-264-8185
Workers Compensation
Workers Compensation insurance provides cash benefits and
/or medical care
for workers who are injured or become ill as a direct result
of the job.
The Brooklyn serves most of NYC.
Brooklyn District Office
180 Livingston Street
Brooklyn, New York 11248
Tel 718- 802-6600
|