WORKER'S RIGHTS AND PROTECTIONS
H-2 visa workers are entitled to certain rights and protections to ensure fair and ethical treatment during their employment in the United States. It's essential for both employers and workers to understand and uphold these rights
1
Your Right to Be Paid Fairly
You have the right to be paid for all your work. Here are key points related to your wage rights:
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You have the right to earn at least the federal legal minimum wage for most jobs.
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If you are on an H-2A visa, you have the right to be paid the Adverse Effect Wage Rate.
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After working 40 hours a week, you may be entitled to overtime pay which is one and half times your hourly wage. For instance, if your regular wage is $10 per hour, your employer may be obligated to pay $15 for each hour worked beyond 40 in a week.
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If your employer makes deductions from your paycheck, they must clearly specify each deduction. Illegal deductions that leave you with less than the legally required wage rate are generally not permitted. Employers typically cannot deduct for uniforms, safety equipment, required tools, supplies, equipment, or recruitment fees. Housing must be provided free of charge for certain visa categories.
Note:
The employer must compensate the employee for travel and daily subsistence incurred during the journey from their original location to the workplace, provided the worker completes at least 50 percent of the employment period specified in the job order. The employer is also responsible for return costs, after the employer has completed the job order period or has been dismissed for any reason.
For H-2A: The employer must either provide three meals a day or provide convenient cooking and kitchen facilities where workers can prepare meals.
2
Your Right to Be Free from Discrimination
It is illegal for your employer to discriminate against you at the workplace based on your age, gender, race, national origin, ethnicity, color, religion, genetic information, or disability. Specifically, your employer cannot treat you unfavorably due to your status as a woman or your pregnancy, nursing, or potential for pregnancy
3
Your Rights to Be Free from Sexual Harassment and Sexual Exploitation
Your employer is prohibited from engaging in sexual harassment. This includes refraining from making any inappropriate comments of a sexual or gender-based nature. Furthermore, it is against the law for your employer to sexually exploit you, which encompasses actions such as demanding sexual acts, engaging in inappropriate touching, and compelling or coercing you into performing any sexual act through force or deception.
4
Your Right to a Healthy and Safe Workplace
As a worker in the United States, you are entitled to a workplace that ensures your safety and health. This includes the following rights:
Medical Treatment: You have the right to report any injuries or illnesses related to your work to your employer. If you suffer an injury or fall ill during work, you are permitted to seek medical treatment. In most instances involving work-related injuries or illnesses, your employer is obligated to provide free medical treatment and compensate for a portion of the wages lost during your recovery. This often involves filing for workers' compensation in the state where you are employed.
Protective Equipment: If your job involves working with or around hazardous substances like pesticides or chemicals, your employer is required to cover the costs and provide the necessary protective equipment for the task, such as respirators or gloves.
Training: You have the right to receive comprehensive information and training regarding workplace hazards, preventive measures, and the applicable safety and health standards. This training should be conducted in a language and manner that you can easily understand.
Housing: If your employer offers housing, it must meet cleanliness and safety standards. You should also have the freedom to leave the housing during non-working hours.
Bathrooms: Adequate, clean, and accessible bathroom facilities should be provided, and you should have unrestricted access to them as needed.
Potable Water: You are entitled to receive clean drinking water in the workplace.
Soap and Clean Water: You have the right to wash your hands as necessary with soap and water, particularly after handling pesticides or chemicals, including those used on fruits and vegetables.
Medical Emergencies: If you incur expenses due to a work-related injury or illness, it's important to promptly inform your employer so that the necessary paperwork can be filed. While seeking medical attention, request copies of relevant paperwork regarding your condition.
Additionally, if you work with or around pesticides or dangerous chemicals:
Chemical Awareness: You have the right to know and understand the chemicals you are working with, and your employer is obligated to provide paid training on workplace chemicals.
Notification of Pesticide Use: Your employer must inform you of where and when pesticides were sprayed and specify when it is safe to re-enter treated areas to prevent accidental exposure. Avoid being in areas where pesticides are being applied.
5
Your Right to Request Help from Union, Immigrant, and Labor Rights Groups
In general, you have the freedom to collaborate with your colleagues to request enhancements in your pay or working conditions, with only a few exemptions. Additionally, most workers possess the right to establish, join, and endorse a union within their workplace. During non-working hours, you are permitted to participate in public speeches, rallies, and demonstrations advocating for improved wages or better working conditions at your job. It's crucial to note that you retain these rights irrespective of your immigration status, and your employer is prohibited from retaliating against you for exercising these rights.
6
Your Right to Leave an Abusive Employment Situation
The primary concern is for you to prioritize your safety if you are experiencing abuse. It's important to know that you are not obligated to endure mistreatment from your employer, and you have the option to leave your job.
While leaving your employer might impact the validity of your visa, there could be possibilities to change your visa status or employer. This might require leaving the United States temporarily. Even if your visa is no longer valid, support is available once you separate from your abusive employer.
Whether you are currently employed or have left your job, you have the option to lodge a formal complaint or initiate legal proceedings against your employer. If your employer takes adverse actions or retaliates against you for taking such measures, they are in violation of the law.
ADVERSE EFFECT WAGE RATES
If you are an H-2A worker you have the right to be paid the "Adverse Effect Wage Rate" (AEWR)
The Adverse Effect Wage Rate (AEWR) is a federally mandated minimum wage requirement specifically established for employers who hire temporary agricultural workers under the H-2A visa program in the United States.
The U.S. Department of Labor determines the AEWR for each state and region based on the prevailing wage rates for similar agricultural work in that area. Employers must pay H-2A workers the higher of the AEWR or the prevailing wage rate to prevent the depression of wages in the agricultural sector. The AEWR is designed to maintain a level playing field for all agricultural workers and promote fair labor practices within the H-2A program.