Many Brazilians arrive in the US and accept informal work, paid in cash and without a contract, out of need or through a referral. It is important to understand the risks to your status and, at the same time, to know that some labor laws protect all workers.

The risk to your status

Working in the US requires authorization, and the rule applies even if the employer is based abroad. For an F-1 student, for example, off-campus work is only allowed with specific authorization, such as CPT or OPT. Working without authorization can lead to losing your visa, problems with future applications and, in some cases, a bar on returning to the country for three or ten years. Before accepting an offer, confirm what your work authorization is and whether it covers that kind of job. See how the F-1 visa works.

What the law still guarantees

According to the Department of Justice and other sources, federal labor laws protect workers regardless of immigration status:

  • Minimum wage. The federal minimum is $7.25 an hour, and many states and cities set a higher rate. The employer must pay the higher one.
  • Overtime. Above 40 hours a week, pay must be 1.5 times the regular hourly rate in most jobs.
  • Pay for work already done. According to the Department of Justice material, a person who worked is always entitled to be paid for work already performed, even without authorization.
  • Safety. The employer must keep the workplace free of hazards and provide training and protective equipment.
  • Protection from retaliation. According to the Department of Justice material, an employer may not report a worker to immigration authorities in response to a wage complaint.

In some cases rights are more limited for people without authorization. For example, there may be no right to pay for time not worked or to reinstatement. A labor attorney can assess your case.

Warning signs

  • Always paid in cash, with no receipt or pay stub.
  • A promise to pay "at the end of the month" that never comes.
  • Threats to report you if you complain (see more in how to protect yourself from reports and extortion).
  • Deductions for housing, transportation or an "agency fee" you did not understand.
  • Working long hours with no overtime pay.

How to protect yourself

  1. Write down the days, the hours and the agreed pay, and keep messages and photos.
  2. Ask for proof of payment whenever possible.
  3. Talk first to the employer or HR. If that does not solve it, contact an agency:
    • Wage and Hour Division (Department of Labor): pay and hours.
    • OSHA: dangerous working conditions.
    • EEOC: discrimination.
  4. Look for free or low-cost legal help from immigrant support organizations. These services are open to everyone, regardless of status.

The safest path is always a work authorization. Read the documents you need to get when you arrive.

Sources