Workers’ rights

Everyone working in the U.S. has the right to minimum wage, overtime, a safe workplace, and protection against discrimination. Most of these rights apply regardless of your immigration status. This page explains 2026 minimum wages (federal and states with large Turkish populations), overtime rules, workplace safety, where and how soon to file safety and discrimination complaints, and at-will employment.

• Federal minimum wage: $7.25 per hour (since July 24, 2009).
• State laws may provide greater protection. Since employers must comply with both rules, the higher rate is paid in practice.
• Example states (general hourly rates):
  • New York: $17.00 in New York City, Nassau, Suffolk, and Westchester; $16.00 in the rest of the state
  • New Jersey: $15.92; $15.23 for employers with fewer than 6 employees
  • California: $16.90
  • Texas: $7.25 (federal rate)
  • Florida: $15.00 (since September 30, 2026; through December 31, 2027)
  • Illinois: $15.00 (employers with 4 or more employees)
  • Massachusetts: $15.00
• Some cities and counties have minimum wages higher than the state rate. Check the labor department of the state where you work.
• In New Jersey and California, the rate is updated annually using a formula.

• An employee who receives more than $30 in tips per month is considered a “tipped employee.”
• Under federal rules, the employer pays at least $2.13 per hour in cash wages. The maximum tip credit is $5.12 per hour.
• If the total of tips and wages does not reach the minimum wage, the employer pays the difference.
• Managers and supervisors may not take employees’ tips.
• Florida: the direct cash wage for tipped employees has been $11.98 per hour since September 30, 2026.
• Many states require higher cash wages.

• For every hour exceeding 40 hours in a workweek, you must be paid at least 1.5 times your regular rate.
• A workweek is a fixed and regularly recurring 168-hour period (7 days). It does not have to be the same as the calendar week.
• Hours from two or more weeks cannot be averaged. If you work 50 hours one week and 30 the next, you receive 10 hours of overtime for the first week.
• Working on Saturday, Sunday, or a holiday does not automatically count as overtime under federal rules.
• You cannot waive your right to overtime by agreement.
• Some jobs listed in the law are exempt from overtime. If you are unsure whether your job is exempt, ask the Wage and Hour Division (WHD).
• Write down the days and hours you work and the wages you receive in a notebook.

• The U.S. Department of Labor’s Wage and Hour Division (WHD) handles minimum wage, overtime, and visa-program wage rules.
• WHD enforces the law regardless of the worker’s immigration status.
• Complaints are confidential. Your name and the existence of a complaint may not be disclosed.
• Your employer may not retaliate against you for filing a complaint or helping with an investigation.
• Final paycheck: federal law does not require immediate payment of the final paycheck when you leave a job. Some states do. If the final payday has passed, contact WHD or your state labor department.
• Unpaid leave (FMLA): If you have worked for at least 12 months and at least 1,250 hours in the last 12 months for a private employer with 50 or more employees, and there are at least 50 employees within 75 miles, you may have the right to up to 12 weeks of unpaid, job-protected leave in a 12-month period. Birth, adoption, a serious illness, and caring for a close family member are among the qualifying reasons. Your group health insurance continues during the leave.

• Your employer must keep the workplace free from known hazards.
• Your rights:
  • workplace safety training in a language you understand
  • safe machines and necessary protective equipment
  • refusing work that would put you in danger
  • requesting an OSHA inspection and speaking with the inspector
  • reporting a workplace injury or occupational illness and obtaining a copy of your medical records
• Safety complaint: online, by phone, mail, fax, or email; orally or in writing, in any language. You may complain without giving your name; someone else may file on your behalf. OSHA cannot issue penalties for incidents more than 6 months old; report the hazard as soon as you notice it.
• Retaliation complaint (whistleblower): If you were fired, reassigned, or otherwise retaliated against because you complained to OSHA, file a complaint within 30 days after the retaliation. The deadline is up to 180 days under some other laws.

• EEOC (Equal Employment Opportunity Commission): handles discrimination in applying for or performing a job based on race, color, religion, sex (including pregnancy and childbirth-related conditions), national origin, age (40 and older), disability, or genetic information.
  • National-origin discrimination: different treatment because you come from a particular country, have an accent, or belong to a particular ethnic group. Frequent and severe jokes about an accent or origin may also constitute harassment.
  • For national-origin discrimination, the employer must have at least 15 employees.
  • Deadline: 180 calendar days from the incident. If a state or local agency enforces a law on the same issue, the deadline is 300 days. Weekends and holidays count.
  • Filing: first submit an initial inquiry through the EEOC Public Portal and have an interview; then file a formal charge.
  • A complaint filed with a state agency is also considered filed with the EEOC if federal law applies.
• IER (Immigrant and Employee Rights Section of the Department of Justice):
  • citizenship-status or national-origin discrimination in hiring, firing, or recruitment
  • unfair document requests during I-9 and E-Verify
  • retaliation and intimidation
  • Deadline: 180 days. It protects people who have work authorization.
• For wage shortages, contact WHD; for visa fraud, contact the relevant USCIS unit.

• In every state except Montana, employment is “at-will.” Both the employer and employee may end the employment relationship at any time and for any reason.
• But the reason cannot be illegal. Examples:
  • discrimination based on race, sex, age (40 and older), national origin, disability, or genetic information
  • retaliation because you reported illegal or unsafe practices
  • being fired for refusing to perform illegal work
• Exceptions to the at-will rule: employees working under a signed contract, employees covered by a union collective bargaining agreement, and public-sector employees.
• If your visa is tied to your job (such as an H-1B), see 2.4 Work visas for the effect of leaving your job on your status.
• Each state administers unemployment insurance itself; see 5.11 Job search.

• Wage and Hour Division (WHD) — minimum wage, overtime, final paychecks, FMLA
  • Phone: +1 866 487 9243 (1-866-4-US-WAGE)
• OSHA — workplace safety
  • Phone: +1 800 321 6742 (1-800-321-OSHA) or your local OSHA office
• EEOC — discrimination
  • Phone: +1 800 669 4000; TTY +1 800 669 6820; video relay service +1 844 234 5122
  • Email: info@eeoc.gov · Filing: EEOC Public Portal
• IER — citizenship-status and document discrimination
  • Worker hotline: +1 800 255 7688; employer hotline: +1 800 255 8155
  • Address: Immigrant and Employee Rights Section, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW (4CON), Washington, DC 20530
  • Fax: +1 202 616 5509
• For suspected forced labor or human trafficking, see the hotline on the 2.4 Work visas page.

• Assuming that an undocumented or unauthorized worker has no right to wages; WHD does not consider immigration status.
• Calculating overtime using the average of two weeks.
• Signing a written agreement saying “I do not want overtime”; this right cannot be waived.
• Missing the 180-/300-day deadline for EEOC, the 180-day deadline for IER, or the 30-day deadline for OSHA retaliation.
• Failing to record work hours and payments.
• Using the federal $7.25 rate instead of the state minimum wage.

• Does my immigration status affect my complaint? WHD enforces the law regardless of immigration status. If you are concerned about your status, consult an immigration attorney; see 12.6 Finding an attorney.
• My boss is not promoting me because of my accent. This may be national-origin discrimination. If the employer has 15 or more employees, you may contact the EEOC.
• I was fired without cause. Is this legal? In an “at-will” relationship, an employer may end the employment relationship at any time, as long as the reason is not illegal. Your signed contract, union agreement, or state laws may provide different rights. If you suspect discrimination or retaliation, contact the EEOC or OSHA.
• I worked on Saturday. Will I receive overtime? Not under federal rules if you did not exceed 40 hours for the week.
• Can I file an OSHA complaint in Turkish? Yes. Complaints may be filed in any language.

• State minimum wage table (DOL)
• Overtime fact sheet (DOL)
• WHD complaint page
• OSHA online complaint
• OSHA retaliation complaint
• EEOC Public Portal
• IER complaint form
• Rights of temporary workers – information in Turkish