Federal laws protect all American workers regardless of their immigration status, or whether they are temporarily working in the country.
The United States has a collection of labor laws that protect workers who work in the country. There are government agencies and departments such as the Department of Labor, the Equal Employment Opportunity Commission (EEOC), or the Occupational Safety and Health Administration (OSHA), which are charged with protecting workers.
All workers in the United States, regardless of their status as an undocumented immigrant, temporary worker, citizen, Deferred Action recipient, Green Card holder, or citizen, have the right not to be discriminated against on the basis of race, color, religion, sex, or sexual orientation. , gender identity, nationality, age, pregnancy, or for any other reason.
In addition, they have the right to receive fair and equitable payment according to the work they perform. Likewise, they have the right to report any act of discrimination to the corresponding authorities.
OSHA for its part is dedicated to promoting and protecting the safety and health rights of workers. For example, it is a right that workers perform their tasks in a safe environment free from health hazards. Of equal importance is the right to receive proper workplace training in a language they understand.
In this sense, the rights of temporary non-immigrant workers who work in agricultural and non-agricultural sectors must be respected by their employers and co-workers.
For example, both temporary workers with H-2B visas, for temporary employment in non-agricultural sectors, and temporary agricultural workers with H-2A visas are entitled to:
- Receive written information on your wages, hours of work, working conditions and benefits of the available vacancy in a timely, formal and accurate manner.
- Receive your salary at least once every two weeks.
- Receive information before applying for and obtaining your visa.
- As OSHA mentions, they have the right to receive the corresponding information in a language they understand.
- Regarding transportation, workers with H-2B visas must receive a reimbursement that covers transportation, meals, lodging and visa fees to get to the workplace.
- This type of visa must cover lodging expenses during your temporary stay in the country, as well as three daily meals.
Likewise, it is important to keep in mind that employers of temporary foreign workers cannot ask them to work outside geographic areas or places not established in the initial offer.
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