Must all employees, including foreign workers, be paid minimum wage?

I have been employed at a warehouse for some time now which also

employs foreign workers, mostly from China. Recently, I found out that some

of these workers are paid roughly $4/hr. I am very curious to know if there

is any law, particularly some immigration law/loophole for temporary

workers, which could allow an employer to pay wages so clearly below the

federal minimum wage?

Asked on September 11, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there is no immigration loophole for temporary or foreign workers. Assuming that they are eligible or legal to work here, they must be paid at least minimum wage--and if they are not legal to work there, they should not be working at all. If they are eligible to work in this country but are not receiving minimum wage, they should contact the department of labor to file a complaint.


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