Must all employees, including foreign workers, be paid minimum wage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 7 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.