Workers' Rights Handbook

Know Your Rights

1.   The right to workers' compensation.  When you are injured or become ill at work you can apply to receive part of your wages and coverage for your injury or illness-related medical expenses.

2.   The right to be paid a minimum wage of $5.15 an hour (except in the case of minors).

3.   The right to be paid overtime for any week in which you work more than 40 hours.  Overtime is 1 1/2 times your regular wage. 

4.   The right of two or more workers to act together to try to improve their workplace is called concerted activity.  You do not have to be in a union to have this right.  Firing or mistreating workers who engage in concerted activity is ILLEGAL.  If you have a complaint to make to your employer, protect yourself by going with at least one other worker to complain together. 

5.   The right to a work place free of discrimination.  It is illegal to discriminate based on race, national origin, sex, age, language, religion, or disability.  In Philadelphia, you cannot be discriminated against because of your sexual orientation.  If you are fired, demoted, harassed, or given worse work assignments than others because of your race, sex, disability, etc., you can take legal action against your employer.

6.   Someone may try to tell you that you do not have these rights because of a new U.S. Supreme Court decision about undocumented workers.  There is a new case but it does not take away any of your rights on this list. 

There are some exceptions to the above rules.  There are also time limits for protecting your rights.  If you think any of your rights have been violated, talk to a lawyer as soon as possible. 

Undocumented Workers Have Rights

The U.S. Department of Labor handles complaints of workers' rights violations.  It has an agreement with the Immigration service (INS) to not give any information it has on your immigration status to the INS. 

Talk to a lawyer to know your rights.  The Immigration laws are hard to understand and many changes are being proposed because of the events of September 11. 

·If you are approached by the INS, do not answer any questions, even questions you think are harmless (like "where were you born?") and do not sign any papers.  You have a right to remain silent and a right to talk to a lawyer.  You do not have the right to a government appointed lawyer so always carry with you the name and telephone number of a lawyer who will take your calls.

·Even if you are a lawful permanent resident, the government can decide to take away your green card (like immigration violations or breaking the law), so it is important to your legal rights to become a U.S. citizen as quickly as you can. 

Taxes

·If you or your dependents cannot get a valid Social Security Number to use on your tax returns, you can use an Individual Taxpayer Identification Number (ITIN) instead of a Social Security Number.  You and your dependents can each get an ITIN number by filling out a Form W-7.  Be aware that getting an ITIN in order to file taxes is not the same as having a valid SSN.  Never give your ITIN to an employer. 

·The Earned Income Tax Credit is a government program that lets some low-income workers get money back from the IRS.  If you were undocumented for the whole year for which you paid taxes, you do not qualify for the EIC and should not apply.  Also in order to be claimed for the EIC, children must have lived in the US with the person filing for the credit for more than six months.  To find out if you qualify, talk to a tax professional. 

·You do not have to pay anyone to prepare your taxes!  Look for free tax preparation services in your area starting in late January and early February.  And be careful of disreputable tax preparers.

Wages

·The minimum wage for anyone working in the US, whether you are documented or undocumented, is $5.15 an hour. Deductions that take you below $5.15 may not be allowed.

·The normal work week is 40 hours.  If you work more than 40 hours, every hour after that you should make 50% more of your wages.  For example, if your wage is $6/hour, if you work more than 40 hours, you should make $9/hour for those overtime hours.  (Most agricultural workers, managerial workers, and some other workers do not have to be paid overtime).

·Your employer can pay you in cash.  But every time you get paid you must get a pay statement that shows how many hours you worked, how much was deducted in taxes, and how much you earned in wages.  It is illegal in Pennsylvania for your employer to not give you a pay statement, even if you have not requested it.

·There are exceptions in the minimum wage law for people who earn tips or work by piece.  However, regardless of how much you earn in tips or by the piece, your employer still must guarantee you at least $5.15/hour in pay. 

·If you make less than $5.15/hour, or are not paid overtime, you can sue your employer for back wages.  You may be able to get double the amount he/she owes you. 

· Your employer must pay you your promised wage on time, at least twice a month.  Paying you late is illegal.  If your employer is late in paying you, or is paying you less than was promised, you can take legal action. 

There are exceptions to some of these rules.  Check with a lawyer if you have a wage problem.  You can, contact the Pennsylvania Department of Labor and Industry at (215) 560-1858 or 1-800-932-0665.  You can contact the U.S. Department of Labor at (215) 597-4950.  If you are undocumented you should have legal representation to protect your rights.

·If you work through a temporary employment agency or labor contractor, keep track of each of the places you are assigned to work.

·The companies you work at may be joint employers responsible for payment of your wages.

·If you do not know the full name of a labor contractor you work through at least keep track of the license plate number of any vehicle he/she uses.

The government provides unemployment compensation to give financial assistance to most workers who are unemployed through no fault of their own.  The government keeps track of your work history through your social security number.  If you are not a US citizen and are not authorized to work, you cannot get unemployment compensation. 

·If you are fired or quit your job, your eligibility for unemployment compensation depends on exactly why you were fired or quit.  Seek help right away from a legal services agency. 

·The longest you can receive full benefits is 26 weeks.  The amount of payments is different for everyone, because the government calculates the amount by looking at your previous 15 months of employment, wages and taxes. 

·To apply for unemployment compensation in Pennsylvania, call 888-313-7284 or 215-856-6990.  Or apply by internet:  https://www.pauc.state.pa.us/Welcome.asp

·An interpreter is supposed to be provided if you need one.  If you call to make your claim, have someone who speaks English call and explain that you need language interpretation.  You can also request that your future claims be filed by mail instead of calling in your claims by phone.

·You should apply for unemployment compensation immediately after you stop working.  There is no time limit for applying, but the longer you wait to apply, the longer you will have to wait to get paid and you will not be paid for the time that you waited to apply.  The timeliness of your application can also affect the amount of your payment. 

·If you get a notice in the mail about your unemployment compensation, read it carefully.  There are deadlines.  If you do not understand the notice, get it translated. 

·If your wages have been paid in cash, you should still be able to receive unemployment compensation as long as you have a social security number and tax records or other proof of your wage and employment history. You should get legal assistance.

In the last few years the Social Security Administration (SSA) has started sending letters to employers when wage reports (called W-2s) contain names and Social Security numbers that do not match SSA records.  These letters have caused some confusion for workers and for employers.

· Sometimes names and Social Security numbers don’t match because someone made a mistake writing down a name or a number.  Sometimes they don’t match because a worker has given a false Social Security number.  But receiving a no-match letter, by itself, does not give employers notice that a worker is not authorized to work. 

· If your employer gets a SSA no-match letter, your employer should check its own records for errors, and then notify you of the no-match to give you an opportunity to check for errors.  Your employer is not required to do anything else.  If you can correct the information, you should do so.  You should consult with a lawyer if you run into this problem.

· Employers should not lay-off, fire, or threaten employees just because their names appear on the no-match letter.  If, after receiving a no-match letter, an employer singles out employees of certain ethnic groups, or singles out employees who have filed claims or organized on the job, the employer could be violating the law.  If, after receiving a no-match letter, an employer asks employees to re-verify their work authorization, the employer could be violating the law.  Contact a lawyer if this happens to you or someone you know. 

If you have a legal problem or question, and you are low-income, the following organizations may be able to help:

Community Legal Services (CLS)
1424 Chestnut St. Philadelphia, PA 19102-2505 • 215-981-3700 
walk in: Mon.-Fri. 9AM-12 PM

CLS handles employment, housing, welfare, health care and other problems. Interpretation services into many languages are available, but please call in advance if possible.

Philadelphia Legal Assistance (PLA)
42 S 15th St # 500, Philadelphia, PA 19102-2205• 215-981-3800
walk in: Mon. & Wed. 9AM-11:30 AM
phone in: Tues. & Thurs. 9:30AM-12 PM 

PLA handles unemployment compensation, medical assistance, custody, bankruptcy and other problems. Interpretation services are available, but please call in advance if possible. PLA cannot help undocumented immigrants. 

Friends of Farmworkers (FOF)
42 S 15th St, Suite 605, Philadelphia, PA 19102-2205  
• 215-733-0878 or 800-729-1607
phone in: Mon.-Fri. 10:30AM-5 PM

FOF handles employment issues mostly for people who work in agricultural, food processing and landscaping jobs. FOF handles minimum wage and wage payment problems, unsafe or unhealthy work conditions, and discrimination based on immigration status, race or sex. Spanish interpretation services are available. Interpretation services are also available for other languages, but please call in advance if possible.

Other Legal Services Programs

For information about other legal services programs in Pennsylvania go to:  http://www.palegalservices.org/links.htm

For information about legal services programs in New Jersey go to: http://www.lsnj.org/directory.htm

Private Employment Law Attorneys 

The National Employment Lawyers Association has a referral network of private employment law attorneys if you do not quailfy for free legal services programs. 

The Philadelphia Bar Association's Lawyer Referral and Information Service (LRIS) can also refer you to private attorneys with appropriate legal expertise.

If you need to find a private immigration lawyer:

American Immigration Lawyers Association
Lawyer Referral Service
Telephone: 1-202-216-2438

If you cannot afford a private immigration lawyer because you are unemployed or have limited income, contact: 

HIAS and Council Migration Service 
2100 Arch Street, 3rd Floor
Philadelphia, PA 19103
Phone: (215) 832-0900
Fax: (215) 832-0919

Nationalities Service Center 
1300 Spruce Street
Philadelphia, PA 19107
Phone: (215) 893-8400
Fax: (215) 735-9718

Catholic Social Services 
Holy Family Center
227 North 18th Street
Philadelphia, PA 19103
Phone: (215) 854-7019
Fax: (215) 854-7020

Lutheran Children and Family Service 
231 N. 63rd Street
Philadelphia, PA 19139
Phone: (215) 747-7500
Fax: (215) 747-7707

PRIME- Ecumenical Commitment to Refugees
360 North Oak Ave.
Clifton Heights, PA 19018
Phone: (610) 259-4500
Fax: (610) 259-4515 

Pennsylvania Immigration Resource Center (PIRC)
3214 East Market Street, #5
York, PA 17402
Phone: (717) 600-8099
Fax: (717) 600-8044 

The Immigration and Naturalization Services maintains a national list of organizations that have agreed to provide free or low cost assistance in immigration matters.

For a local listing of other immigration resources go to: http://www.hiaspa.org/resources.html

Making Wage Complaints

Complaints about unpaid wages in Pennsylvania may be made:

· through a lawyer, or 

· to the United States Department of Labor, Wage and Hour Division, or 

· the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance

United States Department of Labor, Wage and Hour Division
 

Philadelphia District Office US Dept. of Labor ESA Wage & Hour Division US Custom House, Room 350 Second & Chestnut Streets Philadelphia, PA 19106	Phone: (215) 597-4950 Fax: (215) 597-4949	Stewart Bostic District Director
Pittsburgh District Office US Dept. of Labor ESA Wage & Hour Division Federal Building 1000 Liberty Ave., Room 313 Pittsburgh, PA 15222	Phone: (412) 395-4996 Fax: (412) 395-5772	Richard L. Clougherty District Director
Wilkes Barre District Office US Dept. of Labor ESA Wage & Hour Division 7 North Wilkes Barre Blvd. Stegmaier Bldg. Suite 373M Wilkes Barre, PA 18702-5284	Phone: (570) 826-6316 Fax: (570) 821-4186	Joseph Dietrick District Director

Pennsylvania Department of Labor and Industry

Bureau Of Labor Law Compliance

Addresses:

Harrisburg

1301 Labor & Industry Building
Seventh & Forster Streets
Harrisburg, PA 17120-0019
(717) 787-4671 or 1-800-932-0665

Pittsburgh

1201 State Office Building
300 Liberty Avenue
Pittsburgh, PA 15222-1210
(412) 565-5300 or 1-877-504-8354

Altoona: 1-877-792-8198

Philadelphia

1103 State Office Building
1400 Spring Garden Street
Philadelphia, PA 19130-4064
(215) 560-1858

Scranton

201-B State Office Building
100 Lackawanna Avenue
Scranton, PA 18503-1923
(570) 963-4577 or 1-877-214-3962