Employment, Education and Outreach Providing employers and workers with information on federal and state workplace laws EMPLEO is an alliance of community and non-governmental organizations, along with state, local and federal agencies, and the consulates of Central America and Mexico, their ministering information and assistance on employment-related issues. The program was officially implemented on June 30, 2004. EMPLEO addresses the concerns of newly arrived immigrants who are unaware of their employment rights and responsibilities in the US. Many immigrants are concerned about reaching to agencies or organizations and face multiple difficulties. By using this cooperative approach to solve multiple common problems, EMPLOYMENT can reduce the number of people calling one agency for help but ending up being transferred to another without receiving adequate assistance. A recurring and concerning issue is overtime pay violations. This may be the result of an employer not recording hours actually worked, or paying by the day, week or month without ensuring that employees receive at least the federal minimum wage and overtime when working more than 40 hours in a week. The Wage and Hour Division at the US Department of Labor The U.S. Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. These standards are enforced by the Department's Wage and Hour Division. Many states also have minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. Overtime pay of not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. Certain exemptions apply to specific types of businesses or specific types of work. The law applies to everyone, regardless of their immigration status. The FLSA does not differentiate between workers with documents and those undocumented. Applying the law independently from the immigration status guarantees the equality of conditions for all employers. If an employer knew that the government does not enforce minimum wage and overtime, or in other workplace laws, they might be tempted to pay their workers less. That could give that employer a competitive advantage over other companies that pay their employees according to the law. The intent of the laws is to ensure that employers who pay workers less than what federal law requires are not rewarded for this practice. The employer should not receive a financial benefit for paying its workers less than the law requires, and should not have a competitive advantage over other companies that comply with the law. Many vulnerable workers are also afraid that reporting occupational safety and health problems to officials could result in the loss of their job. By working through EMPLEO, agencies are better able to investigate worker safety and health complaints to help protect workers on the job while protecting them from retaliation. The EMPLEO program has Spanish-speaking volunteers trained by partner organizations who can and do help workers. These volunteers do not work for a government agency. They refer callers to the appropriate organization, a consulate, or state or federal agency for help. This arrangement can help alleviate various problems for workers who feel uncomfortable with contacting an agency directly. Callers can leave a message in Spanish that will be returned immediately if a volunteer is not available to answer a call. The seven main reasons for a call are:
- Payment of extra hours
- Issues with last paycheck
- Minimum wage
- Discrimination, lunch hour and breaks
- Security, tools, hazardous equipment
- Family medical leave
A key element of the EMPLEO alliance is that it is a free telephone line. EMPLEO toll-free number: 1-877-55AYUDA (877-552-9832)