Totally Off Topic - Work Visa Question

Hannah_Banana
Hannah_Banana Posts: 1,242 Member
edited September 2022 in Chit-Chat
My DH is working with a company right now (post production house) and there is a non-immigrant there on a work visa. He has about 1.5 years left to work before he can get his green card, and he is on salary but he isn't being paid overtime. He’s been working there for 3.5 years and generally works at least a 55 hour workweek. If he confronts the company and gets fired, he either a) gets sent back to his country or b) has to pay fines to have his paperwork filed so he can get a job elsewhere.

*Stab in the darK* Does anyone know about California non-immigrant labor laws? And who protects these people? My online research is coming up pretty dry, and I doubt the poor man has enough money for an attorney. (I'm just so angry at how someone can exploit another person like that! :explode: )

Replies

  • Hannah_Banana
    Hannah_Banana Posts: 1,242 Member
    My DH is working with a company right now (post production house) and there is a non-immigrant there on a work visa. He has about 1.5 years left to work before he can get his green card, and he is on salary but he isn't being paid overtime. He’s been working there for 3.5 years and generally works at least a 55 hour workweek. If he confronts the company and gets fired, he either a) gets sent back to his country or b) has to pay fines to have his paperwork filed so he can get a job elsewhere.

    *Stab in the darK* Does anyone know about California non-immigrant labor laws? And who protects these people? My online research is coming up pretty dry, and I doubt the poor man has enough money for an attorney. (I'm just so angry at how someone can exploit another person like that! :explode: )
  • raincloud
    raincloud Posts: 405 Member
    I can't really help, but....

    Generally "salary" means that is your pay whether you work 20 hours a week or 60, and so there isn't overtime. Could that be what he has?
  • PhotographerOfNature
    PhotographerOfNature Posts: 452 Member
    That's what salary means. I used to work for the military and salary means you get that same amount whether you work 25 hours or 65 hours. I can assure you that I never dropped under 40 hours a week. Same paycheck.
  • shorerider
    shorerider Posts: 3,817 Member
    No overtime for salary workers. Unless that is specifically stated in work contract/agreement. Salary employees usually don't get paid holidays either, again unless stated/agreed upon. That's the downside of salary pay.
  • Phoenix_Rising
    Phoenix_Rising Posts: 11,417 Member
    "Salary" and "hourly" really translate into federally termed "exempt" or "non-exempt".
    Exempt = "salaried" = paid the same weekly rate regardless of hours worked
    Non-exempt = "hourly" = paid constant rate up to 40 hours, 1.5x hourly rate above 40 hours weekly

    This being said, companies exploit loopholes.
    My husband is salaried (exempt) on a set 48 hour workweek. He works a SCHEDULED 48 hours a week, but his pay stub reflects his weekly pay based on 40 hours a week. It's messed up, but I know the company has found a loophole and uses it.

    Also, Cali is MUCH different regarding labor laws than other states. And by different, I mean MUCH more labor friendly, as opposed to employer friendly.

    BTW, the ACLU was the first group that popped into my head to contact about exploitation. While he isn't "American", if he is on a work visa, he is here legally and is subject to the same regulations as anyone else in the workplace.

    I'm betting you could look up the labor board, find a contact, call and ask protocol/legalities about this situation.



    Here's a link I googled with the word "exempt"
    http://www.flsa.com/coverage.html
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