Worker Rights in the United States: What Vietnamese People Need to Know About Wages, Work Hours, and Leave

If you are working in the United States — whether in a restaurant, nail salon, garment factory, office, or hospital — you have rights protected by federal and state law. This article explains those rights clearly in Vietnamese so you know where you stand.

Minimum Wage: The Floor No One Can Be Paid Below

Federal law sets the minimum wage at $7.25 per hour (under the Fair Labor Standards Act, or FLSA). However, this figure is outdated — most states where large Vietnamese communities live have set much higher minimums.

Key principle: Whichever state has the higher minimum applies. If you work in California, your employer cannot pay $7.25 just because that is the federal minimum.

For tipped positions like restaurant servers: employers are allowed to pay a lower base wage — called tipped minimum wage — on the condition that tips plus wages equal or exceed the regular minimum wage. If it does not add up, the employer must make up the difference. However, California, Washington, and some other states do not allow this — employers must pay the full minimum wage regardless of tips (according to the U.S. Department of Labor).

Overtime: Working More Than 40 Hours Gets You Extra Pay

Under the FLSA, if you work more than 40 hours in a week, your employer must pay you at least 1.5 times your regular wage for those extra hours. Example: if your regular wage is $20/hour, hour 41 onwards must be paid at $30/hour.

This rule applies to hourly employees. Salaried employees have a more complex situation.

Important note about salaried employees: Not everyone on a salary loses overtime rights. Under U.S. Department of Labor rules effective in 2024, if your salary is below $684 per week (roughly $35,568 per year), you still have the right to overtime pay. If an employer pays you a fixed salary without overtime compensation, claiming you are an exempt employee, they must prove you actually fall into that category.

What Problems Do Vietnamese Workers Often Face?

Many in the Vietnamese community work in industries most prone to violations — nail salons, restaurants, construction, farms. Common issues include:

• Under-the-table pay: Some employers pay in cash and do not report it. This does not mean you lose your rights — the FLSA applies to all workers, including undocumented workers, according to official U.S. Department of Labor statements.
• Incorrect timekeeping: Employers require you to start work before you clock in, or ask you to work after clocking out without paying. This is a violation.
• Illegal deductions: Employers deduct money for uniforms, tools, or damage from your paycheck. Most of these deductions are illegal if they bring your pay below minimum wage.

Time Off: The U.S. Does Not Require as Much as You Might Think

This surprises many people: U.S. federal law does not require employers to provide paid vacation. Unlike Vietnam or European countries, the U.S. lets businesses set their own vacation policies.

However, some types of leave are legally protected:

Paid sick leave: Many states have passed their own laws. California, Washington, New York, and over 15 other states require employers to provide paid sick leave. For example, in California, employees accrue at least 1 hour of sick leave for every 30 hours worked, according to the California Employment Development Department.

Family and medical leave (FMLA): The federal FMLA allows up to 12 weeks of unpaid leave per year for childbirth, adoption, or caring for a seriously ill family member — without losing your job. Conditions: you must work for a company with at least 50 employees, and you must have worked there for at least 12 months (according to the U.S. Department of Labor).

Some states offer better policies: California, New York, and New Jersey have paid family leave programs — maternity leave or family care with partial wage replacement, funded through small payroll deductions.

Breaks During Shifts: A Small but Important Right

Federal law does not require employers to give breaks — but if an employer provides breaks under 20 minutes, that time must count as paid work time. Many states have stricter requirements.

For example, in California: employees working more than 5 consecutive hours must get a 30-minute unpaid meal break, plus a 10-minute paid break for every 4 hours worked (according to California Labor Code).

If Your Rights Are Violated, What Do You Do?

First step: keep records of everything. Save pay stubs, write down your clock-in and clock-out times, save text messages or emails from your employer.

Then you can:

• File a complaint with the Wage and Hour Division of the U.S. Department of Labor — free and with Vietnamese language support at 1-866-487-9243.

• Contact your state labor board — each state has its own agency. California has the Labor Commissioner's Office.

• Reach out to nonprofit organizations supporting Asian American workers like the Asian Law Caucus in San Francisco or OCA-Greater Houston — many have Vietnamese-speaking lawyers.

Important to know: Employers cannot fire or retaliate against you for reporting labor violations. This is called retaliation and is also a federal violation.

Quick Summary

U.S. labor law is not perfect, but it protects you more than you might think — as long as you know what rights you have. Do not let language barriers or concerns about immigration status prevent you from claiming what you deserve.