In order to be able to participate in the J-1 SWT program, you must have an employment contract with an approved employer. This employer is responsible for upholding all U.S. labor laws as well as providing you with certain kinds of insurance in case there is an accident at work or they let you go as an employee.
Here we will tell the basics about the legal requirements for you employer as well as what you can do if you have proof that something is not right.
Minimum Wage Requirements #
All Work & Travel USA students are covered by basic minimum wage laws and overtime as it applies from state to state. As of July 24, 2009 the Fair Labor Standards Act (FLSA) minimum wage was set at $7.25 per hour. Where state or local law requires a higher minimum wage, the higher standard applies.
Hour Requirements #
In positions requiring work hours that fall predominantly between 10:00 pm and 6:00 am
Overtime Pay #
Employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
What jobs am I allowed to do/not allowed to do #
To see the list please navigate to the jobs page.
Non Discrimination/Harassment – what are my legal rights #
Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history), For more (Click here).
What do I do if there is a problem and I can not solve it with my employer #
If you are feeling overwhelmed, have questions, or just need extra help, your first step should always be to talk with your host employer. It is usually better for your host employer to hear your concerns from you before you talk to your sponsor. It is a common practice in the U.S. to address problems and concerns with either your supervisor or the human resources department. By doing so, you and your employer have the opportunity to work together to fix any issues that may arise during your program. If not you can contact your sponsor.
Can I change my primary job and keep my J-1 Visa status #
If you have a J-1 visa and you want to change employers, it is possible to do so under certain circumstances, but there are specific rules and procedures that must be followed.
