Working with Contractors If you work for a contractor, you have the same basic employment rights as other workers. Read More Chicken Catchers Your employer might try to say you are an "agricultural worker" in order to avoid paying you overtime. Read More Keep track of your hours If you are not receiving 'time and a half' for all hours above the 40-hour workweek, your employer is breaking the law. Keep track of your hours on the sheets provided.

All employees, regardless of their immigration status, are entitled to the same basic employment rights. This information is about your rights at work and how you can be sure your rights are protected.

This information is jointly published by the Equal Justice Center's Poultry Worker Project; Southern Migrant Legal Services, a project of Texas RioGrande Legal Aid; and the Immigrant Justice Project of the Southern Poverty Law Center. We are three community-based organizations providing legal advocacy and legal rights education to workers throughout the southern United States. This text is not intended to serve as specific legal advice, and if you think your rights are being violated, contact one of our offices or an employment-rights attorney immediately.

YOUR PAYCHECK

Minimum Wage
All poultry processing workers in the United States are entitled to earn the federal minimum wage, $5.15, for every hour worked. If you are not being paid at least $5.15 per hour before taxes, or if your employer deducts money from your check making your pay rate fall below $5.15 per hour, you can consult a workers' center, union representative, legal aid office or other attorney. You can also contact the US Department of Labor Wage and Hour Division at 1-866-4USWAGE.

Some workers in the poultry industry are not paid by the hour, but rather by piece rate. Even when you are paid a piece rate, your rate of pay for the week must average at least $5.15 per hour worked.

You have the right to be paid for every hour you work. If you don't get paid for work you have to do "off the clock," you may actually be getting less than the legal minimum wage -- even if your official pay rate is higher.

Some states have a minimum wage higher than the federal minimum wage. If this is the case, you are entitled to be paid whichever is higher.

Overtime
A "regular" work week is 40 hours per week (a week is seven consecutive days). If you work more than 40 hours during a week, your employer is required by law to pay you "time and a half," which is your normal hourly wage, plus an additional 50% of that wage for each hour you work over the 40-hour workweek. For example, if you earn $6.00 per hour your overtime rate would be $6.00 + $3.00 = $9.00/hour.

"What time is it?"
Employers must pay you for all hours you work, including all breaks shorter than 30 minutes. Some employees are required to come to work before their shifts begin. Some have to stay at the plant after their shifts are over. It's important to make sure you get paid for all the time you spend working or doing tasks required by your employer.

You should generally be paid for time spent putting on and taking off equipment, special clothing, or protective gear required by the job. You should also be paid for time spent waiting when machines break down, even if the line isn't running. If your company uses a "master clock" for all workers, which starts and stops when the line starts and stops, your employer must still pay you for time spent waiting for the line to start, and time spent on backed-up work after the line has stopped.