What are my rights at work?
US workers have far fewer national rights than UK workers: most jobs are “at will”, and federal law gives no paid holiday or paid sick leave. States and cities fill some of the gaps, so where you work matters a great deal.
In 30 seconds
- Most jobs are at will: you or your employer can end the job at any time, for almost any reason, without notice, unless a contract or a law says otherwise
- Federal law sets a $7.25 minimum wage, overtime for non-exempt staff and 12 weeks’ unpaid, job-protected FMLA leave if you qualify
- New York, Massachusetts, DC and California run paid family leave schemes, and most of our places require paid sick leave. Texas and Florida add little
At-will employment
Unless you have a contract for a fixed term, US jobs are usually “at will”. There is no set period of employment, and either side can end it at any time and for almost any reason. There is no general right to notice or redundancy pay, as there is in the UK. But an employer can’t fire you for an illegal reason, such as discrimination, and the exceptions vary by state. Some contracts and union agreements give more protection.
The federal minimum
| Right | Federal rule |
|---|---|
| Minimum wage | $7.25 an hour. States and cities can set a higher rate, and the higher one applies |
| Overtime | At least 1.5 times your regular rate for hours over 40 a week, unless you’re exempt |
| Exempt staff | Professional, executive and administrative staff paid at least $684 a week ($35,568 a year) who meet the duties tests get no overtime |
| Paid vacation and holidays | Not required. They’re a matter of agreement with your employer |
| Paid sick leave | Not required by federal law. Many states and cities require it (see below) |
| Family and Medical Leave Act (FMLA) | Up to 12 weeks of unpaid, job-protected leave in 12 months for a new child, your own serious illness or caring for a seriously ill spouse, child or parent |
| Discrimination | Illegal because of race, colour, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40 or over), disability or genetic information. Most employers with 15 or more staff are covered (20 for age) |
| Mass layoffs | Employers with 100 or more employees must give 60 days’ written notice of a plant closing or mass layoff (the WARN Act) |
Who qualifies for FMLA
You must have worked for the employer for at least 12 months, for at least 1,250 hours in the 12 months before the leave, at a site where the employer has 50 or more employees within 75 miles. So in your first year in a new US job you usually won’t qualify. Ask about the employer’s own parental and sick leave policies before you accept.
State and city rules in our eight places
Rates below are for most adult workers. Check your state labour department for exceptions, tipped workers and small employers.
| Place | Minimum wage | Paid sick leave | Paid family leave |
|---|---|---|---|
| New York City | $17.00 an hour (also Long Island and Westchester; $16.00 in the rest of the state) | NYC Protected Time Off Law: 40 or 56 hours’ paid time off a year depending on employer size, plus 32 hours unpaid and 20 hours’ paid prenatal leave | Up to 12 weeks at 67% of your average weekly wage, up to $1,228.53 a week in 2026. Employees pay 0.432% of wages for it |
| Boston (Massachusetts) | $15.00 an hour | Up to 40 hours a year, paid if the employer has 11 or more staff. Usable from your 90th day | Up to 12 weeks for family reasons and 20 for your own health, 26 in total a year. Up to $1,230.39 a week in 2026 |
| Washington DC | $18.40 an hour from 1 July 2026 | Check the rules for your employer’s size with the DC Department of Employment Services | Up to 12 weeks to bond with a new child, 10 for your own health, 6 to care for a family member and 2 for prenatal care |
| Chicago (Illinois) | $17.05 an hour in Chicago from 1 July 2026 (employers with 4 or more staff); $15.00 elsewhere in Illinois | Chicago: up to 40 hours’ paid leave for any reason plus 40 hours’ paid sick leave. Rest of Illinois: 40 hours’ paid leave for any reason | No state scheme found; FMLA (unpaid) applies |
| Austin (Texas) | $7.25 an hour (the federal rate) | No state requirement | No state scheme found; FMLA (unpaid) applies |
| Miami (Florida) | $15.00 an hour from 30 September 2026 | No state requirement, and cities can’t add their own | No state scheme found; FMLA (unpaid) applies |
| Los Angeles (California) | $18.42 an hour in the City of LA from 1 July 2026; $16.90 state-wide | At least 40 hours or 5 days a year state-wide; the City of LA has its own, stricter rules | Up to 8 weeks of benefit payments, up to $1,765 a week. The payments don’t protect your job: FMLA or the California Family Rights Act may |
| San Francisco (California) | $19.61 an hour from 1 July 2026 | At least 40 hours or 5 days a year under state law | As for Los Angeles |
For other states, search for the state’s “department of labor” and its minimum wage and paid leave pages. Your contract can always give you more than the law.
Having a baby
There is no national paid maternity or paternity pay. In New York, Massachusetts, DC and California, state schemes pay part of your wages for a set number of weeks. Elsewhere, what you get depends on your employer’s policy, and FMLA’s 12 weeks are unpaid and need 12 months’ service. If you’re planning a family, ask about parental leave before you accept a job.
If you lose your job on a visa
If your E, H-1B, L-1 or O-1 job ends, you and your family don’t fall out of status just because the job ended, for up to 60 days in a row or until your authorised stay ends, whichever is shorter. In that time you can find a new sponsor, change status or leave. If an H-1B employer dismisses you early, it must pay the reasonable cost of your journey home. DHS published a proposal on 11 September 2026 to remove the 60-day grace period; it still applies for now, so check USCIS. Get advice from an immigration attorney quickly. See Changing jobs on a visa.
Getting help
- Pay, overtime and leave: your state labour department, or the US Department of Labor’s Wage and Hour Division for federal rules
- Discrimination: file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days, or 300 days where a state or local agency also enforces a similar law
- Many cities, including New York, Chicago, Los Angeles and San Francisco, have their own labour standards offices
- An employment lawyer can tell you whether a dismissal broke the law
What to do next
- Find your state’s minimum wage and sick leave rules
- Ask your employer for its leave and PTO policy in writing
- Keep copies of your offer letter, pay stubs and any written warnings
Keep going
- Cornell LII Wex: Employment-at-will doctrine
- Cornell LII: 29 U.S.C. 206, minimum wage
- Cornell LII: 29 U.S.C. 207, maximum hours (overtime)
- Cornell LII: 29 CFR 541.600, amount of salary required for exemption
- US Department of Labor: Vacation leave
- Cornell LII: 29 CFR 825.200, amount of FMLA leave
- US Department of Labor elaws: FMLA advisor, employee eligibility
- EEOC: Overview
- EEOC: How to file a charge of employment discrimination
- Cornell LII: 29 U.S.C. 2102, WARN Act notice
- Cornell LII: 29 U.S.C. 2101, WARN Act definitions
- New York State Department of Labor: Minimum wage
- New York State: New York paid sick leave
- NYC Department of Consumer and Worker Protection: Protected Time Off Law
- New York State: Paid Family Leave updates for 2026
- Minimum Wage Lookup: Massachusetts minimum wage 2026
- Mass.gov: Earned sick time, summary of the law
- Mass.gov: Paid Family and Medical Leave overview and benefits
- NFP: 2026 Massachusetts PFML rates and benefits released
- DC Department of Employment Services: 2026 minimum wage increase notice
- DC Paid Family Leave
- Illinois Department of Labor: Minimum Wage Law
- City of Chicago: Minimum wage information
- Perkins Coie: Illinois adopts paid leave for any reason (2023)
- Perkins Coie: Chicago passes sweeping paid leave ordinance (2023)
- HiveDesk: Texas minimum wage 2026, tied to the federal rate
- Minimum Wage Lookup: Texas paid sick leave (2026)
- WageIndicator: Minimum wage increased in Florida from 30 September 2026
- Minimum Wage Lookup: Florida paid sick leave (2026)
- California Labor Commissioner: Minimum wage FAQ
- California Labor Commissioner: Paid sick leave FAQ
- California EDD: Paid Family Leave
- City of Los Angeles Office of Wage Standards: Minimum wage
- City of San Francisco: Minimum Wage Ordinance
- Cornell LII: 8 CFR 214.1(l), 60-day grace period after employment ends
- Erickson Immigration Group: DHS proposes eliminating the 60-day grace period (10 Sep 2026)
- Cornell LII: 8 CFR 214.2(h), H-1B employer liability for return transportation