Living and Working in America
David Hampshire
Living and Working in America, first published in 1992 and now in its 7th edition, is the most comprehensive book available about daily life – and is essential reading for newcomers. What's it really like Living and Working in the USA? Not surprisingly, there's a lot more to life than baseball, bagels, bourbon and the big apple! This book is guaranteed to hasten your introduction to the American way of life, irrespective of whether you're planning to stay for a few months or indefinitely. Adjusting to day-to-day-life in America just got a whole lot simpler!
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Other guides for United States
Extracts from the book…
Working Hours
Working hours vary according to your employer, your position and the type of industry in which you’re employed. Typical office hours are 8am to 5pm with a lunch break of 30 to 60 minutes, but in general, American employees are working longer and longer hours.
Over 30 per cent of US employees work more than the standard 40-hour week; those in professional and management positions work an average of 45 hours a week, and in manufacturing the average (with overtime) is around 50. According to a recent UN report, the average US employee works 250 hours more each year than his British counterpart and almost 500 hours more than the average German worker (the equivalent of 13 weeks per year – an extra ten years in a working lifetime!). Not surprisingly, the number of leisure hours per week enjoyed by the average American has fallen: from 24.3 in 1975 to below 20 today.
Generally the higher the position you hold, the longer the hours you’ll have to work, and many managers regularly take work home and receive business calls in the evenings, at weekends and even when on holiday (French and Germans please note). American white-collar workers often start work earlier than their counterparts in other countries, particularly on the west coast, where office hours may be dictated by office hours on the east coast, e.g. those of Wall Street, which are three hours ahead.
Under federal law, most employees must have a meal break of at least 30 minutes for every five hours worked and a rest period of at least ten minutes for every four hours worked. On average, employees in medium-size and large companies receive rest periods (not including a lunch break) totalling around 30 minutes a day. Most medium-size and large companies have formal rest periods, such as coffee breaks and clean-up time for blue-collar workers, although in many offices employees take ‘breaks’, often including lunch, at their desks.
US employers are often reluctant to permit time off during working hours and may not allow paid time off to visit a doctor or dentist, which may be deducted from your sick leave or annual holiday entitlement.
Flexi-time
Only 10 per cent of US companies operate flexi-time working hours, mostly white-collar office workers. A flexi-time system normally requires all employees to be present between certain times, known as core hours, e.g. 10am to noon and 2pm to 4pm. Employees may therefore arrive late or leave early on certain days provided they make up their required working hours by starting early, reducing their lunch break or working late on others. Smaller companies may allow employees to work as late as they like, provided they don’t exceed the threshold for overtime pay.
Overtime & Compensation
Hourly-paid employees usually work up to 40 hours a week without earning overtime pay. Any hours above 40 must be paid at not less than 1.5 times the regular hourly rate (‘time-and-a-half’). The situation regarding salaried employees is more complicated.
Certain salaried employees are exempt from the Federal minimum wage and overtime laws (i.e. aren’t entitled to overtime pay for extra hours worked). The distinction between exempt and ‘non-exempt’ employees used to be fairly straightforward, but since August 2004, when the overtime laws were updated for the first time in nearly 50 years, there has been uncertainty as to who is and who isn’t entitled to overtime pay.
There are three tests that determine whether or not you must be paid time-and-a-half for working over 40 hours a week:
- Salary-basis test – To qualify as salaried rather than hourl-paid, you must be paid more than $455 per week ($23,660 per year).
- Salary-level test – On the other hand, if you’re paid more than $100,000 per year is automatically considered exempt from the overtime pay regulations.
- Duties test – If your job is administrative, professional or executive, you’re exempt. It’s the definition of these three categories of duty that has been broadened in the new regulations.
Some states require overtime to be paid when a non-exempt employee works more than eight hours a day, although federal law is concerned only with the number of hours worked in a ‘work-week’ (any period of seven days in a row). Federal law doesn’t require premium pay for work at weekends or on federal holidays, although some employers pay time-and-a-half (or double-time) for Sundays and some federal holidays. Further information can be found on www.dol.gov.
An employer can give you ‘compensatory time off’ (‘comp time’) instead of paying overtime, provided you agree to this; comp time must be given at the overtime rate, e.g. for three hours’ overtime, you’re entitled to 4.5 hours off.
Arrival-Departure Record
Before you arrive in the US by air or sea, you’re given an USCIS Arrival-Departure Record card (I-94) – which is white for non-residents and green for green card holders – by the airline or shipping company. If you enter the US by road from Canada or Mexico, you’re asked to complete it at the frontier and pay a fee of $6. If you’re a visa-free visitor, you’re given an I-94W: Nonimmigrant Visa Waiver Arrival-Departure Record.
The I-94/I-94W card is divided into two parts, an ‘Arrival Record’ (items 1–11) and a ‘Departure Record’ (items 14–17). You must complete it in pen in block capitals and in English. If you make a mistake, you may be asked to complete a new card. If you don’t have an ‘address while in the United States’ (item 10), it’s wise to enter the name of a hotel in an area or city where you’re heading or write ‘touring’, rather than leave it blank. If you’re entering the US by land, enter ‘LAND’ under ‘Airline and Flight Number’ (item 7). If you’re entering the US by ship, put ‘SEA’. Complete both the ‘Arrival’ and ‘Departure’ parts before arrival.
You’re authorised to remain in the US until the date stamped on your I-94 card, entered by the immigration officer when you arrive. This is normally the date specified by your visa (but see Citizenship & Immigration Services below) – with the exception of certain visitors, everyone wishing to enter the US requires a visa (see Chapter 3).
Occasionally, however, a Customs and Border Protection (CBP) officer stamps your I-94 card with a date that precedes the expiry of your visa. Although this is technically incorrect, it’s best not to argue with a CBP admitting officer. If this happens, you can apply for an extension up to 60 days and not less than 15 days before the date on your I-94 card becomes due. Many non-immigrant visas are of the multiple-entry type, which allow you to enter and leave the US as often as you wish during the visa’s validity period. However, the period that you’re allowed to remain also depends on the expiration date of your passport. The Departure Record is stapled into your passport and must be carried at all times. It’s this date, and not the expiry date of your visa, that limits your stay in the US.
When you leave the US, the card is removed from your passport by an official of the transportation, e.g. airline or shipping, company. If you leave the US via Canada or Mexico or intend to remain out of the country for more than 30 days, you should surrender your I-94 card to a Canadian official at the Canadian border or a US official at the Mexican border.
Make sure that your Departure Record is removed by the airline each time you leave the US; if you fail to surrender your Departure Record when you leave the US, a future entry may be delayed.
All I-94 cards are recorded in a computer, which makes it easy for immigration officials to check whether you failed to return your card or overstayed your departure date. If you lose your Departure Card, you should replace it at the nearest USCIS office. A list can be obtained by calling the USCIS National Service Center (1-800-375-5283) or online from the USCIS website (www.uscis.gov).
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PRICE: £14.95
PUBLICATION: October 2008
EDITION: 7th
PAGES: 416
BINDING: paperback
FORMAT: 230mm x 155mm
COLOUR PHOTOS: 150+
