Day-Rate Workers paid a flat sum for a day’s work, no matter how many hours they actually work in a day. These employees are also commonly referred to as “Daily Rate Workers”: There are a number of different jobs that are paid by the day, including:
- Pipeline Inspectors
- Top Drive Technicians
- Service Supervisors
- Field Coordinators
- Tool Pushers
- Pumpers
- Lease Operator
- Mud Engineers
- Field Engineers
- Water Truck Drivers
It is legal for employers to pay Day-Rate Workers in such a way, but the Fair Labor Standards Act (FLSA) requires employers to pay Day-Rate Workers overtime for all hours worked over 40 in the workweek. Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime.
To compute a Day-Rate Worker’s hourly wage, the employer must divide the total pay for the week by the total hours actually worked that week. Then the employer must pay the Day-Rate Worker one and a half times that rate for all time worked over 40 hours in the week. IN calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training.
Employers often violate the FLSA by failing to pay Day-Rate Workers the required overtime pay. If you are a Day-Rate Worker who worked more than 40 hours a week but did not receive overtime pay, you may be entitled to file a Day-Rate Worker overtime pay lawsuit. These lawsuits are often filed by an entire group of Day-Rate Workers against an employer who violates the FLSA.
If you believe you have been denied overtime pay, your best option is to contact an experienced attorney who can advise you of your rights under the FLSA and state laws. There are strict time deadlines for filing lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.
To determine whether you are eligible to file a wage claim, contact our experienced Day-Rate Worker Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case, or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If You are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.