Overtime Law Under FLSA
Overtime laws are governed by the FLSA and this law doesn’t only apply in construction, it also applies in other areas of labor. This law states that all employers should pay non-exempt construction workers their overtime due. Under the FLSA any construction worker that has done repetitive work with his hands, energy, and skill is considered as non-exempt. Such a construction worker must be paid the federal minimum wage and overtime wages. Other states can have their own laws regarding overtime wages which deviate from the FLSA standard, but in all cases, overtime wages must be paid to construction workers.
As a construction worker, if you think your rights have been violated regarding overtime wages, there is the need to talk to a professional attorney that deals with such cases. A good lawyer can look into your case and see if you’re qualified for overtime pay or not. You should provide all the necessary details to him such as hours worked for, job duty, pay rate, and your entire job description.
Is There Any Fixed Overtime Rate For Construction Workers?
Non-exempt construction workers are entitled to an overpay rate which is 1.5 of their normal hourly rate. There are states that deviate from this rule which is different from the FLSA. In order to know if you’re entitled to overtime rate, you should speak to an attorney in your state, give all your job description and hours, they will be able to tell you whether you’re qualified or not.
Can You File An Unpaid Overtime Lawsuit?
Multiple cases are filed every day regarding unpaid overtime wages for constructions workers. FLSA exemptions most of the time aren’t applicable to construction workers that work with their hands repeatedly. Every construction worker is eligible for overtime wages and the federal minimum wage which is imposed by the FLSA.
The construction worker who have been denied overtime pay should join a class action lawsuit so that they can fight their case, even as a single employee you can file your own case if you believe your rights have been violated, you just need to talk to your lawyer so that you can figure out how to deal with the situation.
When filing a case you should know that there are strict time limitations which as a plaintiff you shouldn’t miss, you have to do things in a timely manner, talk to your employer to get your unpaid overtime wages and if he didn’t respond then you file a lawsuit, but you must do it within a certain amount of time of the overtime wages not being paid.
The federal government has done its best to set the minimum wage standard for all states, there is however no federal law that specifies the number of hours which every employee must work for in a week, minor employees are exceptional. If employees work for more than the standard weekly hours which is 40h/week, employers must compensate the employees for the extra hours that they have worked.
They shouldn’t be paid less than 1.5 of their standard hourly rate, most states have set their own standard overtime rate, if both federal and state laws apply to your case, then as an employee, you should choose the one that offers more protection to you.
When Should You Hire An Attorney?
If you work for more than 40h/week and have not been compensated for the standard overtime rate which is 1.5 times your regular hourly rate, your employer has violated your labor rights and there is the need to take action against your employer. It’s always advisable to try and resolve things with him, let him know that he has violated your rights and if he doesn’t sort things out, you can now take legal action against him. If you file a successful lawsuit you’ll get back all the wages that are withheld by your employer and other possible damages done to you.
If your case is successful your employer will be forced by law to give you back pay, this includes any overtime which has not been paid for the past 2 years. The employer will also be forced to pay liquidated damages, this is extra compensation for the losses you incur as a result of the wages which the employer denied you over a long period of time and this depends on a lot of factors.
In order to claim for damages, you should provide all the necessary evidence which shows that your employer violated your labor rights. Have your rights been violated? Contact us now at Massey & Duffy so that we can help you make a proper claim.