"I get paid a day rate.. am I entitled to overtime for working over 40 hours in a workweek?"
Federal law stipulates time-and-a-half wages are an obligation of covered employers. Day rate workers are not exempt from being entitled to overtime pay for qualified work in a workweek.
The fluctuated workweek calculation is used to determine when and how much overtime a worker may be entitled.
We won't go into how to calculate overtime for day rate workers here.
It's enough to know that the misconception that day rate or piece work employees are somehow exempt from receiving overtime is false.
Employers can often get this wrong and assume because they are paying a day rate that they can and should squeeze as much time out of the worker as they can.
We often represent day rate employees who have to fight to get paid what they are owed for work which entitles them to time-and-a-half.
The federal FLSA law here is clear. Covered employers who work qualifying hours in a workweek are entitled OT pay.
If your employer refuses to pay you what you are entitled, reach out.
We can help you determine whether or not you ARE legally entitled time-and-a-half for your hours, and if it was illegally withheld, what you may be able to recover (back pay + potential damages).
Know your rights. IF they violate the law, we can help.
FREE Employment Law Evaluation: Reach out and we'll see you get your questions answered - I review every claim inquiry personally - If we take your case, pay no fees unless we win - we'll help you get through it together..
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Richard Celler Legal, P.A.
10368 W. State Road 84
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Davie, FL 33324
Phone: 954-903-7475
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#wageandhour #dayrate #unpaidovertime
27 окт 2022
