Overtime Wages and Construction Workers:  Answers to Frequently Asked Questions

October 16, 2020

The FLSA requires that construction workers in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 in a workweek. FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA no matter how highly paid they might be.

In the highly competitive and narrow profit margin construction industry, employers frequently cheat construction workers in the following areas:

*     Failing to pay overtime for all compensable hours worked in excess of 40 hours per week. This happens also in cases where workers are given a “salary” and required to work over 40 hours per week.

*     Misclassifying workers as independent contractors to avoid paying overtime, insurance and payroll taxes.

*     Under-reporting hours and taking automatic deductions for meal breaks when employee did not get 30 minutes of uninterrupted time to avoid paying overtime pay.

*     Not paying for “off the clock” work performed before or after reported hours.

*     Paying per-diem rates instead of wages to avoid overtime pay.

Call attorney Rose H. Robbins at (954) 946-8130 for a FREE  telephone consultation about your claim for minimum wage or unpaid overtime wage violations.

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