What you should know about overtime pay if you are a manual laborer

The Department of Labor’s Wage and Hour Division is responsible for overseeing minimum wage and overtime pay to employees who work over forty hours in a given workweek. Under the Fair Labor Standards Act (“FLSA”), employers are required to pay their non-exempt workers time and a half for all hours worked above forty in a given workweek. Failure to pay overtime and minimum wage is a violation of the FLSA. Employers could end up paying tens of thousands of dollars to workers who sue for unpaid overtime, and thus it is important for manual laborers who are not paid overtime, or who are paid in a way that denies them some of their overtime, to learn about their legal rights to overtime pay. 

There are exemptions from both minimum wage and overtime pay for employees employed in a bona fide executive, administrative, and professional capacity. However, these exemptions do not apply to manual laborers or other “blue-collar” workers that perform work involving repetitive operations with their hands using skill and energy. These workers gain the skills necessary to perform their job through apprenticeships and on-the-job training. The simple reality is that almost all workers whose primary duty is performing manual labor are required by law to be paid overtime.

Non-management employees in production and/or construction jobs such as carpenters, electricians, mechanics, construction workers, field hands, field technicians, and other similar-type jobs are entitled to minimum wage and overtime pay no matter how much they might be paid, and thus they are not exempt.  Most oilfield workers who are in the field are required by law to receive overtime pay.  

Are you a manual laborer who has been denied overtime pay and/or minimum wage? Consider speaking with an attorney today to learn if you have a viable claim to recover your rightful wages. Josh Borsellino is an attorney that fights for the rights of workers. He works on a contingency fee basis meaning that you owe him nothing unless there is a recovery. He can be reached at 817.908.9861 or 432.242.7118. 

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