If you are a construction worker in today’s market, you are likely readily employable to help keep up with the booming industry. However, while your work and skills may be in high demand, many construction workers across the country are being met by unfair labor practices. Many construction companies intentionally cheat their employees out of their rightful wages because they have gotten away with it in the past. If you’re a construction worker, it is crucial to understand your rights and know you are entitled to pay for the work you complete.
Almost every employer in the United States is covered under the Fair Labor Standards Act or FLSA. This act establishes the minimum wage for employees and specific standards set around the hours worked per week and what constitutes overtime. Additionally, the FLSA outlines the minimum amount of pay for overtime worked.
How Does Overtime Pay Work in Texas?
In the United States, any employee who works over 40 in a workweek has worked overtime. The question then becomes – is an employee entitled to additional pay in the form of an overtime premium for having worked over 40 hours per week? The answer depends on whether the employee is “exempt” or “non-exempt” from the overtime laws. If non-exempt, employers must pay all hours beyond 40 at 1 ½ times the hourly pay rate. That means if you usually make $20 an hour, you’d be entitled to $30 per hour for any additional hours you work once you’ve reached 40 per week. Most construction workers in Texas are non-exempt and entitled to overtime pay – particularly if they are paid hourly or on a day-rate pay scheme Unfortunately, not all employers willingly comply with this law. If you’re a construction worker who has not been fairly compensated for overtime, you must know that the FLSA protects your wages. Reach out to a Houston overtime pay lawyer.
Examples of Overtime Violations for Construction Workers
Construction companies generally understand that when employees work over 40 hours a week, they need to pay overtime. However, if these violations are not reported, they can sometimes get away with the practice for years. One of the most effective ways to underpay employees is to set standards that may seem fair to employees but are violations.
One common tactic to avoid paying overtime is to tell workers that they are not owed overtime for a single week but rather for cumulative overtime during a pay period. This practice is called averaging hours across workweeks and it is not legal. When pay periods are set at two-week intervals, this often results in working 50 hours in one week and 30 in the next week. While the total adds up to 80 hours, the employee is owed 10 hours of overtime for the first week.
The second approach is splitting work between worksites. Some construction companies attempt to count only the time worked at a single job site and suggest your 40 hours start over when you move sites. This is not true. If you work more than 40 hours for a company during a workweek, you are owed overtime compensation based on all of the hours you worked, whether at one or multiple job locations during the workweek.
There may be many other instances in which overtime pay is not properly paid out to construction workers. If you suspect that you are missing wages, do not hesitate to speak with an experienced construction overtime attorney who stands up for the rights of construction workers in Houston
Trust The Lore Law Firm with Your Overtime Claim
If you believe that the construction company you work for is practicing illegal wage tactics for overtime, you must call the Lore Law Firm today. Our experienced team of attorneys has the experience you need to fight for fair compensation for your completed work. We have over 25 years of experience protecting workers’ rights throughout Houston, Texas, and nationwide. Call 866-559-0400 or fill out our contact form to schedule your free consultation.
