Are You a Day-Rate Employee Working Hours? You May Be Underpaid.
Our Ohio wage law attorneys fight for you
Workers paid on a "day rate" often don't realize that they may be misclassified or unlawfully not paid overtime or minimum wages - and employers take full advantage to save money.
Don't take your employer's explanation at face value. Get straight answers from someone you can trust. Contact Nilges Draher LLC, and one of our experienced Ohio wage and hour law attorneys can review the details of your situation and evaluate whether you have a viable claim. If you do, we would be honored to work with you and fight for the compensation you rightfully deserve.
Our law firm has a strong track record of success. Overall, we've recovered more than $30 million in unpaid wages and other benefits for workers in Ohio and across the country. This money often makes a dramatic difference in people's lives. And it's money they deserve to be paid.
Legal issues involving day-rate employees
There's a lot of confusion when it comes to day-rate employees. As the name suggests, day-rate employees are paid a flat rate to work a single day, regardless of how many hours they work. Workers often paid on a day-rate basis include:
- Construction workers
- Oil and gas pipeline workers
- Repair workers
- Field specialists
What's critical in assessing whether you are properly classified as exempt from overtime or minimum wage requirements are whether you receive a "guaranteed" amount each week, how much that "guarantee" is, and what your primary job duties are. Job titles alone don't carry the day when it comes to exemptions. In short, just because someone is paid by the day does not mean the worker isn't entitled to lawful overtime compensation or even minimum wages.
Depending on your situation, if you're a day-rate worker and work more than 40 hours in a single week, you may be entitled to overtime pay. Depending on your day's rate and the hours you work, you may also be getting less than the lawful minimum wage for each and every hour worked during the week.
Moreover, because some employers try to manipulate the system for their bottom line, you may work for more than one employer in a week, with each employer being individually and jointly responsible for your lawful compensation. This sometimes applies to business that collaborate on the same projects or tier their business ownership structure. It ultimately depends on the specific facts, but don't sell yourself short. Your employer or employers may undervalue you, but we will not.
We put your best interests first
Knowing if you have a case can be confusing, even for seasoned attorneys who don't normally practice in this area. And because employers often see you as little more than entries on a ledger, affecting their bottom line, other workers like you may also be underpaid. A few bucks out of your paycheck might not be worth a lawsuit to you going alone, but a few bucks across 20, 50 or 1,000 workers sure adds up when it comes to tax-deductible labor expenses.
Plus, your employer is likely in the superior bargaining position when it comes to the hours you work and the wages you're paid. This is why Congress expressly provided the statutory right for workers to join forces to bring collective actions on behalf of others similarly situated. In such cases, one, several, or all of you could take legal action together in the form of a collective or class action lawsuit.
Our law firm has years of experience handling such complex cases. We know what evidence to look for and understand how the legal system works in Ohio and other states. That's why we have such a strong track record of success.
Put your trust in a law firm that puts your needs first. Contact us today and schedule your free case evaluation with an experienced wage and hour violation lawyer who knows how to get results - Nilges Draher LLC.