“I’m on a Daily Rate ($200), so No Overtime?” – Construction Worker’s Victory
“My boss says my daily rate includes everything, even overtime. Is that legal?”
Client E, a construction worker in New Jersey, was hired at a Daily Rate of $200. To meet tight deadlines, he worked 6 days a week, 12 hours a day (72 hours/week). However, his weekly paycheck was always flat: $1,200 ($200 x 6). When Client E asked about overtime for the grueling hours, the site manager replied, “We pay a daily flat rate. Overtime is already included in that $200.”
Song Law Firm’s Legal Analysis: Daily Rates Do Not Exempt Overtime.
This is a rampant illegal practice in the construction industry. Federal Law is clear: regardless of whether you are paid by the hour, day, or piece, you are entitled to 1.5 times your regular rate for any hours worked over 40 in a week. An employer cannot simply “contract away” this right by claiming it’s included in a flat rate.
Song Law Firm calculated Client E’s “Regular Rate” (approx. $16.60/hour based on his schedule) and proved that for the 32 hours of overtime he worked each week, he was significantly underpaid.
The Result: Full Recovery via Pre-Litigation Notice
We resolved this case without even stepping into a courtroom. A strong legal demand letter was enough.
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Result 1: Initiated negotiations immediately during the Pre-litigation phase via a certified demand letter.
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Result 2: Recovered the full unpaid overtime amount for the past year plus damages.
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Result 3: Included a Non-Retaliation Clause, ensuring Client E could return to work without fear of being fired for raising the issue.
Don’t let a “Daily Rate” fool you. If you work over 40 hours, you deserve extra pay. Song Law Firm will do the math and get you your money.
[Contact Us]
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KakaoTalk Channel: Song Law Firm
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Phone: 201-461-0031
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Email: mail@songlawfirm.com
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Website: www.songlawfirm.com
Disclaimer: Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.
