Overtime Lawyer Blog

Recently the Department of Labor announced that it would be investigating homebuilders to see if they are paying workers the overtime pay and minimum wage they deserve. The move is part of a growing national concern that workers in many industries are not receiving sufficient pay.

The Fair Labor Standards Act provides that employees must earned minimum wages (typically $7.25/hour) and that all employees who are not exempt from the FLSA be paid at a rate of one and one half their regular rate of pay for all hours worked in excess of 40 hours in any work week. Despite this simple sounding rule, overtime laws are incredibly complex and are the source of much employment litigation.

Members of the trade group Builders of America have recently received letters asking for detailed payroll information. How construction workers are paid can create confusion since many times contractors are not paid directly but through subcontractors. As with any type of work however, it is critical you are paid what you deserve.

One of the most important factors in determining whether you are entitled to overtime pay for your work is if you are exempt. Exemptions provide that if you make more than a certain amount per week and perform a certain type of work, then you are not entitled to overtime pay, no matter how many hours you work. However, if you are non-exempt, then your employer must pay you time and a half for every hour worked more than 40 in any workweek.