Staff paid a daily-rate : Who’s affected?
Have been you paid a day-rate? Not paid additional time?
In February 2023, the U.S. Supreme Courtroom dominated in favor of a day-rate oil rig worker who sought additional time wages. Underneath this ruling, day-rate workers can’t be categorised as overtime-exempt and should be paid additional time.
Because of this excessive courtroom ruling, day-rate workers across the nation could also be eligible to take authorized motion if they’ve been denied additional time pay. These employees could possibly get better double the again additional time wages they have been beforehand denied. In industries resembling oil and gasoline, the place workers often work greater than 80 hours per week and day-rate pay schemes are frequent, employees may get better important compensation.
Do you qualify?
You probably have been paid on a day-rate and haven’t been paid time-and-a-half for all additional time hours, you could be eligible to hitch a FREE day-rate workers additional time class motion lawsuit investigation.
Fill out the shape on this web page for extra info.
What are day-rate workers?
Day-rate workers are employees paid a set day by day fee for his or her work as an alternative of an hourly fee or a wage. Any such pay scheme is used for seasonal and full-time employees in varied varieties of companies, together with jobs within the oil and gasoline industries and in development.
In brief, no. Underneath federal wage legal guidelines, salaried employees are typically thought-about “additional time exempt” in the event that they meet varied requirements. Though many day-rate workers might have been categorised as exempt to keep away from paying them additional time, a brand new Supreme Courtroom ruling makes clear that this observe just isn’t authorized and is a type of wage theft.
On Feb. 22, 2023, the U.S. Supreme Courtroom dominated in favor of an power firm worker who argued that he must be paid additional time wages regardless of being a extremely paid day-rate worker (incomes $200,000 per 12 months). In response to the oil rig worker’s lawsuit, Helix Vitality Options Group ought to have paid him additional time for the weeks he labored greater than 40 hours in per week. The plaintiff contends he typically labored greater than 80 hours per week with no extra compensation.
Helix Vitality argued the employee was exempt from additional time below the “extremely compensated worker” exemption, which exempts employees from additional time in the event that they earn no less than $684 per week on a “wage foundation”.
The Supreme Courtroom sided with the employee in a 6-3 vote, discovering that whereas the worker’s $963 day by day fee exceeds the $684 weekly exemption, the phrases of his cost didn’t fulfill the Honest Labor Requirements Act’s (FLSA) definition of a assured wage.
“Most easily put, an worker paid on an hourly foundation is paid by the hour, an worker paid every day is paid by the day, and an worker paid on a weekly foundation is paid by the week,” Justice Elena Kagan wrote.
Primarily based on this new precedent, day-rate workers across the nation could possibly take authorized motion and get better unpaid additional time wages. This might quantity to important compensation for day-rate workers that often labored greater than 40 hours per week, notably as a result of they can get better as much as double their unpaid again additional time wages.
Though day-rate workers are extra frequent in oil, gasoline and development industries, any day-rate worker who was wrongfully denied additional time pay could also be eligible to take authorized motion. A day-rate additional time class motion lawsuit may assist employees get better the wages they deserve below state and federal legal guidelines. Skilled attorneys can be found that can assist you navigate your authorized rights.
Should you have been paid on a day-rate and weren’t paid additional time, you could qualify to take part on this day-rate workers additional time class motion lawsuit investigation.
Fill out the shape on this web page for a FREE & CONFIDENTIAL case analysis.