Day-Rate Employee Violations
Our attorneys can file a claim for you
Companies sometimes mistakenly classify certain workers as day-rate employees. This might not seem like a significant issue. But workers misclassified as day-rate employees who should be considered hourly employees often miss out on certain benefits or additional pay, including overtime. When this happens, it’s important for employees to take strong legal action.
That’s our job at Gibson Law, LLC. Our Ohio wage and hour claim attorneys can thoroughly investigate your case, including reviewing your employment contract or job description. Based on the evidence we uncover, we can then demand the financial compensation you rightfully deserve in the form of a settlement or verdict because of a lawsuit.
We know what to do because we have years of experience handling such claims throughout Ohio. Attorneys Bradley L. Gibson and Angela J. Gibson bring a unique perspective to such cases. Both lawyers previously represented employers in wage and hour claims. Now, we put our knowledge and expertise to work for workers just like you.
What is a day-rate employee?
As the name suggests, a day-rate employee is paid a flat fee per day, normally for working an 8-hour shift. Day-rate employees are common on larger, long-term projects, including construction projects. As a result, that’s why some of the following professions are often paid a flat day rate for their work:
- Construction workers
- Oil and gas industry workers
- Field engineers
- Business consultants
- Freelance consultants
Even so, just because a company classifies someone as a day-rate employee does not mean that state or federal labor laws do not apply. In most cases, businesses still need to abide by strict rules and regulations. This includes paying employees at least minimum wage based on the hours they work. When companies don’t, employees misclassified as day-rate workers should take legal action if their rights have been violated.
Are day rate employees eligible for overtime?
One of the most common reasons why companies misclassify workers as day rate employees is to avoid paying them overtime. The reality is that’s not allowed. Even if a company has agreed to pay an employee a flat fee for a single day of work, the company must pay such workers overtime pay if the employee works more than 40 hours in a single, 7-day workweek.
If you have worked more than 40 hours in a week and the company has not paid you overtime, you have a strong legal case. That’s why it’s important to talk to an attorney as soon as possible to learn more about your legal options.
What are my legal options?
If you have been misclassified as a day-rate employee or the company you work for has not paid you overtime or violated other labor laws, you have several options available to you. These options include:
- File a complaint with your company, saying you believe you have been mistakenly classified as a day-rate employee or you have not been paid overtime.
- File a complaint with Ohio’s Bureau of Wage & Hour Administration.
- File a lawsuit against your company seeking financial compensation for overtime or other unpaid (or underpaid) hours of work.
All of these options often result in complicated legal cases. That’s why it’s critical that you have a lawyer on your side working for you. Your attorney can deal directly with your employer and file any necessary paperwork on your behalf. Your lawyer can also negotiate a settlement or file a lawsuit seeking damages (financial compensation) if necessary.
Get the compensation you deserve. Contact our law firm
Just because the company you’re working for is not following state or federal labor laws, don’t expect your legal case to be straightforward. Often, companies will hire attorneys to defend their actions rather than simply admitting wrongdoing.
That’s why we want to represent you and demand the money you deserve. We believe all workers deserve to be treated with dignity and respect. As your attorney, we will vigorously investigate your claim and build the strongest possible legal case.
Contact our law firm to learn more about your legal options during a consultation with a member of our legal team. We have office locations in Cincinnati and Dayton. We’re here to help you make things right.