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Are Day Rate Employees Entitled to Overtime?


Employees who are paid a “day rate” are often not being paid all of the overtime and other wages that they are entitled to receive under the law, including unpaid overtime or other wages.

What is day rate compensation?

Day rate compensation occurs when employees are paid by the day, regardless of the number of hours they work on any given day. Day rate employees often include field workers, repair workers, delivery workers, oil and gas workers, and those employees working in the construction industry, among others.

Although these workers are paid by the day, they are often still entitled to earn overtime pay and pay in excess of the minimum wage. If you are paid on a day rate basis, then it is possible that you are not receiving all of your hourly wages.

What should I do if I have questions about my day rate pay?

If you are paid a day rate and you wonder whether you are receiving all of the compensation you are entitled to, you should contact our experienced wage and hour attorneys. We will perform a comprehensive review of your job duties, the amount of pay that is guaranteed each week, and other factors to ensure that you are receiving the pay required under federal and state law.

Employers often benefit from underpaying employees that are compensated on a day rate by simply paying the day rate without any consideration of overtime pay or the minimum wage. Failing to properly and fully pay hardworking day rate employees is both wrong and illegal.

Our Overtime Lawyers can help you.

We are experienced in representing employees on an individual, collective, or class basis with all types of wage and hour issues. If you are being paid a day rate, it is possible you are not being fully compensated in accordance with the law. However, speaking with our experienced overtime attorneys is the first step to realizing your earned but unpaid wages. We offer free consultations that are completely confidential. Call us today with any questions about your day rate pay.


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