As lawyers for the workers, we make sure that employers pay you for the long hours you put in and give you the wages you are owed.
When day-rate workers are not paid their wages in a timely manner—or at all—they may be entitled to file an unpaid wage claim. Filing such a claim can be a complicated process, and it is important that day-rate workers understand their rights when it comes to taking legal action.
The best place to start when considering filing an unpaid wage claim is to speak with a lawyer who is familiar with your state’s labor laws. This will help you understand what rights and protections you have under the law, as well as any potential risks and responsibilities associated with filing an unpaid wage claim.
At Josephson Dunlap, we dedicate 100% of our practice to helping workers seek the fair wages they are owed. If your employer has failed to fairly compensate you for all the hours you have worked, reach out to our experienced trial attorneys for help filing your day-rate worker unpaid wage claim. We proudly serve clients nationwide, offering personalized legal representation backed by a long, proven history of success. To date, we have recovered hundreds of millions of dollars in unpaid wages and overtime; learn how our team can help you with your case today.
What is a Day Rate?
Employees who are paid a flat amount for each that they are worked, regardless of how many hours they work each day are considered to be “day rate” or “daily rate” employees. However, employers are typically required to pay their day-rate employees for overtime if they work any hours after a total of 40 hours has been completed during the work week.
“Filing a case was easy and the staff was beyond wonderful when it came to answering my questions in regards to my case. They’re polite, well spoken and overall professional.”- Robert F. Straight Time for Overtime
“I have made multiple recommendations for Josephson Dunlap to family and friends. They kept me updated with my case, provided ongoing follow-up support, and made sure I received everything that was owed to me!”- Samantha R. Off-The-Clock Case
“Josephson Dunlap did everything that could be asked. They were great communicators and treated me with respect. They fought for me and delivered results that were better than expected.”- Tony S. Misclassification Case
Day-rate workers, or those paid a single rate for each day of work, are classified as either employees or independent contractors. Your employment status affects your rights as a day-rate worker; however, all day-rate workers are entitled to be paid their full rate for each day of work completed.
Workers who receive a daily rate are typically not entitled to additional pay when they work more than the standard eight hours in a day. Instead, they are paid a single rate of pay no matter how many hours they work in a given day. However, those classified as “employees” are often still entitled to overtime pay when they work more than 40 hours in a single workweek.
To be eligible for overtime, you must be classified as a non-exempt employee. Sometimes, employers will misclassify workers, either as exempt employees or independent contractors, to avoid paying overtime. It is important that you understand your employment status, as defined by state and/or federal law—not necessarily your employer.
Why Hire an Attorney for a Day-Rate Worker Unpaid Wage Claim?
Filing a day-rate worker unpaid wages claim can be challenging. You need someone by your side who understands the law and how it applies to your case. You need an advocate who will stand up for your rights and fight tirelessly to recover the unpaid wages you are owed.
At Josephson Dunlap, we are laser-focused on this mission. Our unpaid wage attorneys help day-rate employees and independent contractors seek justice when their employers try to cheat them out of the fair pay they have earned. We have helped more than 100,000 workers nationwide and have filed over 1,800 claims on their behalf. This is all we do, which means we dedicate the entirety of our resources, efforts, and practice to helping hard-working people fight for fair pay.
Can You Sue for Unpaid Wages as a Day-Rate Worker?
Like any other type of worker, day-rate workers are entitled to sue for unpaid wages. However, there are certain steps that often precede litigation.
If you were not paid for work as a day-rate worker, there are several things you should know about filing an unpaid wages claim:
- Time Is Limited: Depending on where you live, you could have a relatively short amount of time to file your claim. Each state has its own statute of limitations for unpaid wage claims, and there may also be various deadlines when it comes to reporting unpaid wages.
- Preserve All Available Evidence: When filing an unpaid wage claim, it is important to act quickly and keep accurate records of the hours worked, dates of payment, rate of pay, etc. This will help you prove your case and make sure that you are adequately compensated for all of your work.
- File a Claim with the Appropriate Agency: The next step is to file a claim with the appropriate state or federal agency. Depending on the jurisdiction, this could be either the state’s labor department or the U.S. Department of Labor's Wage and Hour Division.
- Contact an Attorney: Finally, it is important to remember that employers who are found guilty of withholding wages can be subject to both civil and criminal penalties. This can include fines, legal fees, and even jail time in some cases. Therefore, it is important for day-rate workers to take action when their wages are not paid in a timely manner by seeking the help of a qualified legal representative.
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