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Day-Rate Worker Unpaid Wage Claims 

Unpaid As A Day Rate Worker? Call (888) 742-7242 For a Free Review.

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.

Call (888) 742-7242 or contact us online to request a free consultation with a day-rate worker unpaid wage claims lawyer at Josephson Dunlap. Hablamos español.

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    - Tony S. Misclassification Case

What is a Day Rate?

Employees who are paid a flat amount for each that they work, 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 have been completed during the work week.

Here are some common types of day-rate jobs:

  • Construction Workers: Many construction workers, including carpenters, electricians, plumbers, and laborers, often work on a day-rate basis.
  • Freelancers and Consultants: Various freelance professionals like writers, designers, photographers, and consultants may charge clients on a day-rate basis for their services.
  • Film and TV Crew: Crew members in the film and television industry, such as grips, production assistants, and lighting technicians, might work on a day-rate basis during shoots.
  • Event Staff: Workers involved in events, such as caterers, event planners, and technicians, might be paid based on a day rate.
  • Seasonal or Agricultural Workers: Some agricultural or seasonal workers might be compensated based on the number of days they work.
  • Truck Drivers: Certain truck drivers, especially independent contractors, may work on a day-rate basis, especially for specific deliveries or contracts.
  • Healthcare Professionals: Locum tenens physicians, nurses, and other medical professionals might work on a day-rate basis for temporary assignments or to cover shifts.
  • Security Personnel: Security guards or private security personnel may be paid on a day-rate basis for specific events or contracts.
  • IT Contractors: Some IT professionals, like programmers, developers, or system administrators, might opt for day-rate contracts when working on short-term projects.
  • Cleaners and Maintenance Workers: Individuals providing cleaning or maintenance services might charge on a day-rate basis for their work.

Day-rate workers might enjoy flexibility in their schedules, but their income can fluctuate based on the number of days they work in a given period. The rate itself can vary depending on the industry, location, skillset, and demand for the worker's services. Some individuals prefer day-rate work because it allows them to earn more if they're efficient and can complete tasks quickly. However, they might not receive benefits like health insurance, paid time off, or retirement plans typically provided to full-time employees.

What Rights Do Day-Rate Workers Have?

Day-rate workers might enjoy flexibility in their schedules, but their income can fluctuate based on the number of days they work in a given period. The rate itself can vary depending on the industry, location, skillset, and demand for the worker's services. Some individuals prefer day-rate work because it allows them to earn more if they're efficient and can complete tasks quickly. However, they might not receive benefits like health insurance, paid time off, or retirement plans typically provided to full-time employees.

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. 

Other rights day-rate workers have include:

  • Health and Safety: Day-rate workers have the right to work in a safe environment. Employers are typically obligated to provide a safe workplace, proper safety training, and necessary safety equipment.
    Discrimination and Harassment Protections: Workers are protected from discrimination based on factors such as race, gender, religion, disability, or sexual orientation. They also have the right to work in an environment free from harassment.
  • Employment Rights: Depending on the jurisdiction, day-rate workers might have certain employment rights, such as the right to breaks, rest periods, and protection against wrongful termination.
  • Access to Benefits: In some regions, day-rate workers may be entitled to certain benefits like sick leave, vacation pay, or contributions to retirement plans, especially if they meet specific criteria for benefits eligibility.
  • Contractual Rights: The terms of the contract between the day-rate worker and the employer should be clear and mutually agreed upon. They have rights outlined within the contract, including payment terms, job responsibilities, and termination clauses.

It's essential for day-rate workers to understand their rights and protections under the law in their specific location. Sometimes, these rights can be more challenging to enforce for day-rate workers compared to full-time employees due to the nature of their employment arrangements. Seeking advice from labor organizations, legal professionals, or governmental labor departments can help clarify rights and provide necessary support if any issues arise.

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.

To schedule a free consultation with one of our attorneys for your day-rate worker unpaid wage claims, call (888) 742-7242 or contact us online.

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.

What Will Next Steps Be?

Submit your case in as little as 10 minutes.

  1. Form Submission

    Complete the form and we'll connect with you within one business day. For a faster response, call us at (888) 742-7242 or click our chat bubble.

  2. Free Consultation

    A personal case manager will quickly identify if you have a case. A quick 10 minute phone call is all it takes.

  3. We Build Your Case

    Your personal case manager will work with you to make sure you have everything you need for a strong case.

  4. Get Your Wages Back

    Once your case manager has everything, you just wait while we fight for your wages. We'll keep you updated on your case results and when you can expect your money.

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