Day Rate Pay Violations in Texas
In Texas, many workers in construction, oil fields, security, home health care, and manual labor are paid a “day rate.” That means one flat amount for each day of work, no matter how many hours they work. But here’s what most employers won’t tell you: If you’re paid a day rate, you may still be owed overtime.
Employers often use day rates to avoid paying overtime. But under federal law, you’re still entitled to time-and-a-half for any hours over 40 in a week - unless very strict requirements are met. If your employer doesn't follow those rules, you may be entitled to back pay and additional compensation.
Common Industries That Use Illegal Day Rates
We often see day rate violations in:
- Oil & Gas Field Services
- Construction Crews
- Security Guards
- Home Health Aides
- Installation and Maintenance Techs
- Farm or Ranch Workers
Even if you were told you were “exempt” from overtime, that doesn’t automatically make it legal.
Signs You May Be a Victim of a Day Rate Violation
- You’re paid a flat amount per day, regardless of hours
- You regularly work more than 40 hours a week
- You’re not receiving overtime pay
- You weren’t told about any overtime rules
- You’re not in a managerial or high-level administrative role
What You Could Be Owed
If your employer violated the law, you may be entitled to:
- Back pay for unpaid overtime
- Double damages in some cases
- Attorney’s fees covered by your employer
We’ll review your pay records, schedule, and job duties to help determine if your rights were violated.
Call for a Free Case Review
USA Employment Lawyers represents workers across Texas in wage and hour disputes. We know how day rate violations work, and we’re ready to fight for the wages you earned. Our legal team knows how to uncover violations and fight for every dollar you’ve earned. Call USA Employment Lawyers today for a free, confidential case review.
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