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6/1/2011
Kennedy Hodges Trial Attorneys
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Common Overtime Problems Faced by Houston Maintenance Workers

In a previous article, the Houston, Texas overtime attorneys at Kennedy Hodges discussed when a maintenance worker is entitled to overtime pay under the Fair Labor Standards Act, or FLSA.

 

To recap, if the maintenance worker's company has annual sales or projected annual sales of over $500,000, then the maintenance worker is covered under the act. Annual sales can be from the combination of many smaller companies under the same ownership or control, such as with a chain of restaurants.

 

The other way that a maintenance worker can be covered under the FLSA is if he or she works for a company that engages in commerce or the production of goods to be used in commerce. This includes insurance companies, warehouses, banks, factories, etc.

 

But even though these guidelines are quite clear and it is illegal for an employer to violate the FLSA, there are still overtime problems that many Houston maintenance workers face.

 

Let's take a look at the most common issues as reported by the U.S. Department of Labor:

 

  • Employees often do not receive overtime pay. Some employers either tell the employee that the company just doesn't pay overtime or they do not properly record the hours that the employee worked.

 

  • Minors under the age of 16 sometimes work past 7 p.m., or 9 p.m. between June 1st and Labor Day.

 

  • A maintenance worker or janitor may work in more than one establishment during the week, but the hours are counted separately in order for the employer to avoid paying overtime. All hours that a maintenance worker works must be counted together, regardless of the number of places he or she must be during the week.

 

  • Husband and wife or family member teams are sometimes counted as one worker. If there are teams of workers at the same maintenance or janitorial job, each person must be added to payroll as a separate worker and receive proper compensation for the hours worked, regardless of the team relationships.

 

If you or a loved one is facing any of these problems, contact the Texas overtime attorneys at Kennedy Hodges immediately at 888.449.2068 for your free copy of Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. Or fill out this online form, and an attorney will contact you immediately to schedule a free consultation.

 



Category: Service Technicians


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