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When are maintenance workers entitled to overtime pay?

Maintenance workers have tough jobs. Sometimes referred to as janitors, these men and women are responsible for the upkeep of an office and making sure that all parts of the building are clean and running smoothly. Many employees don't even think about how their company's space stays clear of garbage and dust, because the maintenance workers labor quietly behind the scenes, often after everyone has left for the day.

Therefore, it is disheartening for the Texas overtime lawyers at Kennedy Hodges to hear about Houston maintenance workers who are denied overtime for their hard work.

We want readers to know that under the Fair Labor Standards Act, or FLSA, nearly all maintenance workers are covered, and thus entitled to minimum wage and overtime pay.

The two stipulations as outlined by the FLSA are clear-cut and direct, which is why there should be no reason for your employer denying you overtime. The conditions include:

  • You are employed as a maintenance worker at an establishment that either engages in commerce or produces goods that contribute to commerce. Some examples given by the U.S. Department of Labor include insurance companies, banks, warehouses, and factories.

  • The company you work for has annual sales or projected annual sales of $500,000, whether from that company alone or through the combination of smaller companies under the same ownership or control.

If either of these scenarios matches what you do for work every day, then not only are you entitled to a rate of pay at time and a half your normal hourly rate for those hours over 40 that you work each week, but you also are entitled to minimum wage pay.

It is also important to note that the FLSA protects those maintenance workers who are under the age of 18. The FLSA limits the number of hours during which minors are allowed to work each day and week, and there are strict rules about the type of work they can perform as well as how late they can work.

For those workers under 20, the FLSA provides that for the first 90 consecutive days of employment, they should not be paid less than the Youth Minimum Wage of $4.25.

If you are a maintenance worker who is struggling because you are not being paid the overtime you deserve, call the Houston, Texas overtime attorneys at Kennedy Hodges for your free case evaluation. We also will provide you with a free copy of Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. Call 888.449.2068 today. You also can fill out our online form to have an attorney contact you immediately.