Texas home builders typically not exempt from overtime pay, minimum wages

Home builders and construction workers are a staple in the state of Texas, as they not only bring new business into the area, but also help facilitate the success of existing businesses in need of additional space. These workers also allow the public to have safe access to transportation, since they are key players in the construction of roads and bridges.

But what often happens to these vital employees, who often put in countless hours of hard labor in all types of weather conditions, is that they are misclassified as being exempt from the regulations of the Fair Labor Standards Act, and therefore not given overtime pay or fair minimum wages.

According to the FLSA, virtually all home builders are eligible for overtime pay in Texas. Almost all employees involved in the process are covered, as long as the employing company has at least two workers and generates at least $500,000 in gross sales every year. Individual FLSA coverage can also be obtained if the employees handle goods that have traveled in or out of the state, since by doing so they are automatically engaging in interstate commerce.

This also includes janitors, maintenance workers and guards who are also closely related to the construction work being done, as long as their tasks are "directly essential." The FLSA defines construction work as new construction of residential or commercial buildings, roads or bridges. The industry also covers reconstruction or repair of existing buildings or roads.

There are also certain tasks that are specifically mentioned by the FLSA as being covered, which is important for Texas construction workers to know, since there may be times that employees perform this type of work, even though their title may be different than the line of work they are actually doing on a daily basis. These covered tasks include:
- Painting
- Floor installation
- Sandblasting
- Tuckpointing
- Spouting
- Water well drilling
- Landscaping

It is also important to note that employers are required by the U.S. Department of Labor to keep proper record of the hours that their employees work, which can sometimes be overlooked when there is a large crew. If you are a construction worker in Texas not being paid overtime, and you perform any of the above tasks, you may be entitled to back wages for unpaid overtime

Contact the Texas overtime attorneys at Kennedy Hodges, LLP for your free copy of The Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim by calling 888.449.2068. The book will provide you with information on how to handle an unpaid overtime wage claim, or the attorneys can provide you with a free case evaluation when you fill out the online form.

The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.