Plumbers Often Not Paid Overtime They are Entitled to Under FLSA

Since plumbing emergencies can happen any time of the day or night, there are few plumbers who work the typical nine-to-five business hours.

However, plumber's compensation should not be any different than the compensation received by others in similar industries just because of the hours worked are atypical. Plumbers should also be entitled to overtime pay in the same way.

The Fair Labor Standards Act outlines the rights that "blue collar" workers are entitled to, and the FLSA has outlined guidelines that employers must follow when it comes to paying their employees a fair minimum wage and overtime pay.

According to the FLSA, any manual laborer or "blue collar" worker whose work involves repetitive operations with their hands, physical skill, and energy is not to be exempt from the Act, and therefore, entitled to overtime pay and minimum wages.

The Act also recognizes that these workers gain their skills and knowledge from on-the-job training and apprenticeships, as well as routine manual and physical work. These job characteristics are often found in construction workers, electricians, plumbers, mechanics, iron workers, craftsmen, carpenters and laborers, and they are all entitled to overtime, regardless of how high their hourly wage may be.

Besides misclassifying plumbers as exempt under the Fair Labor Standards Act, employers may also try and pay on-call plumbers on a piece-rate basis. By only paying a plumber a flat rate for a completed job, the employer may be preventing the worker from receiving the overtime that he or she is entitled to.

Piece-rate work must be in addition to the regular rate of pay. The employer is required to determine the regular rate of pay by adding together the total earnings for the workweek (including bonuses or hourly wages for any other hours worked) and then dividing that by the number of hours worked that week. If the plumber worked more than 40 hours that week, then he or she is entitled to one and a half times that regular rate of pay for those hours over 40.

If you are like many Americans facing the challenges of a tough economy, it may be tempting to just keep working and not challenge your employer on the fact that you are not receiving fair overtime pay. But what the Houston fair overtime lawyers at Kennedy Hodges want readers to know is that it is against the law for an employer to fire someone because they voice their concern about not receiving fair pay under the Fair Labor Standards Act.

Helping you protect your paycheck and your family's well-being is our main goal. If you are a plumber whose overtime is being calculated incorrectly, you could be missing out on thousands of dollars each year, and you may be entitled to back wages.

Contact the Texas fair 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. Or fill out our online form to schedule your free case evaluation where.