If you're paid a day rate and work over 40 hours per week, you're entitled to overtime pay
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Many employers pay workers a fixed "day rate" - a set amount for each day worked regardless of how many hours they actually work. While day rate pay is legal, employers still must pay overtime when you work more than 40 hours per week. Unfortunately, many employers illegally fail to pay this required overtime compensation.
Just because you're paid by the day doesn't mean you lose your right to overtime pay. Federal law (the Fair Labor Standards Act) requires overtime compensation for all non-exempt employees who work over 40 hours per week - regardless of whether they're paid hourly, daily, or weekly.
The Department of Labor requires a specific calculation method for day rate workers:
Day rate: $200/day
Days worked: 5 days
Hours worked: 50 hours/week
Day rate: $300/day
Days worked: 6 days
Hours worked: 72 hours/week
Day rate: $400/day
Days worked: 6 days
Hours worked: 60 hours/week
If you're paid a day rate but work more than 40 hours per week, you're entitled to additional overtime compensation equal to half your regular hourly rate for every overtime hour worked. Many day rate workers are owed thousands in unpaid overtime wages.
Employer pays only the day rate regardless of hours worked, claiming "day rate covers everything." This violates federal law when workers exceed 40 hours per week.
Employer fails to properly calculate the regular hourly rate by dividing total compensation by total hours worked, leading to underpayment of overtime.
Employer treats day rate as a "flat rate" that covers unlimited hours, which is illegal under the FLSA for non-exempt employees.
Employer schedules extremely long workdays (12-16 hours) while paying only the day rate, knowing workers will exceed 40 hours per week.
Laborers, electricians, plumbers, and contractors often paid day rates for long project days
Field workers, rig hands, mud engineers, and technicians working extended shifts on day rate pay
Film crews, stagehands, and production assistants working long days on shoots
Crew workers paid per day regardless of actual hours worked on job sites
Drivers and logistics workers paid day rates for routes exceeding 8 hours
Production workers and technicians on day rate pay during busy seasons
Calculate your potential overtime claim if you're paid a day rate.
Disclaimer: This is an estimate only. Actual recoveries depend on specific case facts. Past results do not guarantee future outcomes. Consult with an attorney for legal advice.
Day rate overtime violations can result in substantial recoveries because workers often put in very long hours. Under federal law, you may recover:
Day rate pay must also comply with minimum wage laws. If your day rate divided by total hours worked results in less than minimum wage, your employer owes additional compensation.
Employers must maintain accurate time records for day rate employees just like any other workers. If your employer doesn't track your hours, this itself may be a violation.
For day rate workers, travel time between job sites and on-call time may be compensable and count toward overtime calculations.
Why it fails: You cannot waive your right to overtime pay under federal law. Any agreement attempting to waive overtime rights is invalid.
Why it fails: The law requires specific calculation methods. Employers can't just claim the day rate "includes" overtime without proper mathematical justification.
Why it fails: True independent contractor status requires control over how, when, and where work is performed. Most day rate workers are actually employees.
Don't delay filing your claim. Federal law has strict deadlines:
Federal FLSA: 2 years (3 years for willful violations)
Texas Payday Law: Only 180 days to file a claim
Florida Wage Claims: Varies by claim type
Every day you delay could mean lost wages you can't recover. Call now to protect your rights!
Find out if you're owed unpaid overtime wages from day rate work. No obligation consultation.
If you're paid a day rate and work over 40 hours per week, you may be entitled to significant overtime pay. Our experienced attorneys have recovered millions for day rate workers.