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You Rebuilt Florida After the Storm. Your Paycheck Should Show It.

Restoration crews work 60, 70, 80-hour weeks after a hurricane — and too many are paid a flat day rate, labeled 1099, or handed a per diem instead of the overtime federal law requires. There is no "disaster exemption" from overtime pay.

Time limits apply to wage claims. Each pay period that passes, the oldest week of your claim can expire. A free case review will tell you your deadline.
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⚖️ Legally reviewed by Paul M. Botros, Esq. — Employment & Wage Law Attorney, Licensed in Florida & Texas · Last updated July 13, 2026

The Storm Economy Runs on Overtime — Paid or Not

After a hurricane makes landfall, restoration companies staff up overnight: water extraction techs, mold remediation crews, debris and demolition laborers, roof-tarping and board-up crews, generator and equipment operators. The work is brutal and the weeks are long. Federal law is simple about what that means: hourly and day-rate workers are owed time-and-a-half for every hour over 40 in a week — and the emergency doesn't change that. There is no disaster, hurricane, or FEMA exception to overtime for private restoration contractors.

What that means in plain English: a flat $200 or $300 "day rate" does not buy unlimited hours. The U.S. Supreme Court has confirmed that a daily rate is not a salary — day-rate workers are generally owed overtime no matter how they're labeled. And a 1099 form doesn't decide anything: if the company controls your schedule, your tools, and your work, the law can treat you as an employee with full overtime rights.

The Per Diem Game

Storm crews are often paid part wages, part "per diem." Real expense reimbursement is fine — but when the per diem rises and falls with your hours, or pays far more than travel actually costs, the law treats it as disguised wages. That money must be counted in your regular rate, which raises what every overtime hour should have paid. Companies use per diems to shrink the overtime rate; federal regulations say they can't.

Does This Sound Like Your Deployment?

A crew member on a $250 day rate working 13-hour storm days is often owed hundreds of dollars per week in unpaid overtime — and entire crews are paid the same way, which is why these cases are frequently brought for the whole crew at once.

Sound familiar? Get a straight answer in one call.

Free, confidential, no obligation — and no fee unless we win.

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What You Can Recover

Overtime on Your True Rate

Day rates and wage-like per diems must be built into your regular rate — then every hour over 40 pays time-and-a-half on that higher number.

Double Damages

Federal law adds liquidated damages equal to your unpaid overtime — doubling the recovery — unless the employer proves it acted in good faith.

Look-Backs + Fees

Federal overtime claims reach back 2 years — 3 if the violation was willful — and the employer pays costs and reasonable attorney fees when you win. Florida minimum wage claims can reach back even further: 4 years, or 5 for willful violations.

These pay schemes are company-wide by design — one day-rate policy, one per diem formula, one staffing model for every crew on every storm. That is why they are often pursued as collective cases covering everyone paid the same way, not one worker at a time.

Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

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Must be your *paid* hours (can be under 40)
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Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Get Your Free Florida Wage Case Review

Tell us how you were paid — day rate, per diem, 1099 — and the hours you actually worked. We'll tell you what the law says. No obligation.

Paul M. Botros, Employment Law Attorney

Who reviews your case

Paul M. Botros — Employment & wage law attorney. 15+ years focused on unpaid wages: thousands of workers helped, millions recovered. Licensed in Texas and Florida, handling wage cases in federal courts nationwide. When you submit this form, it comes directly to me.

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Tell us what happened — two minutes, free, confidential.

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Your case gets reviewed — you hear back within 24 hours with a straight answer, even if the answer is "you don't have a case."

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You decide — if there's a case, everything is handled on contingency. No fee unless we win.

By submitting this form, you agree to be contacted regarding your case. We respect your privacy.

Florida Storm & Restoration Pay FAQ

I'm paid a day rate on a restoration crew. Am I owed overtime?

Usually, yes. A day rate is not a salary — the U.S. Supreme Court confirmed that in 2023 — and day-rate workers are generally non-exempt. Your day rates get converted into an hourly "regular rate" based on the hours you actually worked, and every hour over 40 in a week is owed at time-and-a-half on top of what the day rate covered.

The company gave me a 1099. Doesn't that make me a contractor with no overtime?

No. The label doesn't decide — the reality of the work does. Courts look at who controls your schedule, tools, and job sites, and whether you're running your own business or working inside theirs. Restoration laborers deployed on company crews, on company schedules, at company-assigned sites are frequently employees under federal law regardless of the paperwork — with full overtime rights.

Is there an emergency or disaster exemption from overtime?

No. Private restoration, remediation, and debris contractors have no hurricane, emergency, or FEMA-related exemption from federal overtime law. The demands of storm response change the hours — not the law that says hours over 40 pay time-and-a-half.

How does the per diem affect my overtime?

If the per diem is really wages in disguise — it varies with hours worked, or far exceeds actual travel costs — federal regulations require it to be counted in your regular rate. That raises the rate your overtime should have been paid at, which means the company owes the difference on every overtime hour, doubled as liquidated damages.

What about drive time between job sites and waiting at staging areas?

Travel between job sites during the workday is generally paid time under federal law, and time spent waiting at a staging area because the company requires you to be there is typically compensable too. On storm deployments those hours add up quickly — and they count toward the 40-hour overtime threshold.

I came from out of state to work Florida storms. Can I still bring a claim?

Yes. Federal overtime law follows the work, not your home address. Traveling crews who deployed to Florida — or worked storms across several states for the same company — can bring claims for all of it, and crews paid under the same policy can join together in one case.

How far back can my claim go?

Federal overtime claims reach back 2 years, or 3 if the violation was willful. If part of your pay fell below Florida's minimum wage — which can happen when unpaid hours drag the true hourly rate down — Florida law reaches back 4 years, or 5 for willful violations. Every week you wait, the oldest week falls off.

Can the company retaliate, and what does a case review cost?

Retaliation for asserting wage rights is illegal under federal and Florida law — workers who are fired or blacklisted for raising claims may have additional claims on top of the unpaid wages. The review is free and confidential, and these cases are handled on contingency: no fee unless we win, and the employer pays reasonable attorney fees on a successful claim.

Related Resources

Florida Overtime Laws Day Rate Violations Employee Misclassification Unpaid Overtime