A construction worker and a union representative are suing their company after the construction site they were working on was closed, leaving them without work. The lawsuit alleges that the company violated federal law by not providing workers with an allowance for expenses incurred while at work.
The what is the current minimum wage set by the flsa? is a question that has been asked in recent times. This is because of a lawsuit investigation where workers are claiming they were not paid for work done on construction sites.
Class Action Suit for Extra Pay
Employers often give employees “allowances,” “bonuses,” or “differentials” in addition to their regular hourly earnings.
Because some kinds of labor are deemed more challenging, certain types of compensation may be given. A “shift differential” is when an employer pays more for a less desired shift, such as evenings or weekends, while a “site allowance” is more compensation for traveling to a distant location.
Employers may pay extra to provide output incentives, such as a “stage bonus” for oil and gas employees.
Bonuses based on objective criteria or those the employer publishes to encourage steady or efficient labor must be included when computing overtime rates, according to federal and state wage regulations.
Employers must offer these “additional” pay items or incentives legally and in accordance with federal and state wage laws’ minimum wage standards and calculations. Employers must include in these extra types of compensation when determining time-and-a-half overtime rates.
For example, if a construction worker gets $10 per hour and works ten hours of overtime, the overtime pay computation is simple: he or she earns time-and-a-half of the hourly rate ($15) multiplied by ten hours equals $150.
If the employee additionally gets a “site allowance” of $10 per day, the overtime rate for time-and-a-half must be greater than $15/hour — the employer must include in the extra $10 per day for the “site allowance.” The total amount of overtime compensation would be more than $150 in this case.
Employers often underpay their employees by neglecting to factor in extra compensation when calculating overtime pay. Every pay month, the employee is shorted a little but significant sum.
Many employees at major corporations have lately launched class action lawsuits against their bosses, claiming that they have been underpaid for years.
If you were an hourly worker who earned guaranteed extra pay in the past four years, such as site allowances, stage bonuses, or shift differentials, you may be eligible for further compensation. There may be legal options available.
Fill out the form on this page for a free case assessment to learn more.
The nlra section 8(a)(5) is a law that states if you are a union worker, construction worker, or other specified employee and your employer doesn’t pay you the correct site allowance. This law allows for an investigation in to whether or not your employer has violated this law.
Related Tags
- 29 u.s.c. §§ 151-169
- fair labor standards act 2020
- nlra
- what is the flsa
- fair labor standards act 1938