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Are salaried construction workers eligible for overtime or other compensation when working more than 40 hours in a week?
Tacoma, WA
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Posted 2 months ago in Workers Compensation
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A construction company in WA provides salary pay to superintendents. The supers are expected to do the same work as the carpenters/laborers, as well as complete supervisory activities (paperwork, meetings, etc.). This means the super is often working 45 up to 80 hours in a week. The company does not provide overtime or additional pay. They promise additional days off in compensation but then call the super in for 'emergency situations.' Additionally, the employees often work holidays and, at times, have less than 8 hours in between working hours. Since this is construction, WA/Federal laws are confusing as to whether this is legal or not. Should the employees be compensated in some way for the additional hours worked.
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Answers (1)
Bryan Sinclair Hawkins
This attorney is licensed in Georgia.
Posted 24 days ago.
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The answer is...it depends. The Fair Labor Standards Act (FLSA) is the federal law that governs overtime pay and minimum wage. The statute is full of exceptions for various types of employees, i.e. supervisors, teachers, car salesmen, etc. This is a highly complex question that would involve a review of your salary and hours actually worked each week as well as a detailed description of your job duties to determine whether you would be entitled to overtime or whether you were being paid enough. I recommend you speak to an attorney in your area that practices in employment law for an answer. I'm sorry I can't give you a yes or no, but unfortunately FLSA is a large and complicated statute. There may also be specific laws for the State of Washington that would come into play. Best of luck.
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