A man and woman are talking to each other.
Proven Results No Matter the Case

As lawyers for the workers, we make sure that employers pay you for the long hours you put in and give you the wages you are owed.

Start a Free Consultation

Day Rate Workers' Rights

Unpaid As A Day Rate Worker? Call (888) 992-2990 For a Free Review.

Your day rate doesn’t mean you forfeit legal protections. Many workers paid a flat daily rate are still entitled to overtime, workplace protections, and fair pay. However, misclassification is common—some employers wrongly classify day-rate employees as independent contractors or exempt workers to avoid paying overtime and benefits.

How to get started?

The first step in filing an unpaid wage claim is speaking with a lawyer who understands your state’s labor laws. This ensures you know your rights, protections, and legal options before moving forward. An attorney can also help you assess any potential risks and responsibilities involved in filing a claim.

At Josephson Dunlap, we are 100% dedicated to helping workers recover the wages they are owed. If your employer has failed to compensate you for all hours worked, our experienced trial attorneys are here to help.

Call (888) 992-2990 or contact us online to request a free consultation with a day-rate worker unpaid wage claims lawyer at Josephson Dunlap. Hablamos español.

Could You Be Owed Unpaid Overtime Wages?
Calculate Overtime
Two men in blue and yellow work vests standing on a ship.
A red and gray square with the letters j and d

“Filing a case was easy and the staff was beyond wonderful when it came to answering my questions in regards to my case. They’re polite, well spoken and overall professional.”

- Robert F.

Straight Time for Overtime

“I have made multiple recommendations for Josephson Dunlap to family and friends. They kept me updated with my case, provided ongoing follow-up support, and made sure I received everything that was owed to me!”

- Samantha R.

Off-The-Clock Case

“Josephson Dunlap did everything that could be asked. They were great communicators and treated me with respect. They fought for me and delivered results that were better than expected.”

- Tony S.

Misclassification Case

A man sitting at a table with two other people.
Who We Help

What Is a Day Rate Worker?

A day-rate worker is paid a flat rate per day, regardless of how many hours they work. However, being paid a day rate does not automatically make you an independent contractor. Many day-rate workers are legally employees, which means they may be entitled to overtime pay and other workplace protections.

Common Day-Rate Jobs:

✔ Construction Workers – Carpenters, electricians, plumbers, and general laborers

✔ Film & TV Crew – Production assistants, grips, and lighting technicians

✔ Healthcare Professionals – Locum tenens physicians, nurses, and contract medical staff

✔ Truck Drivers – Often paid per trip or per day

✔ Security Personnel – Guards working per shift or event

✔ IT Contractors – Programmers, developers, and system admins on short-term projects

✔ Cleaners & Maintenance Workers – Janitorial staff and site maintenance teams

💡 The key issue? Many day-rate workers are misclassified as independent contractors or exempt employees, denying them the pay and benefits they deserve.

Your Rights as a Day Rate Worker

Overtime Pay Eligibility

  • Employees (not independent contractors) paid a day rate must receive overtime if they work more than 40 hours per week (or daily overtime in some states like California).
  • Some employers misclassify day-rate workers as independent contractors to avoid paying overtime—but misclassification is illegal.

Right to a Safe Workplace

  • Employers must provide a safe work environment, proper safety training, and necessary protective equipment.

Protection from Discrimination & Harassment

  • You cannot be discriminated against based on race, gender, religion, disability, or other protected factors.

Employment Rights (if Classified as an Employee)

  • Breaks & Rest Periods – Certain states require paid rest breaks and meal breaks.
  • Wrongful Termination Protections – Employees (not contractors) may be protected under labor laws.

Access to Benefits (Where Applicable)

  • Some day-rate workers may qualify for benefits like sick leave, vacation pay, or retirement contributions, depending on employment classification.

Clear Contractual Rights

  • Your contract should clearly define pay structure, job responsibilities, and termination policies.

Are You Misclassified as an Independent Contractor?

Many day-rate workers should be classified as employees but some employers wrongly label them as independent contractors to avoid:

  • Paying overtime
  • Providing benefits
  • Covering taxes

Signs you may be misclassified:

  • Your employer controls your schedule, tools, or job duties.
  • You must follow company policies like an employee
  • You don't have the freedom to work for multiple clients

Why Hire an Attorney for a Day-Rate Worker Unpaid Wage Claim?

Filing an unpaid wages claim as a day-rate worker can be complex. You need an experienced advocate who understands the law and will fight to recover the wages you’ve rightfully earned.

At Josephson Dunlap, we are laser-focused on protecting workers like you. Our unpaid wage attorneys help day-rate employees and independent contractors hold employers accountable when they fail to pay fair wages.

  • 100,000+ workers helped
  • 1,800+ claims filed nationwide
  • 100% dedicated to wage and hour cases

Fighting for fair pay is all we do—and we have the experience, resources, and track record to back it up.

Take the first step today. Contact us for a free case review, and let’s get you the wages you deserve.

To schedule a free consultation with one of our attorneys for your day-rate worker unpaid wage claims, call (888) 992-2990 or contact us online.

REQUEST A CONSULTATION
A group of people standing around a bar.
A red and gray square with the letters j and d
A man in a suit and tie standing with his arms crossed. Managing Partner and Employment Law Expert, Michael A. Josephson.

MICHAEL JOSEPHSON

A man in a suit and tie with his arms crossed.

ANDREW DUNLAP

Richard Schreiber, employment law attorney. A man in suit and tie smiling for the camera.

RICHARD SCHREIBER

A man in a suit and tie standing next to a wall. Wage and hour attorney David Mathews.

DAVID MATHEWS

Wage and hour attorney Oliva Beale. A woman with long hair and a white shirt.

OLIVIA BEALE

A woman in red jacket smiling for the camera. Wage and hour attorney Alyssa White.

ALYSSA WHITE

A man in suit and tie standing with his arms crossed. Attorney William Hogg.

WILL HOGG

A woman in black jacket and green shirt. Labor law attorney Julia Cline.

JULIA CLINE

A man in suit and tie standing next to a sign. Scott Stottlemyre labor law attorney.

SCOTT STOTTLEMYRE

Can You Sue for Unpaid Wages as a Day-Rate Worker?

Like any other type of worker, day-rate workers are entitled to sue for unpaid wages. However, there are certain steps that often precede litigation.

If you were not paid for work as a day-rate worker, there are several things you should know about filing an unpaid wages claim:

  • Time Is Limited: Depending on where you live, you could have a relatively short amount of time to file your claim. Each state has its own statute of limitations for unpaid wage claims, and there may also be various deadlines when it comes to reporting unpaid wages.
  • Preserve All Available Evidence: When filing an unpaid wage claim, it is important to act quickly and keep accurate records of the hours worked, dates of payment, rate of pay, etc. This will help you prove your case and make sure that you are adequately compensated for all of your work.
  • File a Claim with the Appropriate Agency: The next step is to file a claim with the appropriate state or federal agency. Depending on the jurisdiction, this could be either the state’s labor department or the U.S. Department of Labor's Wage and Hour Division.
  • Contact an Attorney: Finally, it is important to remember that employers who are found guilty of withholding wages can be subject to both civil and criminal penalties. This can include fines, legal fees, and even jail time in some cases. Therefore, it is important for day-rate workers to take action when their wages are not paid in a timely manner by seeking the help of a qualified legal representative.
WHAT WILL NEXT STEPS BE?

Submit your case in as little as 10 minutes.

A red circle with an image of a clipboard and pen.

Form Submission

Complete the form, and we'll connect with you within one business day. For a faster response, call us at (888) 992-2990 or click our chat bubble.

A red circle with two white speech bubbles.

Free Consultation

A personal case manager will quickly identify if you have a case. A quick 10-minute phone call is all it takes.

A red circle with an open folder on it.

We Build Your Case

Your personal case manager will work with you to make sure you have everything you need for a strong case.

A red circle with an envelope and dollar sign in it.

Get Your Wages Back

Once your case manager has everything, you just wait while we fight for your wages. We'll keep you updated on your case results and when you can expect your money.

"*" indicates required fields

By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
This field is for validation purposes and should be left unchanged.