Day Rate Worker Unpaid Wage Claims
A flat daily rate does not mean you forfeit overtime protections. If your employer paid you a day rate without overtime, you may be owed back wages, even if you signed a contract saying you were okay with it. You cannot legally sign your federal rights away!
We Work On Contingency - No Win, No Fee
Over 100K Workers Helped
Hablamos Español
What is a Day Rate Worker?
A day-rate worker is paid a flat amount for each day worked, regardless of how many hours that day contains. This pay structure is common in industries such as oil and gas, construction, healthcare staffing, and oilfield services.
However, being paid a day rate does not automatically mean you forfeit your legal protections. Under federal law, most day rate workers are still entitled to overtime, workplace protections, and fair compensation for all hours worked.
Common Industries Affected
- Oil and gas
- Construction and trades
- Healthcare and travel nursing
- Pipeline and infrastructure
- Offshore and maritime work
Common Violations
- No overtime for hours over 40 per week
- Misclassification as an independent contractor
- Off-the-clock work not compensated
- Straight-time pay for overtime hours
- Failure to calculate a true regular rate
Your Rights Under the FLSA
The Fair Labor Standards Act requires that most day rate workers receive overtime pay for any hours worked beyond 40 in a single workweek — at a rate of at least one and one-half times their regular rate. This applies even when you are paid a flat daily rate.
How Overtime Is Calculated for Day Rate Workers
To find your overtime owed, multiply your daily rate by the days you worked that week, then divide by your total hours. That gives your regular rate. You are then owed an additional half-time premium for every hour beyond 40.
Misclassification as an Exempt Employee
Misclassification is one of the most common tactics employers use to avoid paying overtime. Your employer may label you as a manager, independent contractor, or exempt salaried employee — even when your actual duties and schedule make you eligible for overtime under the law.
A contract you signed with your employer cannot waive your federally protected right to overtime pay. Only a waiver supervised by the Department of Labor or obtained through a private lawsuit can legally eliminate those rights.
Who Qualifies as a True Day Rate Employee
To legally qualify as a day rate employee, you must receive a fixed sum for each day worked that does not change based on the number of hours in that day. If your pay fluctuates based on hours, or if you receive other forms of compensation tied to your hours, you may not actually be a day rate employee — and different overtime calculations may apply.
A contract you signed with your employer cannot waive your federally protected right to overtime pay. Only a waiver supervised by the Department of Labor or obtained through a private lawsuit can legally eliminate those rights.
The Helix Energy Supreme Court Decision
In February 2023, the U.S. Supreme Court issued a ruling that changed things for day rate workers. The case was Helix Energy Solutions Group, Inc. v. Hewitt. The main plaintiff being represented earned over $200,000 a year, but even though his salary was high, the Court still said he was owed overtime.
Why? Because he was paid a day rate, not a true weekly salary.
Some employers had used this structure to avoid paying overtime to high earners. That approach no longer holds up. To qualify for the highly compensated employee exemption, an employer must pay a guaranteed weekly salary as the base. A day rate does not meet that standard, no matter how high it is. Day rate workers of all people know how true this is. Unlike a salary, if you don't show up to work, you don't get paid.
If you were paid a day rate, this ruling may apply to your situation. Depending on when the underpayment occurred, a claim may still be available.
Results for Day Rate Workers
$100M
Over 100 Million Recovered for Our Clients
3 Years
This is how long you have to file a claim under FLSA willful violations
$0
Upfront cost - we only get paid if you do
Yes, a contract cannot override federal law. If you worked more than 40 hours in any workweek without receiving overtime, you may have a valid claim regardless of what your contract states. Employers cannot ask you to sign away rights guaranteed under the FLSA.
Under the FLSA, you can typically recover unpaid wages going back two years. If the violation was willful — meaning your employer knew they were breaking the law — that window extends to three years. State laws may provide even longer lookback periods.
Independent contractor classification does not automatically disqualify you. Courts look at the economic reality of your relationship with your employer — not just your job title. If your employer controlled your schedule, tools, and work, you may legally be an employee entitled to overtime regardless of how your contract classified you.
No. The legal burden of maintaining accurate records falls on your employer, not on you. Employees may provide a reasonable estimate of hours worked. Our attorneys can help reconstruct a record using pay stubs, work orders, emails, and other available evidence.
Retaliation is illegal. The FLSA explicitly prohibits employers from firing, demoting, or reducing the pay of employees who report wage violations or file a claim. If your employer retaliates, that act itself may give rise to a separate legal claim.
(888) 992-2990
Find Out If You Are Owed Back Wages
Free consultation. No commitment. We only get paid if you win. Our attorneys have recovered millions in unpaid wages for day rate workers across the country.
What Our Clients Say
