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Florida Roofing Company Pays to Settle Unpaid Overtime Case With Hurricane Irma Workers


In September of 2017, Hurricane Irma slammed into Southwest Florida, causing tens of billions of dollars in property damage. Many hardworking people put in long hours helping communities across the state recover from the devastating storm. According to reporting from the Miami Herald, at least one Florida roofing company failed to properly compensate its workers.

RIG Roofing & Construction, a contractor based in Winter Haven, FL, has agreed to pay $60,098 to settle an unpaid overtime claim that was collectively filed by 43 of the company’s employees. In this article, our Miami employment law attorneys explain the settlement and an employer’s responsibility to pay workers their rightful overtime wages.

Allegations: Piece Rate Wages Were Not Adjusted for Overtime 

Not all American workers are paid on an hourly basis. Some are paid on a “salary”—meaning their pay is pre-set, and not tied directly to hours worked. Others are paid piece rate wages. Indeed, this is a somewhat common practice in certain industries, including in roofing. Essentially, an employee paid piecework wages is paid a specific rate for each “unit” of work produced or accomplished.

Notably, paying workers piece rate wages does not automatically exempt them from overtime regulations—and that was the key issue in this case. RIG Roofing & Construction pays many of its employees, including its roofers, on a piece rate basis. Unsurprisingly, in the aftermath of Hurricane Irma, the company saw an enormous uptick in business. As such, many of its roofers put in more than 40 hours per week. However, when they did so, they were paid at their standard piece rate wage, regardless of how many hours they actually worked. 

FLSA Requires Overtime Pay for Eligible Workers Who Put in More than 40 Hours  

RIG Roofing & Construction paid 43 workers a collective $60,098 in back pay and liquidated damages to resolve the unpaid overtime claim. Under the Fair Labor Standards Act (FLSA), covered employers are required to pay all eligible employees time and a half (1.5x) their standard rate of pay for any hours worked beyond 40 hours in a given week.

As an example, if an overtime-eligible employee makes $24 per hour and works 50 hours in a given week, that employee would be owed $960 in standard wages ($24*40) and an additional $360 in overtime wages ($36*10). When companies fail to pay proper overtime wages, they can be held liable for the full amount of overtime that should have paid along with additional liquidated damages.

Call Our Miami, FL Unpaid Overtime Lawyers for Immediate Assistance

At Pike & Lustig, LLP, we have the skills, experience, and training to handle complex unpaid overtime claims. If you have questions about recovering compensation for unpaid overtime under the FLSA, we are here to help.

Call us now for a confidential review of your employment law claim. From our offices in Miami and West Palm Beach, we represent clients throughout South Florida, including in Miami-Dade County, Broward County, and Palm Beach County.





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