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If you work in Oil & Gas, Construction, or Field Services and are paid a day rate, you are likely owed overtime pay under federal law.
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Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Many employers pay workers a fixed "day rate" - a set amount for each day worked regardless of how many hours they actually work. While day rate pay is legal, employers still must pay overtime when you work more than 40 hours per week. Unfortunately, many employers illegally fail to pay this required overtime compensation.
Just because you're paid by the day doesn't mean you lose your right to overtime pay. Federal law (the Fair Labor Standards Act) requires overtime compensation for all non-exempt employees who work over 40 hours per week - regardless of whether they're paid hourly, daily, or weekly.
The Department of Labor requires a specific calculation method for day rate workers:
Day rate: $200/day | Days: 5 | Hours: 50/week
Day rate: $300/day | Days: 6 | Hours: 72/week
Day rate: $400/day | Days: 6 | Hours: 60/week
If you're paid a day rate but work more than 40 hours per week, you're entitled to additional overtime compensation equal to half your regular hourly rate for every overtime hour worked. Many day rate workers are owed thousands in unpaid overtime wages.
Employer pays only the day rate regardless of hours worked, claiming "day rate covers everything." This violates federal law when workers exceed 40 hours per week.
Employer fails to properly calculate the regular hourly rate by dividing total compensation by total hours worked, leading to underpayment of overtime.
Employer treats day rate as a "flat rate" that covers unlimited hours, which is illegal under the FLSA for non-exempt employees.
Employer schedules extremely long workdays (12-16 hours) while paying only the day rate, knowing workers will exceed 40 hours per week.
Laborers, electricians, plumbers, and contractors often paid day rates for long project days
Field workers, rig hands, mud engineers, and technicians working extended shifts on day rate pay
Film crews, stagehands, and production assistants working long days on shoots
Crew workers paid per day regardless of actual hours worked on job sites
Drivers and logistics workers paid day rates for routes exceeding 8 hours
Production workers and technicians on day rate pay during busy seasons
Day rate plus additional overtime compensation for hours over 40
Truly exempt executive, administrative, or professional employees (must meet all exemption tests)
Legitimate independent contractors (not misclassified employees)
Employees who consistently work 40 hours or fewer per week
Day rate only, regardless of hours worked over 40
Calling employees "contractors" to avoid overtime
Claiming workers are "exempt" when they don't meet legal requirements
"All-inclusive" day rates intended to avoid overtime obligations
Why it fails: You cannot waive your right to overtime pay under federal law. Any agreement attempting to waive overtime rights is invalid.
Why it fails: The law requires specific calculation methods. Employers can't just claim the day rate "includes" overtime without proper mathematical justification.
Why it fails: True independent contractor status requires control over how, when, and where work is performed. Most day rate workers are actually employees.
Standard time limit for filing FLSA claims
If the violation was willful (employer knew they were breaking the law)
Each missed overtime payment is a separate violation
Federal law provides 2-3 years to file, but state laws may have different deadlines. Every day you delay could mean lost wages you can't recover. Contact us now for a free case evaluation to protect your rights before time runs out!
Day rate violations are Paul M. Botros's specialty. Get a free, confidential case evaluation and find out what you may be owed.
Find out if you're owed unpaid overtime wages from day rate work. No obligation consultation.