Service technicians should be compensated for all work-related activities they perform, and not just for tasks conducted on a particular job site. Workers in this field tend to be paid in a variety of ways. Some are compensated hourly, while others are paid on an hourly or piece-rate basis.
Service technicians often deal with irregular hours that include tasks above and beyond maintenance work, such as filling out paperwork, waiting for customers, handling vehicle inventory, and checking work orders. Any service technician who is classified as a non-exempt employee under the Fair Labor Standards Act (FLSA) is entitled to overtime pay for all work that falls outside of 40 hours a week. When you are a service tech and your employer does not pay you fairly, a dedicated employment attorney could help you get what you are due.
The FLSA outlines numerous protections, including minimum wage and overtime requirements, for workers employed across a range of industries. Employees fall into two categories under the provisions of the FLSA: exempt and non-exempt. Non-exempt employees must be paid 1.5 times their regular hourly wage whenever they work more than 40 hours a week.
Salaried employees in executive, administrative, or other highly compensated roles are often exempt from FLSA overtime requirements and do not need to be compensated with time and a half pay if they work more than 40 hours a week.
Many service tech professionals are entitled to overtime pay. If an employer fails to follow overtime pay laws, the worker should speak to an experienced lawyer who could investigate the matter.
An employer might try to avoid paying overtime wages to field service technicians in several ways. These could include classifying the service tech as exempt from payment for overtime, having the service tech work off the clock, or paying straight time instead of time and a half for overtime hours.
Tactics such as averaging the hours the employee worked over a two-week period or classifying a field service technician as an independent contractor could also deprive an employee of overtime pay.
If the service tech has a regular, ongoing relationship with one company, cannot work for other companies, is supplied with tools and equipment, and has minimal control over the work performed, these signs indicate an employer-employee relationship instead of an independent contractor. Employers who do not pay their field service technicians for overtime can be taken to court.
An attorney can help file a service tech overtime pay-claim to recover the wages due for all work performed for the employer. An attorney can help file a state and/or federal claim to recover back wages and additional compensation such as liquidated (double) damages. It is illegal for employers to retaliate against employees who file complaints or initiate Department of Labor investigations.
These claims can be complicated, and employers often have a team of attorneys on their side. Our service tech overtime pay lawyers fight tirelessly for unpaid overtime wages, gather evidence to support the claim, and bring a compelling claim before the deadline to seek damages expires.
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It all starts with a free and confidential case review. A personal case manager will quickly identify if you have a valid claim. If they determine it’s valid, you can rest easy knowing that you won’t pay us a dime unless we recover compensation for you. Our contingency basis is meant to incentivize victims to pursue legal action without financial concerns. Contact us now to learn how our unpaid wages lawyer can help.