Unpaid Overtime for Cable TV and Satellite Installers in Texas
Companies in the cable and satellite television industry, particularly subcontractors of the network providers, often fail to pay cable installers and technicians overtime pay. This sometimes occurs unintentionally, but it is often due to a company’s attempt to get around the laws established by the Fair Labor Standards Act (FLSA) and pay its employees as little as possible.
Piece Rate Violations
Piece Rate Violations occur when employers don’t make an effort to track the amount of time worked by their employees. Piece rate generally means an employee will be paid according to each unit of work completed, regardless of time spent working on the project. This is usually legal, but if an employee actively works more than 40 hours during the week, then they still must be compensated for their overtime. You may have a claim for unpaid overtime wages if you worked as a cable installer or technician within the last three years, and experienced any of the following pay practices:
- You did not receive additional overtime pay when you worked more than 40 hours in a week.
- Your employer failed to accurately record your working hours, or did not ask you to do so.
- Your employer refused to let you record your hours yourself.
- Your employer did not record any extra time between jobs, though you were required to be available or you were doing a work-related activity such as driving, paperwork, or making telephone calls.
- You did receive overtime wages, but not all that should’ve been due to you.
Overtime work can include time to travel between jobs, overtime spent working at the shop, downtime between jobs, and any work the employee took home. Most employers who pay on a piece rate fail to track all time worked because they pay their employees on a piece rate, instead of by the hour. When this happens, employees are allowed to recover unpaid overtime with good faith estimates of hours worked.
Independent Contractor Violations
A common violation that affects workers in the cable and satellite television industry is being falsely classified as an independent contractor or “1099 employee.” Employers will do this as a money-saving attempt as contract employees are not protected by overtime or minimum wage laws. In situations where employers do this, an employee can lose their required minimum wages, eligibility for overtime pay, certain retirement and health benefits, FICA taxes, compensation when injured, and unemployment benefits. Simply being a contract worker does not mean that you are not entitled to overtime pay. If you have agreed to be a contract worker or 1099 employee, you may still be entitled to overtime pay if, as a matter of the economic realities, you are economically dependent on your employer and not truly in business for yourself.
Texas Cable TV and Installation Overtime Attorneys
If you are a cable or satellite television installer who has worked more than 40 hours per week and not received additional compensation for overtime, then you need to speak with a qualified overtime attorney today. Our Board Certified Labor Law Specialist with Leichter Law Firm PC can tell you whether you are entitled to compensation for unpaid overtime, additional money for liquidated damages, attorney’s fees, and costs. Call us at (956) 205-0884 as soon as possible.