If you are a satellite or cable installer who is classified as an independent contractor, your employer may be trying to bypass paying you for overtime. There are many satellite technicians or cable installers who work well over 40 hours a week but are not being compensated in overtime pay. In general, satellite and cable installers are paid a piece rate, which is per installation, but if their time on the clock exceeds forty hours in a workweek then they are required by law to be paid overtime wages.
Your employer must keep records of your hours on the job, and this includes travel time between jobs, time spent waiting for jobs, time spent at the shop, any work done at home, time spent waiting for customers, and training time. When you spend more than forty hours a week completing any tasks for your employment, then you must be compensated in addition to your piece rates.
If you are being classified as an independent worker, or as a 1099 employee, there are certain criteria which must be met for this to be legal. Regardless of what your employer says, or what you agree to, there are specific stipulations which must be present to be legally considered an independent contractor. Consider whether you are working for yourself or if your employment is dependent on the business. The first scenario more accurately fits the role of an independent contractor, but if you are working for a company, following their guidelines, and performing the tasks they ask of you, then you are likely considered an employee. As an employee, you are not exempt from overtime, meaning if you have been misclassified, you may be owed overtime wages.
Dunham & Jones represents satellite and cable technicians who are not being paid fair wages by their company. If you believe you are owed overtime wages, or feel that your paycheck does not reflect the hours you have worked, then meet with an overtime attorney at Dunham & Jones to discuss your overtime case immediately.
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A Few Overtime Questions from Satellite & Cable Installers
I was hired as a cable installer and completed training by using an online course. My employer allowed me to complete my online course training at home. Do I receive compensation for my training even though it is done from home?
Training is not compensable when it is outside normal working hours, it is completely voluntary, it is not job related, and if no other work is simultaneously performed. In the scenario above, the training was required for the employment and thus was job related. The Fair Labor Standards Act asserts that training held off-site should be compensated.
Knowing all of your rights under the FLSA can be a challenge, so it is important to discuss your claim with a knowledgeable attorney who thoroughly understands hour and wage law.
If you feel you have been wrongly compensated, you should call Dunham & Jones to schedule an appointment and discuss your claim. The attorneys at Dunham & Jones will go over your claim during a free consultation, and will answer any questions you may have.
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Part of my job as a cable installer requires a lot of travel. On an average day, I may be traveling to five different domiciles. Should I be compensated for my travel time?
The FLSA states that travel during work time is to be counted as working hours and should be compensated. Generally, commuting to work is not counted by the FLSA as working time.
The FLSA Fact Sheet #22 states that an employee who travels from job site to job site should be compensated for that time. Since travel is considered as a principle activity of their employment, these hours would count as hours worked.
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I work for a cable contractor as a cable installer. My employer tells me that I cannot receive overtime pay because I am exempt. Why am I exempt?
Cable companies are notorious for violating overtime regulations under the FLSA. There are specific qualifications you need to meet to be considered exempt overtime pay. There is a small percentage of the workforce that is truly exempt from overtime pay. Much needs to be considered about each individual case, and every case needs to be evaluated by an attorney to give a definitive answer.
If you are not receiving overtime pay, and you think your employer is mistaken, consult with one of our attorneys at Dunham & Jones. We will evaluate your claim during a free initial consultation, and will answer any questions you may have.
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