Unpaid Overtime for Janitorial Workers in Austin and Houston, TX

What Are Janitorial Workers?

Janitorial workers and custodians are crucial in the workplace. Even if you rarely see them, they still put in long hours and do hard work to keep businesses clean. Some of their essential job duties include taking out the trash, cleaning windows, cleaning floors, and wiping down other surfaces. Some custodians may also tend to other aspects of building maintenance, such as tending to boilers and furnaces. They may even be responsible for clearing sidewalks of snow in winter months.

How Many Custodians Are Employed in the United States?

Nationally, there are more than two million janitorial workers, according to data from the United States Department of Labor.

Which States Employ the Most Custodians?

Currently, the states that employ the highest number of janitors and custodians are California, New York, Texas, Florida, and Pennsylvania.

Are Janitors Eligible for Overtime Pay?

Under the Fair Labor Standards Act (FLSA), most employees are entitled to receive overtime pay. If an eligible employee qualifies for overtime, but their employer won’t pay, the employer has violated federal law. Having unpaid wages for hours worked over 40 in a workweek is considered wage theft.

Non-exempt employees are entitled to overtime pay at a rate of 1.5 times their regular hourly rate. For example, if their hourly rate is the federal minimum wage, $7.25, their overtime rate is $10.88. Any hours that you work over 40 in a workweek must be compensated at an overtime rate.

Common types of overtime violations that janitorial workers face include the following.

• Requiring workers to work off the clock before or after their shifts
• Paying straight time instead of time and one-half for overtime hours worked
• Misclassifying employees as exempt and paying salary with no overtime
• Misclassifying workers as independent contractors and not paying overtime

If your employer owes you overtime pay, we strongly recommend speaking with an employment lawyer as soon as possible. We can review your employment contract and other details about your case to ensure your rights are protected.

How to File an Unpaid Overtime Lawsuit as a Janitor

If your employer owes you overtime pay for a previous pay period, contact an attorney with extensive experience in wage and hour law. The Fair Labor Standards Act gives you the right to file a claim against your employer. But remember, you only have a limited amount of time to file your claim. If the violation was unintentional, you have two years to file a claim. If the violation was intentional, you have three years to file a claim.

Working with an attorney from the beginning can help you file before the deadline, increase the efficiency of the legal process, and ensure your rights are protected.

Why Choose Leichter Law?

At Leichter Law, we pride ourselves on representing employees in cases against their employers. We believe in standing up for what’s right, and to us, that means representing those who need it most. Employers and companies often have teams of lawyers on their side. However, working with an employment lawyer who is board-certified in labor and employment law is one way claimants can beat the odds in their cases.

Very few attorneys have legal specializations, and even fewer have specializations in labor and employment law. Of the tens of thousands of licensed attorneys in Texas, our firm works with one of the few employment law specialists in the state.

Contact the Unpaid Overtime Lawyers at Leichter Law Today

If you are a custodial or janitorial employee who believes your employer owes you back wages, contact the team at Leichter Law as soon as possible. As employment lawyers, we represent many types of workers who have been shorted by their employers. These workers include nurses, LVNs, independent contractors, tipped employees, call center employees, and oilfield workers.

Don’t hesitate to reach out to our dedicated team of attorneys. To schedule your consultation, please call our office at 512-495-9995 today.