Unpaid Overtime for Janitorial Workers in McAllen, TX
Janitor and Custodian Unpaid Overtime Claims
One essential but often overlooked profession is janitorial work. For in-house employees to enjoy clean, sanitary, safe environments, janitors and custodians put in long hours. Even if others often don’t see them, they spend countless hours cleaning floors, sanitizing workspaces, and maintaining the quality of a workplace. Unfortunately, unpaid overtime for janitorial workers in McAllen is an all-too-common occurrence.
If you are a janitor or custodian who has been denied compensation for your overtime hours worked, we can help. An experienced overtime pay attorney at Leichter Law can help you gather evidence to support your claim and hold your employer accountable. We have decades of experience representing employees in cases against their employers. Don’t hesitate to contact us – call (956) 205-0884 today to schedule your free consultation with us.
What Are Janitorial Workers and What Do They Do?
Although many people forget that custodians and janitors work in the same places they do, this does not minimize the importance of their jobs. Custodial and janitorial staff work long, often late hours to ensure safe, clean working environments.
Their job duties include sanitizing surfaces, cleaning floors, cleaning windows, and sometimes tending to furnaces and boilers. Some custodians even clear snow from sidewalks when the weather gets cold.
Despite their importance in the workplace, many employers take advantage of custodians by failing to pay overtime wages. An employer might do this by misclassifying custodians as independent contractors, believing this will override the overtime pay requirements. However, having an independent employment contract does not exempt them from overtime pay.
How Many Janitors and Custodians Work in the United States?
According to data from the Bureau of Labor Statistics, over 2.1 million janitors and custodians are employed across the United States. This number excludes maids and housekeepers. Unfortunately, many of these workers are often the victims of wage theft.
Which States Employ the Highest Number of Janitors and Custodians?
In descending order, the states that employ the highest number of custodial and janitorial workers are California, New York, Texas, Florida, and Illinois.
Can Custodians Earn Overtime Wages?
Under the Fair Labor Standards Act (FLSA), most employees are entitled to receive overtime pay. This federal law also gives employees the right to earn a state or federal minimum wage, whichever is higher. If a janitor or custodian is entitled to overtime, but their employer won’t pay, they can file a claim under the FLSA. Employers who fail to pay overtime for nonexempt employees who work more than 40 hours in a workweek are committing wage theft.
The Fair Labor Standards Act guarantees an overtime pay rate of 1.5 times the regular pay rate for nonexempt employees. If a janitor earns $10 per hour normally, their overtime rate would be $15 per hour.
Common ways in which employers commit overtime violations include the following.
- Paying a normal rate instead of an overtime rate for hours worked over 40 in a workweek
- Requiring work off the clock before or after a shift
- Misclassifying an employee as exempt from overtime
- Classifying an employee as an independent contractor to avoid paying overtime
If you are a custodian or janitor with unpaid overtime, contact a Texas employment lawyer with Leichter Law as soon as possible. We will examine the facts of your case and help you gather evidence to support your claim.
How Can I File an Unpaid Overtime Claim as a Custodian or Janitor?
Overtime violations can result in very serious penalties for employers who are caught committing them. If you are a custodian or janitor with unpaid wages, the Leichter Law Firm is here for you.
Under the FLSA, you have the right to earn overtime pay as a non-exempt employee. When your employer fails to pay, you can file a claim to recover back wages, legal fees, and possibly court fees.
Whether your case ends up in district court or another court, we have the experience you need. Remember that you only have a limited time to file. An attorney with our firm will help you prepare your case and file before the deadline, ensuring your rights are protected along the way.
Why Should I Choose Leichter Law?
Although the legal process can seem complicated, we’re here to help you navigate it as smoothly as possible. If you were not paid overtime that you earned, an attorney with our firm will help you file a claim. When you work with Leichter Law, you work with an employment attorney who is Board-Certified in Labor and Employment Law. This will give you a leg up on your employer when filing a claim.
Contact an Unpaid Overtime Attorney at Leichter Law Today
If you are a custodian or janitor whose employer owes you unpaid overtime wages, we’re here for you. Don’t hesitate to fight for your right to full and fair compensation for the hours you work. Schedule a free consultation with our team today by calling (956) 205-0884. We will evaluate your case and give you sound legal advice on how to proceed with a claim.