Landscaping has convinced a lot of crews that overtime is not part of the deal. It is.
Who do I represent?
- Mowing, maintenance, and grounds crews
- Irrigation and sprinkler technicians
- Tree trimming and removal crews
- Hardscape, sod, and installation workers
- Crew leaders and foremen paid day rates or straight time
What are the most common overtime violations in landscaping?
Day rates on 11-hour days. A flat $140 per day, whether the day runs 8 hours or 12, does not satisfy the overtime law. The day rate becomes the basis for calculating the true hourly rate, and time and a half is owed for every hour over 40 in the workweek.
The clock starting at the first job site instead of the yard. If your day starts at the shop loading trucks, fueling equipment, and getting the route, your paid time starts there too. The drive from the yard to the first property, travel between properties, and the return to the yard are all work time. Crews lose an hour or more a day to this pattern.
"We don't pay overtime in season." There is no busy-season exception. Overtime is calculated week by week, every week, and the 60-hour summer weeks are exactly when the violations accumulate.
Workers classified as 1099 contractors. A landscaping worker on the company's truck, using the company's equipment, working the company's route on the company's schedule is an employee under the economic reality test. The tax form does not change that analysis.
Immigration status does not change overtime rights. The overtime law protects every worker regardless of immigration status. An employer who suggests otherwise is misleading you about the law.
How does the law protect you?
The Fair Labor Standards Act requires time and a half for every hour over 40 in a workweek. The hours count from the first work activity of the day to the last, including loading, driving between jobs, and unloading. When the employer kept no real time records, the law lets you prove your hours through your own reasonable recollection. Crew schedules, route sheets, gate logs, and your phone's location history all help fill in the picture.
What could your case be worth?
Back pay covers the unpaid overtime for the recoverable period, which is two years from the date you file, or three years if the violation was willful. Liquidated damages can double that amount. Because the whole crew usually works the same schedule under the same pay plan, these cases often become group claims. The free overtime calculator on this site will give you a rough individual estimate in a few minutes.
What does it cost to bring a case?
I handle all cases on a contingency fee basis. My fee is a percentage of the recovery, agreed to in writing before the case starts. If there is no recovery, you pay nothing, not even the costs.
Contact me
If your summer weeks run long and your checks run flat, call me. I will ask about your schedule, where your day starts and ends, and how you are paid. Then I will tell you whether you have a case.
Call (512) 799-2048 or use the contact form. The consultation is free.
Doug Welmaker is a Texas-licensed plaintiff-side overtime attorney (Texas Bar No. 00788641) with more than 30 years of practice and 15 years focused exclusively on FLSA overtime cases. This page provides general legal information, not legal advice about your specific situation. No attorney-client relationship is formed by reading this page.