Who do I represent?
- Utility, mainline, and gathering line inspectors
- Welding inspectors and CWIs working inspection contracts
- Coating and corrosion inspectors
- Environmental and safety inspectors on pipeline projects
- Chief inspectors paid day rates without a true salary
The day rate problem
The white-collar overtime exemptions require payment on a salary basis: a guaranteed weekly amount that does not change with days worked. A day rate is the opposite of that. The Supreme Court confirmed in Helix Energy v. Hewitt that even highly paid day-rate workers fail the salary basis test and are owed overtime.
For a day-rate inspector, the law computes a regular rate by dividing the week's pay by the week's hours, then requires an additional half-time premium for every hour over 40. On inspector day rates and inspector schedules, two and three years of that adds up to serious money, and federal law usually doubles it as liquidated damages.
The 1099 problem
Inspection firms often engage inspectors as independent contractors. The label rarely survives the economic reality test. The firm lands the contract, assigns you the project, sets your day rate, and requires its reports on its schedule. That is employment under the federal overtime law, and the 1099 does not change it.
What it costs
Nothing upfront. Free consultation, contingency fee. If there is no recovery, you pay nothing, not even the costs.