We Represent Construction and Field Workers Denied Fair Pay in Texas and New Mexico

At Bustos Law Firm, P.C., our construction overtime lawyers are experienced advocates for workers in the building and field labor industries. Construction workers, laborers, and tradespeople perform physically demanding work that often requires long hours in challenging conditions. From commercial projects to infrastructure development, these workers are essential to growth across Texas and New Mexico. You deserve to be paid for all of your time on the job. If your employer failed to pay proper overtime wages, you may have a claim under federal and state law.

Overtime Laws That Apply to Construction Workers

Construction workers are generally protected by the Fair Labor Standards Act. The FLSA requires that non-exempt employees receive overtime pay at one and one-half times their regular rate of pay for all hours worked beyond 40 in a workweek.

Texas relies on federal law for overtime protections. New Mexico applies similar standards through its Minimum Wage Act, which generally mirrors the FLSA but may extend coverage in certain situations.

Employers have the burden of proving that a worker qualifies for an exemption from overtime requirements. Most construction workers do not meet the criteria for exemption because their jobs involve manual labor rather than executive or administrative duties.

Call 806-696-8285 to connect for a free consultation with a Construction Workers Overtime Lawyer today!

Overtime and Wage Lawyers protecting unpaid wages. Call 806-515-4951 for experienced help with overtime pay violations.

Common Overtime Violations in Construction and Field Work

Construction sites often involve tight deadlines and long workdays. Unfortunately, that can lead to wage and hour violations. Examples of common issues include:

  • Not paying overtime for hours worked beyond 40 in a week
  • Paying a flat daily or weekly rate without calculating overtime
  • Misclassifying workers as independent contractors
  • Failing to pay for travel time between job sites
  • Not compensating workers for time spent preparing equipment or materials

These practices may violate federal law, even if they are common in the industry.

Day Rates and Independent Contractor Misclassification

Many construction and field labor workers are paid using non-traditional pay structures. However, these arrangements do not eliminate overtime obligations. If you are paid a day rate or labeled as an independent contractor, your employer must still comply with the law. Classification depends on the actual nature of your work, not just how you are paid or what your contract says.

Workers who are economically dependent on a company and perform manual labor are often considered employees under the FLSA. If you are an employee, you are generally entitled to overtime pay.

Compensable Time for Construction Workers

Construction and field labor often include tasks performed outside of standard shift hours. Under federal law, employers must pay for all time that employees are suffered or permitted to work. This may include:

  • Traveling between job sites during the workday
  • Loading and unloading tools or materials
  • Attending safety meetings or required training
  • Performing setup or cleanup tasks before or after shifts

If these hours are not properly compensated, they may contribute to unpaid overtime claims.

Compensation for Unpaid Overtime Claims

Workers who are denied proper overtime wages may pursue compensation under federal and applicable state law. These claims can result in meaningful financial recovery. Potential damages include:

  • Unpaid overtime wages for all qualifying hours worked
  • Liquidated damages equal to unpaid wages
  • Attorneys’ fees and litigation costs under 29 U.S.C. § 216(b)

These remedies are intended to ensure that workers receive full compensation and that employers are held accountable.

Construction Work Across Texas and New Mexico

Construction activity is strong across Texas and New Mexico, including in cities such as Houston, Dallas, Lubbock, Albuquerque, and Las Cruces. Workers often move between job sites and may work extended shifts to meet project deadlines.

Because of these demands, many construction workers regularly exceed 40 hours in a workweek. Employers must still comply with overtime laws regardless of project schedules or labor shortages. In New Mexico, state law may provide additional protections depending on the circumstances.

Call 806-696-8285to connect for a free consultation with a Construction Workers Overtime Lawyer today!

Frequently Asked Questions for a Construction Overtime Lawyer

Q. Are construction workers entitled to overtime pay?

A. Yes. Most construction workers are non-exempt employees and must be paid overtime for hours worked beyond 40 in a workweek under the FLSA.

Q. Does a day rate or weekly pay eliminate overtime?

A. No. Employers must still calculate and pay overtime based on total hours worked if you are eligible.

Q. Can I be classified as an independent contractor?

A. It depends on the nature of your work. Many construction workers are misclassified and should be treated as employees entitled to overtime protections.

Q. Is travel time between job sites paid?

A. In many cases, yes. Travel during the workday is generally compensable and must be counted toward total hours worked.

Q. How long do I have to file an overtime claim?

A. You can typically recover unpaid wages for up to two years, or three years for willful violations.

Contact Our Construction Overtime Lawyer Today

At Bustos Law Firm, P.C., our overtime wage and hour lawyers for the construction industry are committed to protecting workers across Texas and New Mexico. If your employer failed to pay you the full overtime wages that you earned, you have the right to pursue compensation. Call 806-696-8285 or contact a construction overtime lawyer online to schedule a free, confidential consultation.

Call 806-696-8285 to connect for a free consultation with a Construction Workers Overtime Lawyer today!