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At Briggle & Polan, PLLC, we represent field service technicians in Texas in unpaid overtime cases under the Fair Labor Standards Act (FLSA). Commonly, field service technicians are misclassified by their employers as non-exempt or salaried employees, not subject to overtime compensation. Many such workers are improperly paid only by the job and not paid for all hours worked or any overtime compensation. The FLSA sets basic requirements for payment of minimum wages and overtime compensation. The law presumes that employees are entitled to overtime compensation unless certain narrow exceptions are met by the employer.
Field service technicians are also referred to as service engineers, inspectors, repairmen, field workers, computer specialists and copy repair workers. Overtime violations include only paying per job, failing to pay for travel time between work sites and pay for excessive travel time, failing to pay for hours worked after regular work hours, time spent working off the clock, failing to pay for performing repair work after hours and refusing to pay overtime compensation.
Most field service technicians work in mobile repair, trouble-shooting and assessment of equipment problems. Such travel time may include local, regional, territorial or overtime travel across the United States. Equipment that is repaired commonly includes appliances, cable systems, electronics, heating and cooling systems, ventilation, heavy equipment repair, diesel engines, computers and computer networks and systems. Such service technicians must be paid an amount equal to the minimum wage for hours worked and overtime for hours worked in excess of 40 hours per week.
The Department of Labor, Division of Wage and Hour has been particularly specific that field service technicians are entitled to overtime compensation, regardless of their employer’s pay structure. The Department of Labor specifically noted that “[i]t is our opinion that the field service technicians are best characterized as highly skilled technicians and would not qualify as exempt administrative employees within the meaning of the regulations,” and therefore such employees are entitled to overtime compensation. If you are a field service technician whose employment rights have been violated, contact our office direct at 512-472-1926 or toll free 866-247-HELP for a FREE consultation.
Field service technicians are often mistreated in their compensation and employment rights. Such improper business practices include a continuing refusal of employers to pay overtime compensation to service workers. Repair technicians are entitled to overtime compensation, regardless of the establish pay structure of their employer.
Compensable work time for service technicians includes all time spent on work tasks, including time spent at the office before going on calls, repairing equipment after hours, checking work orders, obtaining supplies and materials, traveling between jobs and excessive travel time, test of instruments, site service, test and repair of equipment on site, providing service under maintenance contracts, initiating customer support by phone, performing duties provided by a service manager, ensuring quality control, meeting with customers, attending office meetings, performing work in a service van or repair vehicle, managing inventory and supplies.
Many field service techs work for Charter cable installation companies, communications and telecommunications companies, maintenance and computer network and system repair companies. Such businesses are commonly found responsible for wage and hour violations, including requiring work to be performed off the clock, failing to properly calculate bonuses and commissions, paying piece rate wages, inaccurate time sheet accounting, failure to maintain accurate time records, instructing employees to not claim overtime compensation, failing to pay for meetings and certain work hours, making improper deductions from pay checks, only paying a fixed hourly rate without overtime compensation and not paying for overtime hours worked.
Companies employing field service technicians also further commonly misclassify employees as independent contractors and therefore wrongfully deny their employees of pension, health, disability and other benefits of employment.
Field service technicians who are improperly denied wage and hour benefits of employment have rights and should contact Briggle & Polan, PLLC, directly at 512-472-1926 or toll free 866-247-HELP or by filling out our contact form. We most commonly handle wage and hour cases on a contingency fee basis. Call for a free consultation.
We return client calls promptly. We work diligently, often seven days a week, to move cases forward so a fair result can be achieved as quickly as possible. If the insurance company is not willing to settle your claim fairly, we are fully prepared to take your case to trial.
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