In general, most employees that work as pest technicians or lawn care workers are entitled to overtime.  However, many employers use schemes designed to underpay such employees. 

Common violations of the law for these industries include:

Pay straight time for overtime. Many employers simply decide not to pay overtime at all and instead just pay their employees the same hourly rate regardless of the number of hours the employee works.  For example, an employer may pay $15 dollars an hour for hours 1 through 40 in a week and then still pay only $15 an hour for every hour thereafter.  If your employer is paying you straight time for overtime, your employer is likely violating the law and you are owed wages. 

Failing to Pay Overtime on Bonuses or Commissions. Many employers pay their employees an hourly rate plus bonuses or commissions but only pay overtime on their employees’ hourly wages.  In general, the law requires that an employer pays overtime on all the money an employee receives in a work week, including bonuses or commissions.  For example, if your employer pays you $15 an hour and also pays you $200 in a week for hitting a sales or production goal and you worked 50 hours that week, your employer likely needs to include that $200 bonus in calculating the amount of overtime you should have been paid. 

Paying an Improperly Implemented “Chinese Overtime” System. Some employers pay overtime using what is known as the fluctuating workweek method of calculating overtime.  This is also known as “Chinese Overtime.”  Under this system, an employer pays a flat weekly salary plus overtime.  While employers can legally use this method of payment, its use requires an employer to meet a series of very detailed and technical prerequisites.  If you are paid Chinese Overtime, your employer may be breaking the law.