I’m a Concrete Finisher. Am I Covered by the FLSA and Owed Overtime?

By Randy Estes, October 16, 2026

Concrete work runs on the clock of the concrete truck, not the clock on the wall. Pours start before sunrise to beat the heat, finishing runs late until the slab is right, and a 50- or 60-hour week is normal on a busy job. But many concrete finishers in Louisiana are paid a flat day rate, by the square foot, in cash, or on a 1099 – and never see a dime of overtime. Here is how the federal Fair Labor Standards Act (FLSA) applies to concrete finishers, and why many of them are owed more than they are being paid.

Does the FLSA cover concrete finishers?

In almost every case, yes. The FLSA covers employees of businesses that bring in at least $500,000 a year and have employees who handle goods or materials that have moved across state lines. Concrete, rebar, wire mesh, forms, power trowels, and other tools almost always come from out of state, so most concrete and construction contractors are covered. Even if a smaller company falls under that dollar figure, individual workers can still be covered in some situations.

Louisiana does not have its own state minimum wage or overtime law, so the FLSA is the law that protects concrete finishers here. It requires employers to pay at least the federal minimum wage for every hour worked and time-and-a-half for every hour over 40 in a workweek.

Concrete finishers are hands-on, manual laborers. The overtime exemptions for executive, administrative, and professional employees almost never apply to them, even if they are paid a salary or have the title of foreman. A foreman who spends the day on his knees finishing concrete alongside his crew is usually still owed overtime.

I’m paid a day rate. Do I still get overtime?

Yes. This is one of the most common violations we see in the concrete trade. A day rate is legal, but it does not cancel overtime. When you are paid by the day, the law requires your employer to add up your day rates for the week, divide by the total hours you worked to find your regular rate, and then pay you an extra half of that rate for every hour over 40.

Here is what that looks like for a finisher earning $200 a day who works six 11-hour days:

That is more than $230 in unpaid overtime in a single week. Over a two- or three-year period, it can add up to tens of thousands of dollars – before liquidated damages are added.

The same idea applies if you are paid by the square foot, by the yard, by the job, or by the slab. Piece-rate pay is legal, but your employer still has to track your hours and pay an overtime premium for hours over 40.

I was given a 1099 and told I’m an independent contractor. Am I still covered?

Possibly – and often, yes. What your employer calls you does not decide whether you are an employee under the FLSA. Courts look at the economic reality of the relationship: Who controls when, where, and how you work? Who supplies the tools and equipment? Can you make or lose money based on your own business decisions, or are you simply paid for your labor? Do you work for the same contractor job after job? Is your work an essential part of the company’s business?

A finisher who shows up where he is told, works the hours the contractor sets, uses the company’s trowels, screeds, and power equipment, and is paid a set rate for his labor looks a lot more like an employee than an independent business. The U.S. Department of Labor proposed a new independent contractor rule in 2026, but it has not been finalized, and courts continue to apply the economic reality test.

The Department of Labor has gone after this exact practice. In one case, it found that a Mississippi concrete finishing company had labeled its workers independent contractors, paid them flat day rates no matter how many hours they worked, and failed to keep accurate time records – and ordered back wages and liquidated damages for 25 workers.

I get paid in cash. Does the law still apply?

Yes. Being paid in cash, by personal check, or through an app does not take you out of the FLSA. The law also protects workers regardless of their immigration status. If you worked the hours, you are entitled to be paid for them.

What time on a concrete job counts as work?

Many finishers are only paid for the time from the start of the pour to the end of finishing. But the law often requires pay for much more. Depending on the facts, compensable time can include:

• Reporting to the shop or yard. If you are required to meet at the yard to load forms, tools, or materials before heading to the job, your workday generally starts at the yard – and the drive from the yard to the job site is usually paid time.
• Travel between job sites. Driving from one pour to another during the day is work time.
• Waiting on the truck. If you are on site and ready to work but waiting for the concrete truck or for the pump to be set up, that time generally counts.
• Setup and prep. Setting forms, laying rebar or mesh, grading, and staging tools before the pour.
• Cleanup. Washing out tools, cleaning equipment, and loading up after the job is finished.

All of these hours count toward the 40-hour overtime threshold.

What if I work for two related companies, or my hours are split?

Some contractors split a worker’s hours between two companies or two paychecks so that neither shows more than 40 hours. If the companies are related or share control over your work, the law may treat them as joint employers, and all of your hours in the week are added together for overtime purposes. Paying “straight time” for overtime hours – the same hourly rate for hour 45 as for hour 5 – is also a violation.

What about government jobs?

If you work on a federally funded construction project, such as a highway, bridge, or federal building, additional laws may require that you be paid the local prevailing wage for your trade, along with overtime. Ask about this if you are working a public job and are being paid less than others doing the same work.

What can I recover?

If your employer has not paid you the overtime you are owed, the FLSA allows you to recover:

• Your unpaid overtime (and any unpaid minimum wages)
• An equal additional amount as liquidated damages – in many cases, doubling what you are owed
• Your attorney fees and costs, paid by the employer

You generally have two years to file a claim, or three years if the violation was willful. Every week that passes, the oldest unpaid week can fall outside that window, so it is important not to wait. It is also illegal for your employer to fire you or retaliate against you for complaining about unpaid overtime.

How can I protect myself?

• Keep your own record of the days and hours you work, including the time you arrive at the yard and leave the job site.
• Save pay stubs, check images, payment app records, and any text messages about pay, schedules, or job locations.
• Take photos of sign-in sheets or schedules when you can.
• Write down the names of the contractors and job sites you work on.

Talk to a Louisiana wage and hour attorney

If you finish concrete in Louisiana and work more than 40 hours a week without overtime – whether you are paid a day rate, by the square foot, in cash, or on a 1099 – the attorneys at Estes Davis Law can review your situation. We offer a free, confidential consultation, and in most overtime cases there is no fee unless we recover for you. Call us at (225) 336-3394. Se habla español.

Related reading:

• Handed a 1099 but Treated Like an Employee?
• Should I Be Paid for My Commute or Travel Time?
• Does My Employer Have to Pay Me When I Work Off the Clock?
• Can I Be Fired for Complaining About Unpaid Overtime?

This article is general information about federal and Louisiana law and is not legal advice. Past results do not guarantee a similar outcome; every case depends on its own facts. For advice about your situation, please consult an attorney.