What Construction Workers Need to Know About Overtime Pay

Long hours are a reality on most construction sites. Whether you're framing houses, pouring concrete, or operating heavy equipment, it’s physically demanding work—and it doesn’t stop when the clock hits 40 hours.

That’s why the Fair Labor Standards Act (FLSA) protects most construction workers across the country. This federal law guarantees one and a half times the regular pay for every hour worked beyond 40 in a workweek.

Even if you’re highly skilled, earn union wages, or work on complex projects, you’re likely not exempt from these rules. Under the FLSA, construction is classified as manual labor, and that means you’re covered.

Why Construction Workers Usually Aren’t Exempt from Overtime

Section 13(a)(1) of the FLSA lays out exemptions from minimum wage and overtime, but they only apply to specific “white-collar” jobs.

These exemptions are limited to:

• Executive
• Administrative
• Professional
• Outside sales
• Certain computer-related roles

To qualify as exempt, a worker must:

• Be paid on a salary or fee basis
• Earn at least $684 per week
• Perform job duties that match one of the listed exemption categories

This is exactly why construction workers typically don’t qualify for exemption. Most construction roles involve hands-on, physical labor—work that is based on training, skill, and experience, rather than the advanced academic education required for white-collar exemptions under the FLSA.

Bottom line: If you’re doing physical, manual work on a construction site, you’re probably entitled to overtime pay.

Construction Work Falls Under “Blue-Collar” Protections

Under the FLSA, wage and hour protections extend beyond just hourly workers; they also apply to most manual labor jobs, including those paid a salary or higher wage.

If your job involves physical labor, operating tools or heavy equipment, or working with your hands, you're considered a blue-collar worker under the law. In nearly all cases, blue-collar employees are entitled to receive overtime pay for any hours worked beyond 40 in a workweek, with no exceptions for experience, skill level, or pay grade.

Common Construction Jobs That Must Get Overtime  

The FLSA makes it clear: most hands-on construction roles do not qualify for overtime exemptions, regardless of pay or job title. What matters most is what you do, not what you're called or how much you earn.

Here are some of the common construction jobs that are typically nonexempt:

• Carpenters
• Electricians
• Plumbers
• Ironworkers
• Operating engineers
• Roofers and masons
• Construction laborers and helpers
• Mechanics and craftsmen
• Longshoremen and dock workers

Whether you're framing homes, running electrical lines, pouring concrete, or repairing equipment, you’re likely entitled to time-and-a-half pay for every hour over 40 in a workweek. Don’t let the paycheck size or title fool you; the law is on your side.

Training Doesn’t Equal Exemption

Completing an apprenticeship or mastering your trade on the job is no small feat; it takes real skill. However, under federal labor law, training alone does not make a job exempt from overtime.

To be legally exempt, a job typically requires an advanced academic degree, rather than just hands-on experience or technical expertise. And while construction work is often highly skilled, it doesn’t fall under the FLSA’s exemption categories.

Unless you’re in a true management role, making high-level decisions and supervising others full time, you’re still entitled to overtime pay.

Why This Matters—for Both Workers and Employers

If you're working long hours in construction and not getting paid overtime, you're likely missing out on thousands of dollars each year. And that’s not just unfair—it’s illegal.

For employers, misclassifying workers as exempt can result in severe consequences, including back pay claims, government penalties, and even lawsuits. The safest path forward? Follow the law and classify workers based on their actual job duties, not just their title or pay rate.

Disclaimer: This information is based on fact sheets the DOL provides.

Worried You’re Missing Out on Overtime?

Construction workers don’t fall under the FLSA’s white-collar exemptions. If your job is physical, repetitive, and doesn’t require a specialized academic degree to start, then you should be earning overtime for every hour worked beyond 40 in a week, no matter how experienced or well-paid you are.

At Morgan & Morgan, we acknowledge the role construction workers play in building our great nation. That’s why we’re always at the frontline, fighting for their right to earn what they’re owed.

If you believe your pay isn’t adding up and your employer isn’t addressing the issue as they should, we may be able to step in and hold them accountable. To get started, please contact us by filling out our free case evaluation form. That way, we’ll be able to review your case and determine whether you have a valid case. If you do, our labor and employment lawyers might be able to represent you.