Landscapers and day laborers often work long hours performing physically demanding tasks such as mowing, planting, excavation, tree removal, and property maintenance. Many are paid a flat daily rate rather than an hourly wage, while others may be paid in cash or classified as independent contractors.
Although these pay arrangements are common throughout New York and across the United States, they can sometimes result in workers being denied overtime pay, misclassified, or otherwise underpaid despite working more than 40 hours per week.
At The Bell Law Group, our New York employment law attorneys understand the challenges faced by landscapers, day laborers, and other manual workers. Let’s explain the rights available to you under the law, discuss common wage violations, examine when daily-rate pay arrangements may be unlawful, and explore options for recovering unpaid wages and other compensation. To discuss your situation with our workers’ rights lawyers, contact our law firm today. Consultations are free and confidential.
Key Takeways:
- A daily rate for a day laborer may be illegal if the worker earns less than the New York minimum wage for their hours worked, the worker is not properly compensated for any overtime, and the worker is misclassified as an independent contractor.
- In addition, New York Labor Law (NYLL) § 191 states that manual workers must be paid weekly for any wages earned in the week.
- If you are an undocumented worker, your employer is not legally allowed to report you to Immigration and Customs Enforcement (ICE) simply because you asked about your wages. Migrants have protections from retaliation.
- You can seek up to six years of unpaid overtime and back pay in New York. This potentially includes liquidated damages.
When Is a Daily Rate Illegal for Day Laborers in New York?
There are three situations in which a daily rate would be considered illegal for a landscaper or day laborer: the rate is less than the minimum wage, overtime goes unpaid, the worker has been misclassified, and the worker is not paid at least every seven days.
Let’s explore each of these in more detail.
The Daily Rate Is Lower Than the Minimum Wage
A New York day laborer’s daily rate must at least meet the minimum wage in the state. New York’s current minimum wage in 2026 is as follows:
- $17 per hour in New York City, Westchester County, and on Long Island
- $16 per hour in the rest of New York State
Say that a day laborer worked a full eight hours on Long Island. Their daily rate would need to be at least $136 to be legal.
The Day Laborer Is Not Compensated for Overtime
Day laborers who work more than eight hours in a day must be compensated for their time in excess of eight hours.
For a day laborer on Long Island whose daily rate is equivalent to the minimum wage, their overtime must be equivalent to $25.50 per hour.
The Laborer Is Misclassified as an Independent Contractor
Some people may employ a day laborer as an independent contractor yet they still control the worker’s schedule, provide the worker with equipment and tools for the job, and direct how the specified work is to be performed.
There’s a chance that this worker could be considered an employee rather than an independent contractor.
The Manual Worker Is Not Paid at Least Once Every Seven Days
Per NYLL § 191, manual workers in New York must be paid no later than seven calendar days after the end of the week in which they earned wages. If payment is delayed or withheld beyond that time, the worker has a potential wage dispute to seek their late pay.
Can My Employer Report Me to ICE for Asking About My Wages?
No. Employers cannot legally retaliate against employees for asserting their rights under federal wage and hour laws, regardless of their immigration status. If an employer threatens to report you to immigration authorities because you complained about unpaid wages or overtime, you should speak with an employment law attorney immediately.
We know that many undocumented workers are concerned about being detained by ICE agents or targeted by local law enforcement. Yet you do have rights, and we can help.
The Bell Law Group provides free and confidential consultations. All details remain private to avoid jeopardizing your employment or the safety of you and your loved ones.
Why Are Landscapers and Day Laborers Often Paid a Daily Rate?
Landscaping companies, tree service businesses, construction contractors, and other employers that rely on manual labor frequently pay workers a flat daily rate for the following reasons.
Payroll Is Simpler
A daily rate allows employers to pay a fixed amount for each day worked rather than tracking hourly wages. This can simplify payroll, particularly for businesses that manage multiple crews, changing schedules, and numerous job sites.
Work Hours Often Vary
Landscapers and day laborers do not always work the same number of hours each day. Weather conditions, travel between job sites, seasonal demand, and project deadlines can all affect how long a shift lasts. Some employers use daily rates because they view them as an easier way to compensate workers whose schedules frequently change.
Employers Want Predictable Labor Costs
A daily rate allows an employer to know exactly how much a worker will cost each day. This can make it easier to estimate labor expenses when bidding on projects or managing operating costs.
Why Daily Rates Can Create Problems for Workers
Paying employees a daily rate is not inherently unlawful, but problems can arise when employers assume that a daily rate replaces overtime requirements or other protections under federal wage laws.
What Rights Do Landscapers and Day Laborers Have Under Federal Wage Laws?
The Fair Labor Standards Act (FLSA) provides many landscapers and day laborers with the following protections:
The Right to Receive at Least the Minimum Wage
Covered employees are generally entitled to receive at least the applicable minimum wage for all hours worked. Employers cannot use deductions or pay arrangements that reduce a worker’s earnings below the minimum wage required by law.
The Right to Overtime Pay
Landscapers and day laborers frequently work long shifts and six-day workweeks, particularly during busy seasons. Federal law often requires employers to pay overtime compensation when covered employees work more than 40 hours in a week, even when they are paid a flat daily rate rather than an hourly wage.
Proper Record Keeping
Employers are required to keep records of all wages paid and of all hours worked. For your own protection, it’s worth keeping your own records on your employer’s name, address, phone number, email, your hours worked, and any payments received.
Common Wage Violations Affecting Landscapers and Day Laborers
The employment attorneys at The Bell Law Group frequently assist landscapers and day laborers with the following wage and hour issues:
Daily-Rate Overtime Violations
One of the most common violations occurs when employers pay workers a flat daily rate and assume that overtime rules no longer apply. For example, a landscaper may receive $200 per day regardless of whether they work 8 hours or 12 hours.
However, many workers who are paid a daily rate remain entitled to overtime pay when they work more than 40 hours in a workweek. Simply paying a daily rate does not eliminate an employer’s overtime obligations.
Unpaid Travel and Prep Time
Many landscaping crews do not begin their day at the first job site. Workers may be required to report to a yard, load trucks, gather equipment, receive assignments, or travel between multiple locations before work is completed. In some circumstances, this time may count as compensable work time.
Illegal Deductions
Some employers deduct the cost of equipment, tools, uniforms, fuel, or other work-related expenses from an employee’s wages. While certain deductions may be permissible, others can create minimum wage violations or improperly reduce a worker’s earnings. These issues are particularly common in industries where employees rely on specialised equipment to perform their jobs.
Independent Contractor Misclassification
Employers sometimes classify landscapers and day laborers as independent contractors rather than employees. In reality, the label used by an employer does not determine a worker’s legal status. A worker who follows a company schedule, uses company equipment, and performs work under a supervisor’s direction may still qualify as an employee under federal law. Misclassification can deprive workers of overtime pay and other important workplace protections.
What Legal Remedies Might Be Available for Day Laborers?
If you have been denied overtime pay or otherwise underpaid, the following forms of recovery may be available:
Recovery of Unpaid Wages
State and federal law may allow workers to recover overtime compensation that should have been paid but was not. The amount recoverable will depend on factors such as the hours worked, the pay arrangement, and the duration of the violations.
Liquidated Damages
In many Fair Labor Standards Act cases, workers may also be entitled to recover liquidated damages. These damages are often equal to the amount of unpaid wages owed.
For example, a worker owed $5,000 in unpaid overtime compensation may also be entitled to an additional $5,000 in liquidated damages. As a result, the total recovery could potentially double.
Attorney’s Fees and Costs
Federal law may also allow successful employees to recover reasonable attorney’s fees and litigation costs. This helps workers enforce their rights without bearing the full financial burden of a legal claim.
Collective Actions
Wage violations often affect entire crews rather than a single worker. In some circumstances, employees who experienced similar violations may be able to pursue their claims together through a collective action.
Steps to Take If You Believe You Have Been Underpaid
If you believe you have been underpaid, taking the following steps can strengthen your wage and hour claim.
Keep Records of Your Hours Worked
If possible, maintain your own record of start times, finish times, meal breaks, and days worked. This can be particularly important for landscapers and day laborers who work at multiple locations or whose hours are not consistently recorded by their employer.
Preserve Pay Records and Communications
Pay stubs, direct deposit records, work schedules, text messages, emails, and other employment-related communications can provide valuable evidence in a wage dispute. Preserving these records may help establish both the hours worked and the compensation received.
Contact a Wage and Hour Attorney
The New York employment attorneys at The Bell Law Group can assess whether your employer properly calculated overtime, classified you correctly, and complied with applicable wage laws. If violations occurred, we can explain the options available to recover unpaid wages and other compensation.
Why Landscapers and Day Laborers Turn to The Bell Law Group
Pursuing unpaid wages can be stressful, but The Bell Law Group is here to help. Workers in New York and across the United States choose our firm because we offer:
Decades of Employment Law Experience
Established in 2002, The Bell Law Group has spent decades representing employees. Our attorneys have extensive experience handling wage and hour claims involving unpaid overtime, worker misclassification, and other violations of federal employment laws. We understand the challenges workers face when seeking compensation they have earned but not received.
A Commitment to Hardworking People
Landscapers, day laborers, and other manual workers often perform physically demanding jobs that require long hours and considerable effort. The Bell Law Group has a history of successful case results involving blue-collar and service employees, which includes securing unpaid wages and overtime for restaurant workers who were only paid in tips.
Frequently Asked Questions About Daily Rates for Manual Workers
Below are some of the most common questions we receive from landscapers and day laborers who believe they may be owed wages.
Can I recover unpaid overtime if I was classified as an independent contractor?
Possibly. An employer cannot avoid overtime obligations simply by labeling a worker as an independent contractor, and workers who have been misclassified may still be entitled to recover unpaid overtime and other compensation.
Does travel time between job sites count as paid work time?
Travel between job sites during the workday often counts as compensable work time, though the answer depends on the specific circumstances and the nature of the travel.
How far back can I recover unpaid wages or overtime compensation?
In New York, you can seek up to six years of back pay. This is in line with the statute of limitations to file a labor-related legal action per NYLL § 198(3). It’s best to speak with a New York employment law attorney as soon as possible to seek the wages you are owed.
Have You Been Underpaid? Learn More About Your Legal Options
You are entitled to receive every dollar you have earned. At The Bell Law Group, we are committed to helping workers assert their rights and pursue the compensation they are owed. For more information about wage and hour disputes or other employment-related matters, contact our employment law office today.
