Roofer Sues After Alleged 'No One Pays Overtime' Remark

A roofer has sued his employer after allegedly being told that "no one pays overtime in construction work." The claim strikes at a basic rule of U.S. wage law: what a boss says about industry custom doesn't override the Fair Labor Standards Act (FLSA), the 1938 federal statute governing minimum wage and overtime.

The case turns on a distinction that confuses many contractors. Salaried workers can be exempt from the FLSA's overtime requirement — but only within narrow categories defined by the law. The suit's core assertion, as stated in the source, is blunt: "While it is common for certain salaried workers to be exempt from the FLSA's overtime requirement, blue-collar workers are nonexempt."

What does the FLSA actually require?

The FLSA mandates overtime pay at one-and-a-half times the regular rate for hours worked beyond 40 in a week. Exemptions exist. They cover specific white-collar roles — executive, administrative and professional positions that meet salary and duties tests set by the Department of Labor.

Manual laborers don't fit those boxes. Roofers, laborers, carpenters and other tradespeople are nonexempt by default. Their pay structure — hourly or salaried — doesn't change that. A construction firm can put a roofer on salary and still owe him overtime when he crosses 40 hours.

What does this change for construction employers?

Practically, the suit is a warning. If a roofing company told a worker that "no one pays overtime in construction work," that statement itself could surface as evidence. Industry practice is not a legal defense. The FLSA's overtime obligation applies regardless of what competitors do or what a supervisor claims is customary.

For contractors, the exposure is real and cumulative:

• Unpaid overtime wages, often calculable across a two- or three-year lookback window under the FLSA
• Liquidated damages equal to the unpaid amount, which can double the bill
• Attorney fees and court costs if the worker prevails

Why the salaried-versus-blue-collar line matters

The alleged remark conflates two different legal categories. Salaried status is a payment method. Exempt status is a legal classification. They overlap sometimes — a site superintendent with hiring authority and a qualifying salary may be exempt. But physical labor on a roof doesn't qualify for any white-collar exemption, no matter how the paycheck is calculated.

Labor Department guidance has long made this point, and courts have consistently enforced it.

What comes next

The roofer's suit now moves through the courts, where the employer will have to answer for the alleged pay practices — and for the claim that overtime simply isn't paid in construction. For an industry with thin margins and long hours, the case is a reminder that the cheapest compliance strategy is the oldest one: track the hours, pay the time-and-a-half.