Laborers who worked on some of Virginia’s major construction projects in recent years have sued subcontractors that employed them, charging wage theft in two federal lawsuits.
The suits assert that workers were not paid overtime after being intentionally misclassified as independent contractors instead of employees. The legal premise for one suit cites the employer’s relationship with the workers that includes setting schedules, providing direct and indirect worksite supervision, setting or influencing worker’s rates of pay, and “maintaining, as a practical matter, the power to fire or demote workers.”
One court filing says that according to state law, an individual who performs services for money is presumed to be an employee of the person who pays them, unless they are classified as an independent contractor under guidelines from the Internal Revenue Service.
One of the attorneys representing workers told a Virginia television station that worker misclassification is extraordinarily widespread in the construction industry. Plaintiffs’ lawyers are seeking unpaid wages, employment benefits, funds for attorney fees, and two times the amount of unpaid wages as damages.
Related Stories
Codes and Standards | Oct 24, 2018
Building design critical to prevent school shootings
Safety must be balanced with welcoming environment.
Codes and Standards | Oct 23, 2018
Codes in Florida Panhandle made buildings vulnerable to Hurricane Michael
Less stringent codes in northern parts of state linked to devastation.
Codes and Standards | Oct 19, 2018
Global Green Tag production certification standard will launch in U.S. at end of year
Australian program recognized by WELL, claims compliance with LE.
Codes and Standards | Oct 18, 2018
Federally-backed rebuilding of public buildings often leaves them vulnerable to future storms
FEMA dollars pay for reconstruction, but local decision-makers ignore climate change impacts.
Codes and Standards | Oct 17, 2018
Philadelphia plumbing code will now allow for more use of plastic pipes in high rises
Of the 50 largest U.S. cities, Philadelphia is one of just six that still require metal pipes.
Codes and Standards | Oct 16, 2018
New Disaster Recovery Reform Act will support adoption of updated building codes
Provides incentives for communities to modernize and enforce codes.
Codes and Standards | Oct 12, 2018
Boston ‘housing emergency’ prompts regional initiative for new residential construction
Mayors of 15 cities set goal of 185,000 new homes by 2030.
Codes and Standards | Oct 11, 2018
On-site staff key to energy benchmarking project for property management company
Manager training, data sharing are critical to meeting 20% utility cost reduction goal.
Codes and Standards | Oct 10, 2018
Interactive heat maps track temperature ranges in U.S. cities
Urban heat island effect can vary by as much as 37°F in the same city.
Codes and Standards | Oct 9, 2018
Power systems will become more decentralized for better disaster resiliency
Businesses, homeowners will control more power-generation capacity.