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 | May 30, 2017
Industry Groups move toward Unified Green Building Model Code in 2018
The effort involves combining ASHRAE's Standard 189.1 with the International Green Construction Code.
Codes and Standards | May 30, 2017
OSHA suspends electronic injury, illness reporting requirement
The agency is keeping records from being publicly disclosed—for now.
Codes and Standards | May 30, 2017
Florida preparing to adjust to new building elevation requirements
New floodplain maps and state code changes loom.
Codes and Standards | May 30, 2017
Heated debate over whether Calif.’s prevailing wage requirement stymies affordable housing
There’s disagreement around how much pay regulations add to cost of projects.
Codes and Standards | May 25, 2017
Technology is influencing parking requirement codes in new developments
Uber and Lyft make it easier for urban dwellers to live without owning cars.
Codes and Standards | May 25, 2017
Better Buildings Challenge Partners on track to reduce energy usage by 20% in 10 years
More than 1,000 proven solutions are now available on DOE web site.
Codes and Standards | May 22, 2017
Affordable housing initiative drives surge in residential unit permits in New York City
New permits tripled from year-ago period.
Codes and Standards | May 22, 2017
Amid labor shortage, industry groups urge government action to boost trades
AGC says a shortage of qualified workers is limiting the economy from adding more jobs.
Codes and Standards | May 19, 2017
Spate of sinkhole incidents points to neglected infrastructure investment
Suddenly appearing caverns cause deaths, evacuations, interruption of utility services.
Codes and Standards | May 18, 2017
AIA releases updated edition of its A201 flagship documents
These core documents are updated once a decade.