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 | Dec 14, 2016
Cities must invest $375 billion to avoid catastrophic global climate change
C40 Cities Climate Leadership Group advocates low carbon infrastructure.
Codes and Standards | Dec 14, 2016
Resilient construction techniques pay for themselves over lifetime of buildings
Spending $340,000 for resiliency would pay for itself over the lifetime of a $10 million structure.
Codes and Standards | Dec 12, 2016
Dept. of Energy launches program to advance zero energy school design
Six school districts and two states are among the first to mainstream zero energy schools.
Codes and Standards | Dec 9, 2016
California city’s plan for net zero building includes net zero water usage
Santa Monica city services building aims for highest level of sustainability.
Codes and Standards | Dec 8, 2016
WELL and BREEAM to align standards
The goal is to make it easier for projects pursuing both standards.
Codes and Standards | Dec 7, 2016
U.S. lumber industry pushes for import duties on Canadian softwood
The industry claims the product is being sold below fair market value.
Codes and Standards | Dec 5, 2016
International Construction Measurement Standards draft released
The goal is to improve consistency for calculating costs and reducing risk.
Codes and Standards | Dec 2, 2016
D.C. Council passes bill to reduce number of blighted properties
The new legislation reduces the amount of time a vacant property can qualify for a lower tax rate.
Codes and Standards | Dec 1, 2016
Passive House standard gaining influence in commercial sector
Some industry watchers predict it will become the base building code.
Codes and Standards | Nov 30, 2016
Researchers finding solutions to bird/building collisions
Glass facades pose a serious risk to birds and cause millions of avian deaths each year.