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
| Jul 11, 2013
DOE releases stricter energy efficiency standards for new federal buildings taking effect in 2014
The Energy Department released stricter energy efficiency standards this month for new federal buildings.
| Jul 11, 2013
Pennsylvania legislators work on bill to update demolition codes following fatal building collapse
Pennsylvania lawmakers are working on a bill to update demolition codes, in the wake of a fatal building collapse in Philadelphia in June.
| Jul 11, 2013
Lawsuit challenges modular apartment project in New York City
A plan to build pre-fab apartment buildings at Atlantic Yards in Brooklyn, N.Y., has been challenged by a lawsuit filed by the Plumbing Foundation in Manhattan Supreme Court.
| Jul 5, 2013
OSHA to launch program to protect workers from isocyanate exposure
The Occupational Safety and Health Administration (OSHA) has announced a new national emphasis program (NEP) to protect workers from serious health effects caused by occupational exposure to isocyanates.
| Jul 5, 2013
New California building code expected to boost energy demand response technology
The California master building code, set to go into effect on Jan. 1, 2014, includes a few changes that could push automated, open-standards-based demand response into the mass market.
| Jul 5, 2013
USGBC adds several new LEED pilot credits
The U.S. Green Building Council has added several new LEED pilot credits to the LEED Pilot Credit Libraryin the past few months.
| Jul 5, 2013
Spray Foam Coalition supports new professional certification program for applicators
The Spray Foam Coalition (SFC) of the American Chemistry Council announced its support of the Spray Polyurethane Foam Alliance’s (SPFA) new Professional Certification Program for spray foam applicators.
| Jul 5, 2013
Some industry insiders see design-build as easier path to LEED certification
The design-build construction delivery method may have advantages during a LEED certification process.
| Jun 27, 2013
Lease-accounting legislation could hurt construction industry
Regulatory bodies have proposed changes in how leased equipment is treated on a corporate balance sheet.
| Jun 27, 2013
AGC urges Congress, Obama to reject caps on construction workers in immigration legislation
The unemployment rate in the construction sector in May was the lowest it has been in five years, which could signal a coming worker shortage, according to the Associated General Contractors of America.
