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
| Nov 3, 2011
Sierra Club Critical of Albuquerque Mayor’s Push to Weaken Green Code
The mayor’s plan to move to a less environmentally friendly code would mean confusion for people in the construction industry and a loss of energy efficiency and money for consumers, said Shrayas Jatkar of the Sierra Club.
| Nov 3, 2011
Lax Code Enforcement Blamed for Deaths in Turkey’s Earthquake
Despite tough safety codes approved a decade ago after earthquakes killed 18,000 people, lax enforcement led to hundreds of deaths after a recent earthquake in Turkey.
| Nov 3, 2011
International Green Construction Code Will Provide Template for Local Codes
A uniform code for green construction is being readied for publication in March.
| Oct 31, 2011
NIST issues new code requirements
Buildings taller than 420 feet are now required to include an extra exit stairwell or a specially designed elevator that occupants can use for evacuations.
| Oct 28, 2011
Los Angeles County mulling building codes for improving health
An ordinance would amend county building codes to promote better walking environments, encourage more bicycling, improve access to healthy foods (farmers markets, community gardens), and enhance project review requirements to ensure that developers include healthy-lifestyle components in their building plans.
| Oct 28, 2011
Bipartisan opposition to federal 3% withholding for contractors
Both major political parties and the Obama Administration support repealing a law that would withhold 3% of all government contracts.
| Oct 28, 2011
OSHA requires training module on top causes of construction deaths
The Occupational Health and Safety Administration (OSHA) now requires a training module on the top four causes of death for construction workers.
| Oct 28, 2011
New York City requiring building energy use to be posted online
Owners of every New York City commercial and residential building larger than 50,000 sf will have to post each building’s energy use online by 2013.
| Oct 28, 2011
New ISO standard for escalator safety
A new ISO standard specifies safety requirements for escalators and moving walks.
| Oct 20, 2011
LEED 2012 to require real-time energy, water use reporting
The LEED 2012 rating system, set to launch in November 2012, will contain features to make sure buildings function as intended, and improve over time.
