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 26, 2020
New seismic provisions for the National Earthquake Hazards Reduction Program released
The provisions present a set of recommended improvements to the ASCE/SEI 7-16 Standard.
Codes and Standards | Oct 22, 2020
More than 130 building projects have engaged LEED’s Safety First Credits in response to COVID-19
Best practices helping companies develop and measure healthy, sustainable, and resilient reopening efforts.
Codes and Standards | Oct 21, 2020
New technologies and techniques can ‘future-proof’ buildings
Net-zero principles may give buildings longer lives.
Codes and Standards | Oct 20, 2020
Updated AIA Contractor’s Qualification Statement and Warranty Bond documents available
Statement now includes safety protocols and plans, sustainability, and BIM experience.
Codes and Standards | Oct 19, 2020
NEXT Coalition chooses five pilot projects to fight COVID-19 on jobsites
Mobile platforms, wearable sensors, AI video systems among the trial solutions.
Codes and Standards | Oct 15, 2020
Neighborhoods Now offers cost-effective, DIY designs in response to COVID-19 pandemic
Designs include barriers for outdoor dining, sidewalk retail displays, and modular seating for public spaces.
Codes and Standards | Oct 14, 2020
Standard contract document for prefab and modular building released
ConsensusDocs addresses the most common prefabricated construction use-case scenario.
Codes and Standards | Oct 13, 2020
Austin is first major Texas city to adopt wildfire code
New ordinance based on the International Wildland-Urban Interface Code.
Codes and Standards | Oct 12, 2020
Guidance offered for K-12 schools to support students with asthma
Green purchasing policies for cleaning, filters, furniture and other products encouraged.
Codes and Standards | Oct 7, 2020
More energy efficiency programs are encouraging zero-energy projects
At least 20 programs for new construction, major renovations emerge.