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 6, 2020
LEED, GBCI rating systems spur resilience-enhancing strategies
Expanded programs, resources address impact of climate change.
Codes and Standards | Oct 6, 2020
International Code Council to hold inaugural online education event
Week-long ICC Learn Live will include panel conversations, keynotes, and breakout sessions around key topics in building safety.
Codes and Standards | Oct 5, 2020
Guides addressing fenestration anchorage updated
First update to decade-old technical documents released.
Codes and Standards | Oct 1, 2020
Deadline extension for LEED 2009 project certifications
Delivery timeline delays due to COVID-19 pandemic prompt action.
Codes and Standards | Sep 29, 2020
New drinking water standard criteria further restricts lead leaching in plumbing products
Tightened standard applies to endpoint devices that dispense drinking water, and other plumbing components
Codes and Standards | Sep 29, 2020
Groups sue CDC over eviction moratorium
Natl. Apartment Assn. and New Civil Liberties Alliance want hearing by October.
Codes and Standards | Sep 24, 2020
Benefits of building enclosure commissioning include reduced costs
Savings achieved in less rework and fewer and shorter punch lists.
Codes and Standards | Sep 23, 2020
Intl. Code Council aims to stay ahead of new tech, efficiency trends, and resiliency
Passive survivability, social resiliency, and community health among the goals.
Codes and Standards | Sep 22, 2020
Air cleaners, chemical and UV treatments among tools to safeguard indoor air amid pandemic
Strategies augment social distancing, increased air flow to combat COVID-19 spread.
Codes and Standards | Sep 21, 2020
No ease of lumber price spikes in sight
Wildfires strike Northwest timber industry in wake of Covid-19 shutdowns.