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 | Aug 31, 2020
Fenestration alliance updates fenestration sealants guide
First update to 2009 document.
Codes and Standards | Aug 25, 2020
Platform will allow researchers to test energy system integration at scale
The U.S. Department of Energy’s (DOE’s) National Renewable Energy Laboratory (NREL) recently launched the Advanced Research on Integrated Energy Systems (ARIES) platform.
Codes and Standards | Aug 20, 2020
Wariness of elevators may stymie office reopening
Workers could balk at returning to high-rises.
Codes and Standards | Aug 19, 2020
Existing laws may be restricting efforts to cut carbon emissions
Outdated policies favor fossil fuels.
Codes and Standards | Aug 18, 2020
Florida becomes the third state to adopt concrete repair code
Sets minimum requirements for design, construction, repair of concrete structural elements in buildings.
Codes and Standards | Aug 17, 2020
ASCE seeks comments on seismic standard
Pertains to design criteria for nuclear facilities.
Codes and Standards | Aug 13, 2020
COVID-19 reboot guide offers strategies for reopening K-12 schools
Looks at space considerations for reopening at different scales.
Codes and Standards | Aug 12, 2020
Document provides guidance for mass timber construction
Overview of Intl. Building Code requirements included.
Codes and Standards | Aug 11, 2020
Inefficient air conditioning is a key contributor to global warming
More efficient equipment and buildings could make a big difference.
Codes and Standards | Aug 10, 2020
Concrete Institute and Post-Tensioning Institutes expand partnership
Will collaborate on new structural post-tensioned concrete code requirements.