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 | Sep 17, 2019
Zero energy buildings can be constructed with no added upfront cost
ROI can be realized in as little as one year.
Codes and Standards | Sep 13, 2019
Researchers use U. of Arkansas buildings as testbed for CLT panels
Investigation could influence future use of the materials.
Codes and Standards | Sep 13, 2019
At least 30 U.S. cities have adopted stricter building energy codes since 2017
Some followed their states in implementing more robust standards.
Codes and Standards | Sep 12, 2019
Illinois law sets maximum retainage on private projects
The change is expected to give contractors bigger checks earlier in project timeline.
Codes and Standards | Sep 10, 2019
Retreat may be the best option for some coastal communities in face of sea level rise
A new study makes the case for relocating in a "strategic, managed" manner.
Codes and Standards | Sep 9, 2019
Free app calculates maximum allowable heights and areas for buildings
A free app that calculates the maximum allowable heights and areas for buildings of various occupancy classifications and types of construction has been released.
Codes and Standards | Sep 6, 2019
Standard for assessing frame deflection using one component polyurethane foams updated
The standard offers guidance when installing fenestration products.
Codes and Standards | Aug 29, 2019
The high cost of gridlock: $166 billion per year
Growing economy means more jobs, more cars, more hours stuck in traffic.
Codes and Standards | Aug 29, 2019
Industry leaders ask for government help as trades shortage worsens
AGC asks for more funding for education and increased immigration to fill gaps.
Codes and Standards | Aug 29, 2019
Code-conforming wood design guide available
The guide summarizes provisions for the use of wood and wood products in the 2018 IBC.