Construction Workers 

There are various types of wage violations that occur in the construction industry. 

Construction workers, including working foreman, must be paid overtime compensation (time-and-a-half) for each hour worked over forty (40) hours in a workweek, regardless of how the employee is paid.  Construction workers are almost never exempt from the overtime requirements of the Fair Labor Standards and state wage and hour laws. 

One common example of how employers attempt to evade the overtime requirements of the Fair Labor Standards Act and equivalent state law is by paying their construction worker employees a considerable “day rate” for each day worked. 

For example, let’s say a construction worker is paid $300.00 per day and typically works a 10-hour workday, 5 days per week, for a total of 50 hours worked per week. The employer decides not to pay the employee overtime compensation because the employee is making $1,500 per week and receiving $30.00 per hour, far exceeding minimum wage requirements. Has the employer violated the law?         

Yes! The employer has failed to pay overtime and thus underpaid the one employee at least $150.00 that workweek (meaning thousands of dollars over the course of a year). If the employer is compensating many employees in this manner, for years, this can quickly add up to hundreds of thousands of thousands of unpaid wages owed to the workers. 

Another common problem in the construction industry is independent contractor misclassification. Construction workers classified by their employer as independent contractors are very likely owed overtime compensation for all hours worked over forty (40) in a workweek, regardless of whether the employer has classified the worker as an employee or independent contractor.   

How can we help?

Goodley McCarthy is experienced in representing workers in unpaid wage lawsuits. Typically, we bring these cases as a class action, so you won't be fighting the company by yourself. You will have a team of lawyers representing you and your co-workers. And because we take these cases on a contingent fee basis, there's no cost to you. We don't get paid unless we get money for you and the class.

​What should I do next?

Contact us today. One of our lawyers will contact you to schedule a free 30-minute consultation so that we can get your side of the story and evaluate your rights under the applicable state and federal wage and hour laws.