During busy seasons many construction workers are required to work six or seven days per week up to twelve hours per day. Frequent violations that are common include requiring laborers to report to the office or yard where they are required to obtain work assignments, load tools and equipment into work trucks or vans and to then drive to the jobsite. So long as employees are required to report to the construction office or yard prior to driving to the worksite, the time spent traveling to and from the jobsite is compensable.
If you are working for a contractor who requires that you travel to and from jobsites in the company truck or van, you are likely owed wages for all hours that you spent commuting to and from the jobsite.
Many contractors who claim to pay a “day rate” for work performed each day fail to pay overtime when employees work more than forty hours in a week. All too often, as well, contractors deduct from the “day rate” when an employee works less than the standard number of hours, such that the “day rate” only may benefit the employer. Improper day rate pay shorts employees of their overtime pay and is frequently a disguised hourly pay where an employer will unlawfully deduct from the “day rate” when employees work less than a full work-day while failing to pay any additional compensation when working more than forty hours per week.
Many contractors improperly claim that employees are independent contractors, notwithstanding that the employees must report to a supervisor and do not have independent control of their work, and pay overtime wages in cash. Work performed for or on the behalf of governmental entities is typically required to be paid at the Prevailing Wage Rate, which is typically the union rate with all applicable benefits.
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