Construction Worker Rights
California Construction Workers Rights Lawyer
You know what it means to pull yourself up by your bootstraps. You never thank your boss for the paycheck you know you’ve earned. You take pride in a job well done. You take pictures of the work you’ve completed and marvel that you made something from raw materials, using your own two hands. You’re a construction worker. You have rights. But, all too often construction workers get the short end of the stick.
Construction worker 1099 or W-2?
Construction workers are often misclassified as independent contractors instead of employees. Effective January 1, 2020, hiring entities are required to classify workers as employees unless they meet all conditions of the ABC test:
The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
The person performs work that is outside the usual course of the hiring entity’s business.
The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
It doesn’t matter if you’re painting, plumbing, drywalling, texturing, framing, sandblasting, roofing, spouting, guttering, drilling, or installing. Most construction workers, working for a construction company, are clearly employees of the construction company.
It doesn’t matter what your boss says, or how you’re paid. If your boss can’t pass the ABC test above, you’re an employee, not an independent contractor.
As an employee, your entitled to a lot more protections than you would be if you were an independent contractor. That’s why employers always try to say employees are independent contractors.
As an employee, you’re entitled to:
- Labor Code protections regarding your wages;
- Government Code protections prohibiting harassment, discrimination or retaliation;
- Labor Code protections protecting whistleblowers;
- Health and Safety protections ensuring safe worksites; and
- Workers’ Compensation protections if you get hurt on the job.
But, employers regularly cheat construction workers by:
- Not providing at least a 10-minute paid rest period for every four-hours worked;
- Not providing at least a 30-minute meal period for every 5 hours worked;
- Not paying at least the state or local minimum wage for all hours worked;
- Nor paying at least 1.5 times the employee’s regular rate of pay for all hours worked over 8 in a day or 40 in a week;
- Not providing employees with accurate and itemized wage statements showing how many regular hours an employee worked, how many overtime hours an employee worked, the employee’s rate of pay, and itemizing every deduction (they can’t just give you cash under the table, or pay with personal check);
- Not providing safe jobsites; and
- Not carrying workers’ compensation insurance.
If you’re experiencing, or have experienced, any of these issues in the workplace, you might be entitled to compensation. An experienced employment attorney can help. We offer a fast, free, confidential case evaluation form. Your form goes straight to John’s inbox. He typically reviews and responds to each the same business day. If we think we’re in a position to help, we’ll set up a consultation. If we don’t think we’re in a position to help we want to provide you the resources necessary to understand your rights, find another lawyer, and do stuff yourself. We take all our employment cases on a contingency fee, meaning we don’t collect unless you collect. What have you got to lose?