Whether you’re just starting your career in construction or a professor in the field, construction jobs are abundant in California for your level of experience. But it’s important to note that the wages and hourly rate paid to construction workers vary depending on several factors such as the nature of the gig, and expertise, amongst others. Often, the pay difference leads to disputes between laborers and employees. In this guide, we’ll talk about what causes these issues, what the law says, and how to address them.

Common Wage and Hour Issues in Construction

If you’re having issues at work, it’s best to seek help from a California employment lawyer, be it for workplace bully, sexual harassment, and unwarranted pay cuts amongst others. Particularly, if you’re having issues with the wage and hour rate your employer pays, an employment lawyer is in the best position to review the terms of your employment and give you the best advice for your current situation. Below are some of the common issues employees often have with employers regarding wages and hourly rates.

Overtime pay

A lot of workers in the construction industry work overtime and do not even realize they ought to be compensated. Because most workers in the construction industry are uneducated, employers often take advantage of their illiteracy to underpay them. However, this shouldn’t be the case, as overtime hours ought to be compensated at an even higher rate.

Misclassification

Misclassification is another common issue in the construction industry where employers classify workers as independent contractors instead of employees to pay them less. A worker is classified as an employee if the employer can control what is done and how it’s done. Whereas an independent contractor works independently, the employer only demands a satisfactory level of quality of work done. Misclassification is illegal and employers who do this can be charged with criminal payroll fraud.

Record keeping

Poor recording keeping is another major cause of dispute for hour rate and wages. Employers are required under the Fair Labor Standard Act to keep records of work done by employees, for a specific period using certain methods. The FLSA records protect employees and ensure they get paid for their work.

Addressing Wage and Hour Disputes

California has comprehensive employee labor laws in the country yet not every employer complies with them. So, to mitigate and resolve issues with wage and hour rate disputes, below are some resolutions employers and employees can take.

Internal resolution

There are many ways employers can go wrong when it comes to wages issues. So one of the best ways employees can resolve this is by discussing it with their employer through clear communication and negotiation.

Clear policies and training

Also, employers can prevent workers from feeling they are getting underpaid when they have a clear policy. Training employees on the company’s policy helps everyone know their job functions and consequences for tasks not done on time or properly.

Legal actions

Employees who have a strong reason to believe their employer is being unfair can seek the assistance of an employment lawyer. However, getting the law involved is often advised when resolving disputes through other means has been unsuccessful.

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