Migliaccio & Rathod LLP is investigating whether construction workers assigned to the Las Vegas Athletics ballpark project are required to spend unpaid time traveling between remote parking areas and the ballpark construction site.
The project is being developed under a labor agreement involving organized building trades and major construction contractors. If workers are directed to park away from the active site and must use employer-controlled buses or shuttles to reach their assigned work areas, time spent waiting for and riding that transportation may be compensable.
What Workers Report
Construction workers may report:
- Being assigned to a remote employee or contractor parking area.
- Being prohibited from parking at or near the active worksite.
- Waiting for buses or vans before the beginning of the paid shift.
- Riding employer-operated or contractor-arranged transportation to the project.
- Passing through security, badging, check-in, or controlled entry procedures.
- Receiving work instructions, assignments, or safety information before boarding.
- Carrying tools, equipment, or required protective gear on the shuttle.
- Spending substantial unpaid time traveling to and from the Las Vegas Athletics ballpark site.
- Experiencing delays when transportation was late, overcrowded, or unavailable.
Why Workers Should Be Concerned
A normal commute generally ends when an employee reaches the employer-designated reporting location. If workers are required to park at a remote lot and cannot independently access the construction site, the transportation from that point may be part of the workday rather than an ordinary commute.
The analysis may be especially favorable where workers must report at a fixed time, check in with supervisors, collect equipment, receive assignments, attend roll call, pass through security, or follow contractor instructions before or during the shuttle trip. These facts may show that workers are under the employer’s control and performing activities required for the employer’s benefit.
Unpaid shuttle time can create significant wage losses. A worker who spends 30 minutes traveling in each direction may lose five hours of pay during a five-day week. Where the additional time pushes total hours above 40, workers may also be entitled to unpaid overtime premiums.
This investigation seeks to determine whether Mortenson, McCarthy, subcontractors, staffing companies, or other project employers use mandatory remote parking or transportation systems and whether workers are paid for all required waiting, access, and shuttle time.
Potential Claims May Include
- Failure to pay for compensable work time
- Failure to pay minimum wages
- Failure to pay overtime
- Fair Labor Standards Act violations
- Nevada wage-and-hour law violations
- Recordkeeping violations
- Unjust enrichment
Signs You May Be Affected
You may be affected if:
- You performed construction work on the Las Vegas Athletics ballpark project.
- You worked for Mortenson, McCarthy, a joint venture, subcontractor, staffing company, or trade contractor.
- You were instructed to park in a remote lot.
- You were required to use an employer-controlled bus, van, or shuttle.
- You waited for transportation before clocking in or after clocking out.
- You passed through security, badging, or check-in procedures before reaching the worksite.
- You received assignments, handled tools, or followed supervisor instructions before the paid shift began.
- You were not paid for all required shuttle, waiting, or access time.
- The additional time caused you to work more than 40 hours without receiving all overtime due.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.