Migliaccio & Rathod LLP is investigating whether construction workers assigned to the Micron semiconductor project in Clay, New York, were required to spend unpaid time traveling between contractor-designated parking areas and active construction worksites.
Large industrial construction projects often require workers to report to centralized parking locations before boarding employer-controlled transportation. Workers may be entitled to compensation if they were required to report to a designated location, wait for mandatory transportation, and travel to the worksite before paid time began.
What Workers Report
Construction workers report:
- Parking in employer-designated remote parking lots.
- Waiting for contractor-operated buses or vans before each shift.
- Riding mandatory transportation to construction areas.
- Remaining under employer direction during transportation.
- Carrying required tools and equipment while traveling.
- Spending substantial unpaid time before and after each shift.
- Working overtime without receiving compensation for shuttle time.
- Entire crews following identical transportation procedures.
Why Workers Should Be Concerned
The Micron project is expected to become one of the largest semiconductor construction projects in the United States. Large-scale industrial projects frequently rely upon centralized transportation systems to move thousands of workers safely and efficiently between parking areas and construction zones.
If workers are required to report to contractor-controlled parking facilities and use mandatory transportation before reaching their assigned work areas, the associated waiting and travel time may be compensable under federal and New York wage laws.
Over the life of a multi-year construction project, unpaid transportation time may amount to hundreds of hours of uncompensated work, potentially affecting both straight-time wages and overtime compensation.
This investigation seeks to determine whether contractors on the Micron project properly compensated workers for all required shuttle, waiting, and access time.
Potential Claims May Include
- Failure to pay wages for all hours worked
- Failure to pay overtime
- Fair Labor Standards Act violations
- New York Labor Law violations
- Recordkeeping violations
- Unjust enrichment
Signs You May Be Affected
You may be affected if:
- You worked on the Micron Clay construction project.
- You were required to park in a designated contractor parking lot.
- You rode a mandatory shuttle or bus to the worksite.
- You were not paid for waiting or transportation time.
- The unpaid time resulted in lost overtime compensation.
- Other workers on your crew followed the same transportation procedures.
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.