Migliaccio & Rathod LLP is investigating whether construction workers employed on residential, hotel, retail, and mixed-use projects in Washington’s Navy Yard neighborhood were denied overtime, paid sick leave, or employee protections.
What is the issue?
Construction workers may be called independent contractors even though they report to a fixed worksite, follow a foreman’s schedule, use plans and materials supplied by others, and perform the same work as employees.
Worker misclassification can allow an employer to avoid overtime, payroll taxes, workers’ compensation, unemployment contributions, and paid-leave requirements. It can also make workers appear responsible for business expenses that should be paid by the employer.
D.C. authorities have publicly identified large Navy Yard and NoMa projects in connection with allegations that construction workers were misclassified through subcontracting arrangements.
Workers may have experienced:
- Being paid as a 1099 contractor.
- No overtime for six- or seven-day workweeks.
- Flat daily rates despite working 10- to 12-hour shifts.
- Unpaid waiting time for materials, inspections, elevators, or access.
- Deductions for tools, safety equipment, transportation, or insurance.
- No paid sick and safe leave.
- Missing pay when moved from one subcontractor to another.
- Crew leaders retaining part of the worker’s wages.
- Hours omitted from handwritten time sheets.
- Retaliation after asking about overtime or employee status.
Signs you may be affected
- You performed construction, demolition, installation, finishing, or another construction trade on a project in the Navy Yard neighborhood.
- You worked for a subcontractor, staffing company, labor broker, or other contractor rather than directly for the project’s general contractor.
- You were paid a flat daily rate or received a Form 1099 even though a supervisor directed your daily work.
- You worked more than 40 hours in a week but did not receive overtime pay.
- You were denied employee benefits or paid sick and safe leave because you were classified as an independent contractor.
- You were required to cover your own insurance, tools, or other work-related expenses that employees are typically not required to pay.
The principal contractor may be responsible for wage violations by subcontractors even when it did not issue the worker’s paycheck.
If you performed construction, renovation, installation, demolition, cleanup, material-handling, logistics, or other site-support work in Navy Yard and believe you were misclassified or denied wages, please contact Migliaccio & Rathod LLP through the form below, by email at [email protected], or by telephone at (202) 470-3520.