Construction workers have difficult jobs and work long hours. If you are a construction worker, you have specialized skills and you have undergone training.
You have extensive hands-on experience. When you work, you expect to be paid in a timely manner. There are specific laws and policies in place to ensure that you are paid in a timely fashion at the conclusion of a pay period.
If you don’t get paid when it is time to be paid, you will find yourself in a serious financial bind.
These laws are in place to protect you, and if you haven’t been paid as a construction worker, you do have resources available. You can pursue a claim against your employer for wage theft.
Payday Requirements For Construction Workers
If you work construction, you depend on your paycheck. Each state sets its own laws regarding pay periods. Your employer has a specific time limit for issuing a paycheck at the conclusion of a pay period.
If your employer misses that paycheck cut off date, then they are violating the employment laws. This is true even if your paycheck is just a day or two late.
When a paycheck is late, you have the grounds for pursuing a wage theft claim against your employer.
The laws regarding pay periods and when employees must be paid vary from one state to another. South Dakota allows monthly paydays, but in Tennessee semi-monthly paychecks are allowed.
Wyoming allows semi-monthly paychecks, but Wisconsin permits monthly pay. West Virginia also requires pay to be dispersed semi-monthly. Connecticut requires weekly pay, but less frequent pay periods are allowed if the labor commissioner approves it.
If it is time for a paycheck, and you haven’t been paid, you should speak with your employer. Anytime that a paycheck is not paid on time and the timeframe has exceeded the state’s laws, then you may be able to pursue a wage theft claim against your employer.
Be sure to maintain evidence and documentation for your claim, so you can prove that you have suffered losses because of your employer’s actions and wrongdoing.
What To Do If You Haven’t Been Paid As A Construction Worker
If you have not been paid as a construction worker, you should act promptly.
You will need to gather all supporting evidence and documentation, such as employment contracts, employee handbooks, memos, texts, paystubs, timecards and time sheets, and statements from witnesses and coworkers.
The more supporting documentation that you can gather, the more likely you are to have a successful claim. You will also need to make sure you follow company protocol and state laws when pursuing your claim.
Your first step in getting your claim underway will be to notify your employer of the problem and ask them to address it. You should maintain documentation that shows you properly notified your employer.
If your employer doesn’t address the matter, or if you are not satisfied with the results, you will then need to contact the Labor Board to pursue a claim. They will investigate the matter and tell your employer to pay you what is owed.
If the Labor Board cannot resolve the matter, they will suggest that you file a lawsuit against your employer. You will need to prove the total amount of your wages that you are owed.
You can also claim other damages that have resulted because of the wage theft. You should consult with an employment law attorney to help you build a strong claim against your employer and calculate the total of your losses.
Get Help From A Lawyer
If you have suffered wage theft as a construction worker, you should speak with an employment law attorney. An employment law attorney is familiar with all the state and federal employment laws that apply to wage theft.
With the help of a lawyer, you are much more likely to have a successful claim. Your attorney will be able to gather supporting evidence and documentation and will be able to determine the value of your claim.
When you meet with an attorney, be sure to discuss the lawyer’s payment plans. Some attorneys require a retainer to be paid in advance while others will take wage theft cases on a contingency basis, which means that they will not be paid until you win your claim and are compensated for your damages.
You only have a limited time to pursue a wage theft claim, so complete the Free Case Evaluation Form on this page.
