10 Employment Law Pitfalls in Construction Part 4
In this four-part series, our Miami contractor attorneys are breaking down several ways that a construction firm can violate labor laws. Whether it’s insight into wage and hour law, overtime pay, recordkeeping statutes, worker misclassification, child labor laws, or workers’ compensation laws, an experienced attorney is standing by for consultation. At Cotney Construction Law, we are committed to representing construction firms for all of their legal needs.
If you are interested in catching up on this series, please read parts one, two, and three. In the final part of this article, we will discuss three more employment law pitfalls: failure to educate your workforce, retaliation, and a lack of preparation for a Department of Labor (DOL) investigation. Remember, for any construction-related legal needs, a Miami contractor attorney is here for consultation.
8. Your Workforce Isn’t Educated
As the employer, it’s critical that you understand labor laws. It’s also equally important that your workforce understands these laws. If the DOL visits your jobsite, they may want to hold private interviews with several of your employees. These interviews could impact the end result of the investigation. From educating workers on their rights under the Family and Medical Leave Act (FMLA) to displaying workplace posters required by the Wage and Hour Division (WHD), employers need to ensure their workforce is educated on labor employment matters.
9. You Retaliated After a Complaint
According to the U.S. Equal Employment Opportunity Commision, “retaliation is the most frequently alleged basis of discrimination.” When a worker makes a complaint related to labor laws, safety concerns, or discrimination, this is considered a “protected activity.” If an employer retaliates against this employee for their complaint, this can result in the employee pursuing litigation. Adverse employment actions include termination of the worker’s employment, demotion, reduced pay, reduced hours, or discrimination. If you have received a complaint or a filed charge from the EEOC, consult an attorney.
10. You’re Not Prepared for a DOL Investigation
Many construction firms would prefer to bury their heads in the sand instead of being prepared for a potential investigation by the DOL. If you receive an appointment letter from the DOL requesting access to your company records, you need to assemble these records before the government agency visits your workplace.
The most effective way to mitigate any potential issues during an investigation is to partner with a knowledgeable construction lawyer. We can assist you with examining company records and getting your documents in order. Our attorneys also represent construction firms through all phases of an investigation, including meeting with the DOL to discuss any potential violations along with the necessary corrective actions for these infractions.
Whether it’s representing your firm during a DOL hearing or ensuring DOL compliance, if you require legal representation, consult the construction attorneys at Cotney Construction Law.
If you would like to speak with a Miami contractor attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.