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ARTICLE · 30 JULY 2024

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C.
Jackson Lewis P.C.
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Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry.

United StatesEmployment and HR
Kristina H. Vaquera
Kristina H. Vaquera
Gabrielle Bohannon
Gabrielle Bohannon

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However, common mistakes can be avoided with a careful review of wage and hour practices for compliance. Below are five common bases seen in federal wage and hour claims. Keep in mind that state laws can impose additional compliance requirements.

Compensable Time

Generally, an employer must pay an employee for all time suffered or permitted to work. Failure to pay for all time worked, whether straight time or overtime, can lead to numerous claims. Whether a non-exempt employee's time is compensable turns on whether the time spent was primarily for the benefit of the employer. Typical questions in the construction industry include:

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