Miller Cohen, PLC Detroit Employment Law Attorney
Initial Free Consultation
Local: 313-566-4787
Toll Free: 800-221-6021

Fair Labor Standards Act in the construction industry

Warmer weather has reached Michigan, which means so, too, has construction season. Like other employees in other fields, seasonal construction workers rely on their pay to support their families. Yet, since the construction industry differs significantly from professions that are office-based, many construction companies choose to take advantage of their employees, which leaves them with lost wages and unfair treatment.

Fortunately, the Fair Labor Standards Act seeks to ensure that these workers are protected from unfair practices. Under this law, which only applies to construction companies that have gross sales of $500,000 or more per year, employers in this field must adhere to wage and overtime laws. So, for example, even construction workers who work more than 40 hours a week must be paid overtime if they are considered a non-exempt worker.

Although these issues do arise from time-to-time, there are common issues seen across the construction industry. First, employers often short their employees' hours by failing to count rain delays and down time as payable work. Similarly, employers often fail to accurately record hours worked and thereby shortchange employees who work before or after their shift. Second, far too many construction companies fail to pay employees who work during their meal breaks. Under the law, these meal breaks should relieve a worker of all of his or her job duties for a period of time.

If you, your co-workers, and/or your union believe that you are being treated in a way that violates the Fair Labor Standards Act, then you need to take action. You could file a complaint with the government, but this often doesn't help you recover the damage that has been caused to you. If you want to learn more about what you can do to stop unfair practices and make yourself whole again, then you may want to discuss your situation with an employment law professional.

Source: U.S. Department of Labor, "The Construction Industry Under the Fair Labor Standards Act," accessed on Apr. 3, 2017

No Comments

Leave a comment
Comment Information
ABA American Bar Association | NELA
Super Lawyers SuperLawyers 2016
Bruce Miller
Richard Mack
Super Lawyers | Rising Stars Rising Stars 2016
Robert Fetter
Andrea Hamm

We handle cases throughout Michigan from our five offices.

Miller Cohen, PLC
600 West Lafayette Boulevard,
4th Floor
Detroit, MI 48226

Phone: 313-566-4787
Toll Free: 800-221-6021
Fax: 313-964-4490
Detroit Law Office Map

Allen Park Office
6715 Park Avenue
Allen Park, MI 48101

Phone: 313-383-2422
Toll Free: 800-221-6021
Fax: 313-964-4490
Allen Park Law Office Map

Dearborn Law Office
22027 Park St.
Dearborn, MI 48124

Dearborn Law Office Map

Temperance Law Office
9030 Secore Road
Suite A
Temperance, MI 48182
Temperance Law Office Map

Warren Law Office
8200 Old 13 Mile Rd
Suite 104
Warren, MI 48093
Warren Law Office Map