Huntington Beach Construction Labor & Employment Issues Lawyer

Huntington Beach Construction Labor & Employment Issues Attorney

When disputes or employment issues arise on the worksite, they can be challenging for individuals to handle and may delay the project. Dealing with these issues promptly is important to help things keep running smoothly. That’s when a Huntington Beach construction labor & employment issues lawyer can step in to provide aid.

At Engels-Janzen, we understand how hectic construction projects can be. Chris Engels himself was a construction worker before starting to work on construction labor law. We know that the most important thing is getting your project back on track, and we can provide the guidance and services you need to do that.

Penalties for Independent Contractor Misclassification

One of the most common issues arising from construction projects is worker misclassification. Whether a worker is an employee or an independent contractor can affect their pay, hours, and benefits, so having the correct classification is vital to a project running smoothly.

Across the country, as many as 2.1 million construction workers might be misclassified or paid off the books each year. In these situations, workers may have the right to take legal action to obtain compensation, and hiring agencies may be at risk of liability and penalties.

A common test used in California to classify a worker is the ABC test. If a worker meets all three criteria of the test, they are likely an independent contractor and not an employee. They meet the three criteria if they are:

1. Free from the control and direction that the hiring entity would normally have over its employees
2. Performing work outside the normal course of the business conducted by the hiring entity, and
3. Customarily engaged in an independently established trade, business, or occupation, doing the same type of work they are being hired to do

When workers are misclassified by the people who hire them, the hiring entity is often responsible for paying the wages the worker would be due under proper classification, as well as any other damages. They might also have to supply workers’ comp insurance or other benefits.

In most cases, there are additional civil consequences for willful misclassification. These can include fines based on the severity of the offense, as well as the loss of the opportunity to engage in further projects. As such, paying careful attention to how a worker should be classified is essential. These situations are often confusing and can benefit from the eye of a trained attorney.

Understanding Huntington Beach Construction Labor Laws

All construction workers, whether they worked on Huntington Beach’s International Surfing Museum or are renovating in Yorktown, are protected and bound by California’s construction labor laws. In addition to worker classification, there are other important subjects to be aware of. You might want to hire a construction labor & employment issues lawyer to help you understand them all.

Many workers may also be classified by the Department of Industrial Relations (DIR) based on the type of work they perform. This classification helps determine the prevailing wage for their position, ensuring they are paid a fair wage. Prevailing wage compliance is important not just after a hire, but when considering putting out a call for bids or other pre-hire documents.

To stay compliant, both workers and employers should also keep a careful track of any hours, wages, invoices, and other payment documents. This creates a record in case there are disputes in the future.

Some projects also operate on Project Labor Agreements. These PLAs are collective bargaining agreements that would be created before hiring workers. They can be tailored to fit the needs of each project and the workers, and provide a great way to maintain a balance of everyone’s needs. However, they also have requirements they must meet to remain valid.

PLAs must, among other things, prohibit employment discrimination and provide a guarantee against work stoppage, strikes, or other project delays. Creating a robust PLA can help keep a project more secure, but it should also be done with care and deep legal knowledge to make sure all requirements are covered.

Most employees also need to have some kind of workers’ comp coverage. This is especially important in construction projects, where there are so many risks and hazardous materials. Some independent contractors may also have workers’ comp insurance, although that isn’t always the case.

Lastly, nearly all construction projects must deal with permits, land-use agreements, building codes, and other regulations intended to improve quality and safety. Keeping track of these regulations and ensuring the project meets them is something an experienced construction labor lawyer can handle.

Hire a Construction Labor & Employment Issues Lawyer

In Huntington Beach, construction and extraction account for 3.1% of all labor. There were over 3,000 construction workers in Huntington Beach in 2023. Each of those workers may have been hired for different projects, meaning, in addition to the workers, there are employers, public entities, and others with potential legal concerns.

Don’t wait until someone has raised legal action to get a quality attorney on your case. Lawyers can help with many other construction labor items, including:

• Representing individuals or groups in negotiations
• Drafting PLAs that consider both needs and legal requirements
• Gathering and maintaining proper documentation
• Reviewing potential contracts to assess their legality
• Navigating the bidding process for public works projects

Of course, if your case does involve someone filing a claim, a lawyer can help with that, too. They can gather evidence, represent you in court, and help bolster the strength of your case.

Quality Legal Aid From Engels-Janzen

We know that the legal requirements surrounding construction projects and their documents can be confusing and frustrating. At Engels-Janzen, we understand the law and can apply that knowledge to your case, helping you understand the specifics of your situation.

With kind but firm dedication, we can tackle all types of construction labor & employment issues. We’ve seen many of these cases before, and that experience helps inform us how to approach the needs of your case.

Don’t hesitate to get help. Schedule a consultation with us now to find out more about what we can do for you. Or visit our office in Costa Mesa to see us in action.