Costa Mesa Construction Labor & Employment Issues Lawyer

Trusted Construction Labor & Employment Issues Attorney in Costa Mesa

A Costa Mesa construction labor & employment issues lawyer can advise contractors, subcontractors, developers, and construction firms on employment law issues and workforce needs on job sites around California. Construction projects throughout Harbor Boulevard, Newport Boulevard, Fair Drive, and State Route 55 may involve union agreements or public funding. Those factors can affect the labor used on a project.

About Us

Engels-O’Brien provides clients with first-hand construction industry knowledge. Attorney Christopher Engels worked in construction as a contractor for 25 years prior to law school. He gained experience with construction regulations, hiring and managing employees, safety requirements, vendors, clients, and insurance issues. That experience allows the firm to provide clients with practical legal advice for employment and business concerns.

Project Labor Agreements

A project labor agreement (PLA) is a collective bargaining agreement that is negotiated for the specific purpose of governing a construction project. The PLA may address wages, working conditions, union participation, and how disputes may be resolved. Public agencies may enter into PLAs on certain projects that receive public funds. Private developers may also enter into project-specific agreements.

A PLA can impact how contractors hire or assign workers to the project. These agreements can require employers to change their usual practices. Contractors should understand a PLA’s requirements and assess whether they can comply with those terms. Failure to follow the terms of a PLA can lead to legal disputes during construction.

California Public Contract Code §2500 addresses PLAs on public works projects. This statute allows a public entity to mandate that a contractor enter into a PLA if certain conditions are met. The PLA must also meet statutory requirements relating to subjects such as non-discrimination and options for dispute resolution.

A contractor should review a PLA before submitting a bid on a project. Identifying labor requirements during the bidding process can help a contractor understand how staffing or costs may be impacted.

Union Versus Non-Union Workforce Issues

Construction businesses may employ union or non-union workers depending on the job and workforce. Companies working on union projects may be bound by collective bargaining agreements. Collective bargaining agreements set employment terms that exceed California’s minimum legal standards.

Legal disputes can occur over the application of a collective bargaining agreement. Employers can face questions involving hiring practices, work assignments, job classifications, or contract grievances. Review the applicable agreement prior to taking an action that could affect a worker’s rights.

Non-union employers must still follow California employment and construction labor laws. Employers cannot avoid minimum wage or workplace requirements by using a non-union workforce. If there is no collective bargaining agreement, statutory requirements may carry more weight.

Independent Contractor Misclassification

Construction companies may use subcontractors and independent contractors on projects. California places limitations on the use of independent contractors.

Labor Code §2775 outlines the factors used to determine if the worker is an employee or independent contractor. California law presumes a worker is an employee unless the hiring party proves certain elements to qualify the worker as an independent contractor. One factor considered is the degree of control over the worker. Another factor is whether or not the scope of work is outside the usual course of business of the hiring entity.

Simply calling someone an independent contractor in writing doesn’t automatically make it so. A court or government agency can look at the relationship of the parties to make a legal determination.

Misclassifying an employee as an independent contractor can lead to disputes regarding payment. Failure to properly classify a worker can lead to claims for overtime wages and incorrect payroll practices. Evaluating worker relationships can prevent legal issues before they arise.

Wage and Hour Compliance for Job Sites

When employees work on construction job sites, employers must comply with California’s wage and hour laws. Wage requirements can include not only hourly pay but also overtime, meal and rest periods, and timekeeping.

Labor Code §510 sets out the general overtime rule for employees who work over certain daily or weekly hour thresholds. Accurate recordkeeping is essential. Employee timesheets can be used as evidence in a wage dispute.

Working on a public works project can create additional wage requirements. Labor Code §1771 requires covered employees working on a public works contract greater than $1,000 to be paid the prevailing wage.

Discrepancies in pay can easily happen if employees perform work across multiple classification levels. The appropriate wage classification can impact the employee’s wages. Contractors should review their payroll practices and records if there are any questions related to employee compensation.

Discrimination and Harassment in Construction Environments

Employers in California cannot discriminate or allow harassment in the workplace. Workplace discrimination is a major employment-law issue in California. During 2024, the California Civil Rights Department received 4,077 employment case filing allegations under California’s civil rights laws. Disability-based allegations were found in 2,174 complaints, followed by 1,257 sex- or gender-based complaints and 1,190 race-based complaints.

California Fair Employment and Housing Act forbids discrimination based on certain protected characteristics. The act also prohibits harassment and retaliation against employees who engage in protected activities. Harassment can occur when a supervisor allows inappropriate behavior to continue. Retaliation can also lead to liability if an employee suffers consequences for filing a complaint.

Employers should have policies in place to receive employee complaints. Once an employer receives a complaint, they may need to preserve evidence. An employer should determine what, if any, action is required under the law.

Hire a Construction Labor and Employment Issues Lawyer

If you find yourself in a construction labor and employment dispute, hire a construction labor & employment issues lawyer right away. An attorney can review employment agreements, collective bargaining agreements, and PLAs. A Costa Mesa construction labor & employment issues attorney can explain what legal obligations the parties have agreed to. Legal counsel can also assess independent contractor relationships to determine if they meet legal requirements.

If you receive a discrimination or harassment complaint, your lawyer can advise you on how to investigate the matter. Once a claim proceeds to litigation, your attorney can file pleadings with the court and handle discovery requests. Engels-O’Brien can represent you during settlement negotiations and at trial. Contact us today to begin understanding your options. We have handled employment issue cases and can help you in yours.