Newport Beach Construction Labor & Employment Issues Lawyer

Newport Beach Construction Labor & Employment Issues Attorney

Construction worksites are bustling places full of many people, materials, and potential hazards. With so many workers and steps involved, disputes over labor, employment, payment, and more can happen. In these situations, you want an experienced Newport Beach construction labor and employment issues lawyer on your side.

From independent contractors to hiring companies, Engels-Janzen has experience representing the interests of clients across Newport Beach and beyond. If you need a kind but tough attorney to walk you through your case, you can find that and more with our team.

California Construction Labor Laws

Whether you’re a worker, manager, or anyone else involved in construction, it’s important to know the laws that govern construction labor in California. Adhering to these is the most effective way to prevent employment disputes.

One of the biggest considerations is making sure that project workers are properly categorized as employees or independent contractors. Employees are often entitled to more benefits, like workers’ comp and overtime pay. Misclassifying a worker can have steep consequences, and if you’ve been misclassified, you might be eligible for compensation.

Many hiring entities in Newport Beach prefer to use the ABC test for determining if a worker is an independent contractor:

1. The worker is free from the control and direction that the hiring entity would normally exercise over employees, in both the contract and actual work.
2. The worker is performing work outside the normal course of business conducted by the hiring entity.
3. The worker is customarily engaged in an independently established trade, business, or occupation, as the work being performed for the hiring entity.

These laws apply to all construction workers, regardless of where they’re working. Small renovations on the Balboa Peninsula and the Newport Village building project, which is building 63,285 square feet of commercial floor area, are treated the same.

In addition to properly classifying workers, construction labor laws also require proper approvals for construction projects. Land use, renovation, new building permits, and more must comply with this approval process.

Construction workers are also protected from discrimination, harassment, and wrongful termination. They are also entitled to certain pay based on their employment type, which makes tracking hours, wages, and payments vital for both contractors and hiring organizations.

Clearly, being prepared for construction employment disputes extends far beyond the initial contract. As a hiring agency, you want to maintain proper documentation, ensure compliance with all California construction labor laws, and hire the right workers for the job.

As a worker, you also want to keep track of any contracts, agreements, payments, hours, and other important items related to the job. If you find yourself dealing with an employment issue, having this documentation can make it easier to approach and, hopefully, resolve your case.

Understanding Union and Non-Union Processes

While more than 87% of California’s private construction workforce is non-union, some workers are still part of a union. Often, dealing with employment issues may look different depending on union status.

For workers in unions, there is usually a pre-established process for dealing with most grievances. The union’s bargaining committee can work with the hiring entity to negotiate agreements that protect workers’ rights and the organization’s interests. Negotiations may go through this committee or other appointed individuals, and a worker might be represented by their union rather than tackling the issue themselves.

In contrast, non-union workers do not have the same processes in place. When dealing with disputes, unless their contract has provisions for that scenario, they’ll have to rely on advocating for themselves and knowing the laws that affect their case.

This is when many people want to hire a construction labor & employment issues lawyer. Navigating disputes without union representation can be challenging, but union processes require a careful legal eye. In both situations, a quality attorney can help guide you through the process and make sure requirements are met.

Common Employment Issue Cases

With over 945,000 construction workers in California as of July 2024, employment issues are going to arise. Some of these can be solved quickly and easily, while others might require longer arbitration and legal assistance. When considering employment issues, you should understand the common issues that might arise. Some of the most frequently reported employment issues are:

• Harassment and discrimination at the worksite or in hiring
• Misclassification of workers
• Improper pay, or unpaid wages
• Construction defects leading to damages
• Workplace injuries and workers’ compensation

These are not the only issues that can occur, but they are common scenarios that you should be prepared to address. California laws affect each of these issues, and individual contracts or agreements can also contain provisions to address them.

When to Hire a Construction Labor & Employment Issues Lawyer

You don’t have to wait until a dispute surfaces to get assistance from an experienced lawyer. Construction contracts can be complex, and many issues can be avoided by properly forming and understanding these agreements. So, it’s never too soon to ask for help.

From drafting a potential contract to taking legal action, an attorney from Engels-Janzen can help every step of the way. Our team has plenty of experience with construction labor laws, and Chris Engels was named a 2022 Rising Star by Super Lawyers. When you need someone compassionate, firm, and knowledgeable to support your case, we’re here to help. When you work with one of our attorneys, we can:

• Negotiate contract terms
• Maintain proper documentation
• Gather evidence for potential legal action or defense
• Represent you in court when needed
• Properly classify your workers, or yourself as a worker

Experienced Legal Advice from Engels-Janzen

Whatever your need, don’t hesitate to get help. When construction labor and employment issues aren’t addressed promptly, they can consume significant time and money. They should be resolved quickly, and the easiest way to do that is with an attorney who’s seen these cases before.

Reach out to our office today to find out how we might be able to support you, or visit our office in Costa Mesa. Get the compassionate advice you need sooner rather than later.