Construction Project Manager Overtime Wage and Hour Attorney

construction manager overtime wage and hour attorney

Construction Project Managers Overtime Pay Issues

Many construction companies employ Project Managers (sometimes called Project Engineers or Project Supervisors) and pay them on a salaried basis without overtime.  Many of these workers are wrongly classified as exempt from overtime pay and should be paid overtime wages.  

State and Federal overtime laws require overtime to be paid when an employee works more than 40 hours in a week.  Some workers can be legitimately classified as exempt and not paid overtime, but the rules are clear and strict.  To be an exempt executive you have to be in charge of two or more employees and have management as your primary duty.  To be an exempt administrative employee you have to do work related to the general business operations of the company and have the right to exercise your own independent discretion on matters of significance.

What Overtime Pay Violations Look Like For Construction Project Managers

A case out of our federal courts illustrates these issues.  A construction company employed workers they called “project supervisors” or “project superintendents.”  They were paid a flat salary of about $60,000 per year with no overtime but required to work well over 40 hours per week.  The court ruled that the employer was wrong to deny these workers overtime and ordered the payment of back wages.  First, the court held that the work they did was not “general business operations” but instead related to the product they sold.  “In this case, Plaintiff’s work involved producing the product CSCI existed to market rather than servicing CSCI itself.  Plaintiff was not involved in “running or servicing” CSCI.  Plaintiff worked on the production end of CSCI in ensuring that shells were built in a timely manner.”  The court also held that these workers did not exercise independent discretion.  

“In this case, all “matters of significance” were determined by Plaintiff’s superiors.  For example, Plaintiff’s area manager provided Plaintiff with a list of subcontractors and suppliers to use.  Plaintiff had no authority to hire new subcontractors or suppliers.  With regard to whether to back charge a subcontractor, this decision was also made by Plaintiff’s area manager.  Plaintiff also could not hire day laborers without his manager’s permission.”

Meet With A Wage and Hour Attorney Today

Many construction companies violate these laws, but there are laws to protect them.  Anyone denied overtime pay has the right to sue for unpaid wages going back two years from the date of the lawsuit (3 for a willful violation). A company can also be made to pay extra damages if they acted in bad faith.  They will also be required to pay the attorneys’ fees and court costs of the lawyer who wins the case for the employee. If you find yourself in this situation contact Hayber, McKenna & Dinsmore to schedule a consultation. With offices in Connecticut and Massachusetts, our team can meet with you and help you recover the compensation that you deserve.  

 

 

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