Demand Letters for
Construction Workers

💰

Prevailing Wage Violations

Public works projects must pay prevailing wages. Violations common on government-funded jobs. Average claim exceeds $10,000.

✅ High Recovery

💼

Misclassification as Independent Contractor

1 in 6 construction workers wrongly classified as independent contractors. Entitled to benefits, overtime, workers comp.

✅ ABC Test Applies

⏰

Unpaid Overtime

Very common in construction. Time-and-a-half after 8 hours/day or 40 hours/week. Double time after 12 hours.

✅ Most Common Claim

🍴

Meal/Rest Break Violations

30-min meal break before 5th hour. Two 10-min rest breaks per 8-hour shift. 1 hour premium pay per violation.

✅ Daily Penalties

🔧

Tool/Equipment Reimbursement

Employers must reimburse for required tools and equipment. CA Labor Code 2802 protects your right to reimbursement.

✅ Full Reimbursement

🚗

Travel Time Pay

Travel between job sites during workday must be paid. Commute to first site may be compensable in some cases.

✅ Often Overlooked

⌛

Waiting Time at Job Sites

Time spent waiting for materials, equipment, or instructions is compensable work time. Adds up fast.

✅ Compensable Time

💵

Cash Payment/Off-the-Books Work

Paid in cash? Still entitled to minimum wage, overtime, workers comp. Employer faces additional penalties.

✅ Still Protected

💥

Workplace Injury Retaliation

Fired or demoted after reporting injury? That's illegal retaliation. Strong protections under CA law.

✅ Whistleblower Protection

⚠

OSHA Safety Violations

Unsafe working conditions? Report to Cal/OSHA. Protected from retaliation for safety complaints.

✅ Protected Activity

🏗

Joint Employer Liability

General contractor and subcontractor may both be liable for wage violations. More parties = more recovery options.

✅ Multiple Defendants

🔗

Mechanic's Liens

Unpaid subcontractor? File a mechanic's lien against the property. Powerful collection tool with strict 90-day deadlines.

✅ Property Security

📅

Prompt Payment Violations

Contractors must pay subcontractors within 7 days of receiving payment. Penalties for late payment.

✅ Statutory Penalties

📜

Unlicensed Contractor Recovery

Hired an unlicensed contractor? They cannot sue to collect payment. You may recover all amounts paid.

✅ Full Recovery