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Dive Brief:
- A group of former employees has filed a class action lawsuit against UK contractor Balfour Beatty and its subcontractor, Fairfax, Virginia contractor CJ Coakley Co.
- The suit, filed March 5, alleges Coakley participated in the theft of wages from the plaintiffs, who worked at an apartment complex developed by Bethesda, Md.-based JBG Smith in the National Landing area of Arlington, Virginia. Balfour Beatty was the general contractor for the project.
- The suit says the plaintiffs were employed by Coakley and another construction company, Colmex Contracting, which was not named as a defendant in the suit. The workers allege they were often paid late, especially after December 1, 2023, and sometimes not paid at all.
Diving knowledge:
The former workers are suing for violations of the federal Fair Labor Standards Act, the Virginia Wage Payment Act, the Virginia Minimum Wage Act and the Virginia Overtime Wages Act.
When the plaintiffs worked overtime, they allege they were not paid overtime for time worked beyond the 40 hours, according to the lawsuit. They also claim Coakley often paid them late or didn’t pay them, and hasn’t paid them for a week of work they performed in February.
Balfour Beatty, the suit says, knew about the payment problems. The filing points to a specific interaction on Feb. 9, when an employee allegedly told a Balfour Beatty supervisor that Colmex had not paid its employees for work that was ending that week.
The three plaintiffs filed the suit as a class action, which would allow others in similar positions and positions, such as former employees of this project, to join the lawsuit. The lawsuit alleges that there are more than 40 employees in a similar situation.
A spokesperson for Balfour Beatty told Construction Dive that the employees were hired by a second-tier subcontractor, who was employed by their direct subcontractor.
“We expect all of our subcontractors, regardless of their level, to comply with all state and federal laws and fulfill their contractual obligations,” the company said in a statement.
On the project, the plaintiffs were allegedly told to consider themselves “part of” Coakley, as the company provided them with tools and equipment to do work on the site, according to the lawsuit.
Coakley declined to comment, and a company listed as Colmex Contractors did not return a phone call for comment.
The plaintiffs are seeking base and overtime wages, plus interest and any other modifications determined by state and federal regulations, along with any other additional awards the court may award, according to the suit.
