A guide to FLSA compliance in the construction industry

The Department of Labor (DOL) has been cracking down on a number of low-wage industries that tend to contain Fair Labor Standards Act (FLSA) violations. The restaurant, child care and construct industries, in particular, have become the focus of the DOL's attention.

Construction companies can avoid labor rights violations and the ensuing investigations that may lead to back wages and penalties by ensuring their payroll practices are in compliance with FLSA provisions. According to the DOL, some common problems occur when:

- Employers do not keep accurate records of employee attendance, including tasks performed before or after a scheduled shift
- Employees are not paid for time spent waiting due to delays on the job site
- Workers are docked pay for meal breaks even though they are not fully relieved of job duties
- Employers try to issue compensatory time off in lieu of overtime pay (time-and-a-half)
- Pay periods exceed 7 consecutive days of 24-hour periods, such as using an 80-hour workweek instead to avoid paying overtime

To avoid miscalculations or illegal payroll practices, employers can use a remote timeclock on jobsites. The devices allow workers to punch in at the beginning of a shift and out when they leave, so employers can be certain all work time is accurately tracked.