Employment Law for Construction & Trades Workers in New Jersey
The construction industry is built on physical labor, long hours, and high risks. Whether you are a union carpenter, an independent electrician, a heavy equipment operator, or a day laborer, you put your body on the line every day to build New Jersey’s infrastructure. But while the physical risks of the job are obvious, the financial and legal risks are often hidden.
The construction sector is plagued by rampant employment law violations. Unscrupulous contractors and developers frequently cut corners to increase their profit margins, and they do it by stealing from their workers. They misclassify employees to avoid paying benefits, refuse to pay legally required overtime, and retaliate against anyone who dares to complain about unsafe working conditions.
If you are a trades worker who has been cheated out of your pay or fired for speaking up, you need a lawyer who understands how job sites actually operate. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, Charles Z. Schalk fights for the men and women in the building trades. We know how contractors hide money, and we know how to get it back.
The Epidemic of Wage Theft in Construction
Wage theft is the most common legal violation in the construction industry. We aggressively represent trades workers in wage and hour disputes involving:
Independent Contractor Misclassification
This is the most frequent trick used by contractors. They hire you, tell you when to show up, provide the tools, and direct your work—but they hand you a 1099 tax form and call you an “independent contractor.” This is illegal. By misclassifying you, the contractor avoids paying overtime, workers’ compensation insurance, unemployment taxes, and benefits. Under New Jersey’s strict “ABC Test,” if you are performing the core work of the business under their direction, you are an employee, and you are entitled to all the legal protections that come with that status.
Unpaid Overtime and Prevailing Wage Violations
Construction demands long hours, but the law demands that you are paid for them. If you work more than 40 hours in a week, you are entitled to time-and-a-half pay. Contractors often try to avoid this by paying a flat “day rate” or paying straight time in cash for overtime hours. Furthermore, if you are working on a public works project (like a school or a highway), you must be paid the “prevailing wage” set by the state. We audit pay records to uncover these violations and recover your stolen wages.
Retaliation for Reporting Safety Hazards
Construction sites are inherently dangerous, which is why OSHA regulations exist. But when a worker points out a missing guardrail, an unstable trench, or a lack of proper safety gear, contractors often view them as a liability rather than an asset.
If you report a safety violation to your foreman, the general contractor, or OSHA, and you are subsequently fired, demoted, or blacklisted from future jobs, you are a victim of illegal retaliation. Under the Conscientious Employee Protection Act (CEPA), New Jersey provides powerful protections for whistleblowers who report safety hazards. We will fight to hold the contractor liable for wrongful discharge and secure compensation for your lost income.
Discrimination on the Job Site
The construction industry has historically struggled with diversity, and unfortunately, workplace discrimination remains a significant issue. We represent trades workers who have faced:
- Racial Discrimination: Being assigned the most dangerous or lowest-paying tasks based on race or national origin, or enduring racial slurs on the job site.
- Gender Discrimination: Women in the trades frequently face sexual harassment, unequal pay, and a hostile work environment designed to push them out of the industry.
- Age Discrimination: Older, experienced journeymen being laid off or denied work in favor of younger, cheaper apprentices.
The “tough” culture of a job site is not a legal defense for discrimination or harassment. We use the New Jersey Law Against Discrimination (NJLAD) to hold contractors and foremen accountable for their actions.
We Fight for the Building Trades
Contractors often assume that trades workers will not hire a lawyer. They think you don’t have the time or the resources to fight a complex legal battle over unpaid wages or a retaliatory firing.
Let us prove them wrong.
Charles Z. Schalk is a tenacious litigator who is not intimidated by large construction firms or developers. We know how to navigate the complex web of subcontractors, general contractors, and project owners to find out who is truly responsible for violating your rights. We fight aggressively to recover your stolen wages, protect your career, and ensure that the people who build New Jersey are treated with the respect they deserve.
If you have been cheated, harassed, or retaliated against on a job site, contact us today for a free and confidential consultation. Let us go to work for you.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”
