Federal Contractor That Filed Certified Payrolls Stole Overtime
Houston Construction Contractor — Federal Contractor That Filed Certified Payrolls Stole Overtime
Ballast Point Construction, Inc. f/k/a Spectra General Contractors, Inc. | Construction Workers | Houston, Texas
Buenker Law filed a federal lawsuit against Ballast Point Construction, Inc. (formerly Spectra General Contractors, Inc.) on behalf of a construction machinery operator who was paid straight-time for all hours with no overtime premium for hours worked beyond 40 per week. The plaintiff operated construction equipment on job sites for Ballast Point’s clients for approximately one year before the lawsuit was filed.
The particularly notable fact in this case is that Ballast Point worked as a subcontractor on federally funded construction projects that required it to submit certified payroll reports to the U.S. Department of Labor — reports that must accurately reflect wages paid, including overtime. An employer that certifies to the federal government that it is complying with wage law while paying its workers straight time for all hours is not in good faith. Moreover, the complaint alleges that Ballast Point paid overtime to some of its hourly workers, demonstrating that the company was aware of the requirement — making its failure to pay overtime to other workers a knowing and selective violation. The company also changed its name from Spectra General Contractors to Ballast Point Construction, but a change of corporate name does not cure past wage violations.
The lawsuit was filed as a collective action on behalf of all construction workers employed by the company. This case has been resolved.
Workers in similar situations may have legal rights under the FLSA. Because prior legal action or agency findings can establish willful conduct, affected workers may be entitled to recover three years of back wages. Time limits apply.
