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Arriving earlier to wait in a lot for someone to take you to the site of your employment has never been compensated for by many construction companies. In a recent federal decision, it’s said this practice can be illegal. One New Jersey drywall company has been ordered to pay $725,000 by the U.S. Department of Labour because it did not pay workers for just this type of work before they began their shift. This is the case on the paycheck.
Quick Facts
- P & B Partitions Inc., a New Jersey drywall contractor, has been ordered to pay $725,000 in a federal court case.
- 48 workers were affected by the unpaid overtime.
- The sum is broken down into $350,000 in back wages, $350,000 in liquidated damages and $25,000 in civil penalties.
- Workers were unpaid during the waiting period between the time they arrived at the job site and the time they started work, according to the Department of Labour’s Wage and Hour Division.
- The consent judgment was filed in the U.S. District Court for the District of New Jersey on June 26, 2026.
What Happened in the New Jersey Construction Workers Overtime Lawsuit
Employees were not made up for pre-shift time spent waiting to be moved to the job sites. The Department of Labour decided that this was a violation of the overtime provisions of the Fair Labour Standards Act (FLSA). The result was a $725,000 overtime settlement in the form of a court-approved consent judgment. The employer is now required to compensate for its default, in an amount equal to the amount it owed, plus damages and the amount of a penalty.
Can Employers Make You Wait Without Pay?
Not always. Time is usually considered compensable under FLSA if an employee is expected to be at a certain location and is not free to use the time as they see fit. Pre-shift duties which are required by the job, like loading tools or accompanying to a meeting or a set pickup point, may be considered work. The amount of compensation for waiting time will depend on the facts of the case, and whether or not the employer has any control over what you need to do and where you need to go. Typically, the commute from home is not compensated, but if it is required as part of the pre-shift, then it is.
Signs of Off-the-Clock Work on a Construction Site
It is not always clear what taking on unpaid work before shifts is. Look out for these warning signs:
- Arrivals at yards or shops must not be later than clock-in.
- A van or crew leader has to come before you to be on the clock.
- When loading materials or conducting safety checks prior to the beginning of your shift.
- Pay stubs reflect hours worked that are less than actual hours.
These sorts of timekeeping errors by employers can quietly wipe out hours of overtime pay eligibility each week.
Your Rights Under FLSA and New Jersey Wage and Hour Laws
Both federal and state law protect construction worker rights. Overtime is to be paid at one and one-half times the employee’s regular rate of pay for hours worked in excess of 40 hours in a workweek for employees who are eligible to receive overtime pay. New Jersey wage and hour laws provide additional protections, and state law, in general, provides workers with a longer window to file a claim as compared to federal law. No retaliation for making a complaint is allowed. The deadlines differ depending on the claim, so take action quickly.
How to Report Unpaid Overtime and Recover Wages
If you think that your employee has been working overtime without receiving compensation, follow these steps:
- Keep records. Record the arrival time, wait time, start time and finish time each day.
- Save evidence. Keep pay stubs, text messages with supervisors and work schedules.
- Consider the pay for an hour. Verify if all hours were accounted for as overtime hours.
- File a complaint. Please call the U.S. Department of Labour Wage and Hour Division or the Department of Labour of the state of New Jersey. Both accept claims for the wages of employees.
- Get advice. A wage and hour lawyer can inform you about the choices you will have with regard to worker wage recovery.
Final Takeaway
The P & B Partitions decision demonstrates that the overnight wait prior to a shift may be a wage theft case in the making. If you have to be somewhere before your shift starts, ensure that you are going to be paid for that time. Once you understand your rights, you’ll be on the path to getting what’s yours!
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