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In a recent episode of Roofing Road Trips, hosted by Karen Edwards, Adams & Reese Tampa Partner Benjamin Briggs discussed the unique labor and employment challenges roofers face. A board-certified labor and employment attorney, Briggs has spent the past decade focused almost entirely on roofing, with roughly 90% of his clients drawn from the industry.
Why is Roofing Employment Law so Complicated?
Briggs points to two key factors: location and supervision. First, about 90% of roofing employees work outside a traditional office as project managers, superintendents, salespeople, and field crews. With most work happening in the ‘field’ rather than under shared supervision, there's less daily oversight, and important details easily slip through the cracks. Second, roofing faces a uniquely dense set of legal pressure points that many other industries avoid entirely, including issues with OSHA, workers' compensation, immigration and work-authorization, ICE enforcement, and language barriers. When these unique situations are combined with that non-traditional workforce structure, they create a complex legal employment landscape to navigate.
Who is Conducting Employment Audits?
Another common question Briggs receives is who is looking into employment records and auditing companies for mistakes. He explains that audits often come from unexpected directions, from an injured crew member's workers' compensation attorney uncovering a misclassification during routine documentation to a laid-off worker who responds to an ad about unpaid overtime and ends up at the center of a lawsuit. Briggs has also seen the Department of Labor conduct audits, some triggered by IRS issues and others that are completely random.
Staying Compliant
Despite this complex landscape, Briggs affirms that staying compliant is achievable. His advice is to consult an experienced employment attorney before problems surface. He likens it to a medical issue: if you wouldn't diagnose your own medical condition, you shouldn't try to self-diagnose legal issues either. Roofers are best served the same way, by counsel who understands their industry and can help them assess risk, weigh options, and build a practical plan forward.
Listen to the full episode here.
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