MicroForensicsConstruction

We catch missed breaks, unpaid break premiums, and open heat-plan items — then chase each one to a documented fix.

The time records, the §3395 heat plan, the training file — California compels all of them whether or not anyone helps you keep them. The part most contractors miss: when a break comes back short or a heat item stays open, the record also needs the fix, entered beside it. A foreman is alerted to a short break and gets it taken while the shift is still open — and when a lawyer’s letter demanding records arrives, your own authorized custodian of records answers it from one place, the §3395 heat plan and the training file with it. MicroForensics runs that loop on top of the BusyBusy or ExakTime data you already produce. No new software for the foremen.

Free · 30 minutes · a fit conversation, not a sales call. If the diagnostic isn’t worth doing, we’ll tell you.

This page shows how it works on construction crews. For the full walkthrough — the statute text, how we close a missed break, how production works — see MicroForensics.

Why the construction record is harder to keep

Three structural reasons the construction record is hard to keep complete.

01

Cyclical layoffs at the project end.

Every wrapped project is a separation event. §201 / §202 / §203 waiting-time penalties attach at termination. A clean payroll process gets you most of the way; the missing piece is the per-period record the post-layoff plaintiff’s firm will request.

02

Field-worker meal-break exposure.

Construction crews take breaks on-site, often inside the §512 fifth-hour window Donohue v. AMN Services made the presumption trigger. The California Supreme Court described an employer system of the same per-period design and said that, without the rounding, it “would have ensured accurate tracking of meal period violations.” We don’t round: attestation prompts fire on unrounded punch times — where your timekeeping rounds punches, deployment turns the rounding off, and where unrounded punches can’t be supplied, we say so rather than prompt off rounded data. No court has yet held that an attestation rebuts the presumption — and where a period comes back short, the premium is paid and the correction is entered.

03

Outdoor heat is a mandated record.

Cal/OSHA §3395 requires a written heat-illness prevention plan, and the training documentation runs through the IIPP at 8 CCR 3203(b)(2). The employer owes those records whether or not anyone helps keep them, and Cal/OSHA — not a plaintiff — is the enforcement mechanism. We keep them current alongside the meal and rest record, with the correction entered beside the hazard it fixes.

Three construction workers in hard hats and high-visibility orange vests, seen from behind, rest on a bench under a mesh shade canopy beside an orange ten-gallon water cooler on a folding table at a dusty jobsite.
Fig. 01 — Water, shade, and cool-down rest under §3395. The written plan behind them, and the training documentation, are records California already compels.
On top of what you already run

What we build on, and what we add.

  1. Timekeeping

    BusyBusy, ExakTime, Time Rack, or another field-time platform you already pay for. We integrate as a read-only consumer. Your foremen and crews see no change in the tool they actually touch.

  2. Payroll

    Gusto, QuickBooks Payroll, Paylocity, or ADP. MicroForensics reconciles your wage statements (§226) against the per-period attestation; we don’t replace the payroll run.

  3. The records California compels

    The §3395 outdoor heat plan and its training documentation, the SB 553 violent incident log and hazard records, the meal and rest attestation flow, and per-cycle wage-statement acknowledgment. Bilingual (EN/ES) for crews where applicable. Every exception carries a correction field; nothing closes without one.

  4. What we don’t add

    No HRIS. No replacement timekeeping. No mandatory app for your crews. AB 2188 cannabis protections don’t apply to construction trades — we leave that module out for construction rather than charge you for it.

We build the connector for your stack — by API where one exists, by export, SFTP, or structured manual entry where one doesn’t — scoped and priced in the records diagnostic.

When a lawyer’s letter demands records

One production package. Hours, not weeks.

A lawyer’s letter demanding records usually arrives before any lawsuit does, and a §2699 PAGA notice after it. When the letter lands, the authorized custodian of records on your team — not Floburn — exports one production package in hours, not weeks, and authenticates it as the person who has held it all along.

An alert reaches the foreman or dispatcher while the shift is still open, carrying what to do and what to enter — so the break gets taken rather than a premium owed. Entries are captured as the shift happens — timestamped, signature-captured, tamper-evident — not assembled after a claim lands. Payroll, timekeeping, HR, and safety are reconciled into one record, so production is an export from one place rather than a search across several: the payroll records, the timecards with each short break and the premium paid beside it, the written policy your crews acknowledged and each dated per-period sign-off — on a cadence of its own, decoupled from the payroll run — the training completions, and the hazard, heat, and incident records. The records that can go into the package are inventoried with you in the records diagnostic.

The package exists before the letter does — the timeline is a property of how the record is kept, not a promise about your matter. No outcome is guaranteed; every matter turns on its facts.

How production works
Construction-specific questions

What construction operators ask us first.

01

Will our foremen have to learn new software?

No. The attestation flow runs through SMS or a single short link the foreman shares with the crew at end of day. The foreman keeps his existing workflow — the notebook, the truck, the conversation. MicroForensics captures the record alongside it, not in place of it.

02

We’re already on BusyBusy (or ExakTime). What does MicroForensics actually add?

BusyBusy and ExakTime produce time data — clock-ins, clock-outs, GPS, geofencing. That is where the record starts, not where it ends. Donohue v. AMN Services holds that time records showing a short, late, or missed meal period raise a rebuttable presumption; what the employer needs next is the reason and the documented response. MicroForensics sits on top of BusyBusy or ExakTime, ingests the time data, routes the per-period attestation, and requires a correction entered alongside every exception. No California court has yet held that an attestation on its own rebuts the presumption — we say so plainly, because that is precisely why the correction field is mandatory.

03

We’re a union shop. Does the meal-period piece even apply to us?

Ask early, because it changes the fit. Labor Code §§512(e)–(f) and 514 exempt qualifying construction employees covered by a valid collective bargaining agreement from the meal-period and overtime provisions, and §2699.6 removes qualifying construction work performed under such an agreement from PAGA. Whether your agreement qualifies is a legal question for your counsel, not for us — but if it does, we will say the meal-period module is not what you need. What does not change is the compelled side: the §3395 heat plan and training documentation, the IIPP hazard and correction record, the wage statements.

04

What about crews that cross into Nevada or Arizona?

MicroForensics is California-specific today. For multi-state crews, the California attestation runs on California-side shifts; we add a thin Nevada / Arizona overlay as an integration add-on when the crew composition warrants it. Most construction operators don’t need the overlay; we’ll tell you in the records diagnostic whether yours does.

05

We don’t have an HR department. Does this work without one?

Yes — most contractors at this size have no dedicated HR. The system carries the four items §2699(g)(2) actually names: periodic payroll audits with action taken in response, lawful written policies, supervisor training on Labor Code and wage order compliance, and corrective action as to supervisors. It produces a dated, exportable record of all four. The office manager or operations lead becomes the audit-trail owner, not an HR generalist.

From the journal

Field notes from this work.

How to start

Free 30-minute discovery call.

Tell us about your BusyBusy or ExakTime setup, your crew structure, whether your crews work under a collective bargaining agreement, and what’s prompting the conversation. We’ll tell you whether the records diagnostic makes sense for you, and what to expect if you proceed.

Free · 30 minutes · a fit conversation, not a sales call. If the diagnostic isn’t worth doing, we’ll tell you.

Floburn Inc. is not a law firm and does not provide legal advice. Counsel advises Floburn on system design and does not represent your company; retain your own counsel for advice specific to your situation.