Recent Changes in California Employment Law Affecting Construction Workers

Recent Changes in California Employment Law Affecting Construction Workers

California has made several updates to its employment laws in 2024, many of which directly impact construction workers. These changes are designed to improve worker rights, safety regulations, and wage protections. If you work in the construction industry, it’s important to understand how these new laws may affect your job, your paycheck, and your workplace rights.

Wage and Hour Law Updates

One major change in 2024 is the increase in California’s minimum wage. As of January 1, 2024, the statewide minimum wage increased to $16 per hour. This base rate may be even higher in cities like San Francisco and Los Angeles.

In addition, new laws require construction employers to keep more accurate records of hours worked and break times. Failure to provide proper meal and rest breaks or accurate wage statements can result in penalties against the employer. This is especially important for day-laborers and non-union workers, who may have been previously underpaid or not given breaks.

Increased Enforcement of Worker Misclassification

Worker misclassification continues to be a big issue in the construction industry. Some employers label workers as “independent contractors” to avoid providing benefits or paying taxes. California’s AB 5 law, which was reinforced in 2020 and further clarified in 2024, makes it harder for companies to wrongfully call someone a contractor when they should be an employee.

Under the ABC test used by California courts, a worker is considered an employee unless:

• The worker is free from the control and direction of the hiring entity.
• The work performed is outside the usual course of the hiring entity’s business.
• The worker is engaged in an independently established trade or business similar to the work performed.

If you’ve been wrongly classified, you could be missing out on overtime, health benefits, and workers’ compensation coverage.

Stronger Protections for Whistleblowers and Retaliation Claims

Construction workers who report safety violations or labor law abuses now have more legal protection. New amendments to California Labor Code section 1102.5 strengthen protections for workers who “blow the whistle” on unlawful employer practices. This includes reporting unsafe working conditions, wage theft, or harassment on the job site.

Employers can face serious penalties if they retaliate against workers who speak up. Retaliation can include firing, demotion, reduced hours, or even blacklisting in the construction industry. The new law ensures faster investigations and easier access to legal help for wronged employees.

Heat Safety and Workplace Conditions

With rising temperatures across California, especially in areas where outdoor construction is common, new heat illness prevention protocols are now mandatory. Employers must provide access to shade, drinking water, and extra rest periods when the temperature goes above 80 degrees.

Cal/OSHA is increasing inspections at construction sites to enforce these rules. If your employer isn’t following heat safety guidelines, they could face fines—and you could be at risk.

Need Legal Guidance? Call Jonny Law

California’s employment laws can be confusing, especially with so many updates in 2024. If you’re a construction worker and believe your rights have been violated—whether it’s due to misclassification, unpaid wages, retaliation, or unsafe conditions—you don’t have to face it alone.

Call Jonny Law at 800-566-4868 for a free consultation. He understands California employment law and has experience helping construction workers get the justice they deserve.