Overtime Pay for California Construction Workers: What You’re Really Owed
Construction work in California is tough, and those who work in the industry often put in long hours under difficult conditions. It’s only fair that construction workers are properly compensated for the time they work beyond standard hours. If you’re a construction worker in California, it’s important to understand your rights when it comes to overtime pay. This article will explain what you’re owed under California law and what to do if you’re not being paid correctly.
What Is Overtime in California?
In California, state labor laws are stricter than federal laws and provide better protection for workers, including construction workers. Overtime pay is required when an employee works:
- More than 8 hours in a single workday
- More than 40 hours in a single workweek
- More than 6 consecutive days in a workweek
If any of these conditions are met, the worker must be paid overtime. Overtime is usually calculated at 1.5 times the regular rate of pay. Double time (2 times the regular rate) must be paid if you work more than 12 hours in a day or more than 8 hours on the seventh consecutive day of work in a week.
Common Overtime Violations in Construction
Unfortunately, not all employers follow the rules. Some common ways construction workers are denied proper overtime pay include:
- Being asked to work off the clock
- Having lunch or break times automatically deducted from hours worked
- Being misclassified as an independent contractor when you are actually an employee
- Not being paid for travel between job sites
These practices are unfair and illegal under California labor laws. Every hour you work must be properly recorded and paid, and your classification should reflect the nature of your job.
Who Is Entitled to Overtime Pay?
Most hourly and even some salaried workers in construction are protected under California’s overtime laws. Some workers may think they are exempt because their employer told them so, but that may not be the case. Even supervisors or team leads may still be owed overtime, depending on the specifics of their job duties and how they are paid.
Your Right to Compensation
If your employer hasn’t paid you the overtime you’re owed, you have the right to take action. California law allows workers to file a complaint with the Division of Labor Standards Enforcement (DLSE) or even take legal action to recover unpaid wages, interest, and penalties.
What to Do If You’re Not Being Paid Overtime Correctly
It can be confusing and overwhelming to handle wage issues on your own, especially when you’re up against an employer who may not play by the rules. That’s why it helps to speak with someone who knows the law and can guide you through the process.
If you’re a construction worker in California and believe you’re not being paid the overtime you’re legally owed, don’t wait. Call Jonny Law today at 800-566-4868 for a free consultation. You work hard — make sure you’re getting the pay you deserve.