Overtime Pay in Construction: What California Workers Need to Know
Construction work in California is tough, demanding, and often requires long hours. Because of the long hours and physical labor involved, it’s important for construction workers to understand their rights when it comes to overtime pay. California labor laws provide strong protections for employees, especially in construction. Knowing your rights can help ensure you are being paid fairly and legally.
When Does Overtime Pay Start?
In California, the standard workday is 8 hours, and the standard workweek is 40 hours. If a construction worker works more than 8 hours in a day or more than 40 hours in a week, they must be paid overtime. The law applies to both private companies and public construction projects.
- Time-and-a-half pay (1.5 times your regular rate) is required for hours worked over 8 hours in a day or 40 hours in a week.
- Double time pay (2 times your regular rate) must be paid for hours worked over 12 in a day or over 8 hours on the seventh consecutive day of work in a workweek.
For example, if you work 10 hours in one day, the first 8 hours are paid at your regular rate, and the extra 2 hours should be paid at time and a half.
Are All Construction Workers Entitled to Overtime?
Most construction workers in California are considered non-exempt employees. That means they are legally entitled to overtime pay. Some supervisors or highly skilled workers may be considered exempt, but they must meet strict requirements under California law. Just having a fancy job title or working on a contract doesn’t mean someone is exempt from overtime laws.
Even if you’re being paid a flat daily rate or per project, the law still requires that you receive overtime pay for hours worked beyond the legal limits.
Tracking Hours and Pay
It’s important to keep detailed records of your hours. While your employer should be tracking your time, keeping your own notes can help if there’s ever a dispute. Write down when you start and finish work each day, including any breaks or time spent traveling between sites as part of your job.
If there are inconsistencies in your paycheck, or if overtime hours are missing, it may be a red flag that your employer is not complying with California labor laws.
What to Do If You’re Not Being Paid Overtime
If you believe that your employer isn’t following California’s overtime laws, don’t ignore it. You have the right to be paid fairly for the work you do. The first step is often speaking to your employer or HR department. If that doesn’t work, you may need legal help to make sure your rights are protected.
Construction workers should not have to fight alone to receive the pay they’ve earned.
If you’re having an issue with overtime pay in the construction industry, call Jonny Law at 800-566-4868 for a free consultation. Know your rights and get the support you deserve.