The Top 5 Ways California Construction Employers Break the Law
California has some of the strongest labor laws in the country, especially when it comes to construction workers. These laws are designed to protect workers’ rights, safety, and wages. However, not all employers follow the rules. Some intentionally or accidentally break the law, putting workers at risk. If you’re a construction worker in California, it’s important to know how employers may violate your rights.
1. Misclassifying Workers as Independent Contractors
One common way construction employers break the law is by misclassifying employees as independent contractors. In California, the ABC Test determines whether a worker is truly an independent contractor. Many construction workers are labeled this way even though they work under direct supervision, follow company schedules, and use employer tools. This mislabeling can deny workers benefits like overtime pay, health insurance, and workers’ compensation.
2. Failing to Pay Overtime Wages
California law requires that non-exempt employees receive overtime pay after 8 hours in a day or 40 hours in a week. Some construction companies try to avoid paying overtime by rolling hours into the next workweek, paying flat daily or weekly rates, or pressuring workers not to report extra hours. This is illegal. Employees who work extra hours are entitled to 1.5 times their regular rate—and even more for working over 12 hours a day or 7 consecutive days.
3. Ignoring Meal and Rest Break Laws
All construction workers in California are entitled to meal and rest breaks. For every 5 hours worked, employees must be given a 30-minute unpaid meal break. For every 4 hours worked, a 10-minute paid rest break should be provided. Unfortunately, some employers skip these breaks or ask workers to eat while working. Denying breaks is a direct violation of California labor law and can lead to financial penalties against the employer.
4. Unsafe Working Conditions
Construction is already a dangerous job, so safety regulations are essential. The California Division of Occupational Safety and Health (Cal/OSHA) requires employers to follow strict safety rules. Employers must provide proper safety gear, training, and ensure equipment is in good condition. Still, many companies cut corners to save money. Workers exposed to dangerous conditions without proper protection are at risk of serious injury and have legal rights under Cal/OSHA laws.
5. Retaliation Against Workers Who Speak Up
By law, construction workers have the right to report wage theft, safety violations, and other illegal practices without fear of punishment. Sadly, some employers retaliate by firing, demoting, or harassing employees who speak up. Retaliation is illegal in California. Workers who face retaliation can file a complaint with the California Labor Commissioner or seek legal help to protect their rights.
Know Your Rights
If you are a construction worker in California, it’s important to understand your legal rights. Labor laws exist to ensure your safety, fair pay, and dignity at work. If you believe your employer has broken the law, consider speaking with a labor rights attorney or contacting the California Labor Commissioner’s Office for help. Knowing how the law protects you is the first step toward fair treatment on the job site.