CBA exemptions

A qualifying collective-bargaining agreement can alter overtime and construction meal-period rules, but each exemption has its own conditions.

California construction · Lab. Code §§ 514, 512(e), (f)(1) · Wage Order 16, §§ 3(H), 10(E), 11(E)

Section 514 addresses §§ 510 and 511. The agreement must expressly provide wages, hours and working conditions, premium rates for all overtime hours, and a regular hourly rate at least 30 percent above the state minimum wage. Union representation alone does not establish these conditions.

Construction meal periods require a separate analysis under § 512(e) and (f)(1). In addition to wages, hours, working conditions, overtime premiums and the 30-percent wage threshold, the agreement must expressly provide meal periods and final and binding arbitration of disputes over its meal-period provisions.

Wage Order 16 has its own CBA provisions for overtime, travel, meals and rests. Its rest-period exception requires equivalent protection. Check the provision governing the particular obligation and the actual agreement; a qualifying overtime exemption does not by itself exempt every other wage-and-hour requirement.

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