Travel & commute time
Employer-mandated travel after the first required reporting location is compensable under Wage Order 16, subject to its applicable CBA provision.
California construction · Wage Order 16, §§ 2(J), 5(A), 5(D) · Lab. Code § 510(b)
Section 5(A) of Wage Order 16 expressly addresses travel, even though section 5 is titled Reporting Time Pay. Employer-mandated travel after the first location where the employee is required to be present must be paid at the regular rate, or the applicable overtime rate.
If an employer requires reporting to a yard and then travel to a jobsite, that later required travel falls within this rule. Section 2(J) also treats employer-controlled time and work the employer permits as hours worked. Crew transport, loading and tool-related duties therefore require attention to what the employer actually requires.
Do not assume every trip from home is paid or every commute is unpaid. Section 510(b) addresses employer-operated ridesharing to the first required reporting location, while Wage Order 16 § 5(D) allows a valid collective agreement to provide otherwise for section 5. The reporting location, required duties and agreement are the relevant starting points.
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Prevailing wage
Covered public works require prevailing wages, including applicable benefit components, based on the work performed and the project’s location.
Daily overtime
Covered nonexempt employees generally earn overtime after 8 hours in a day or 40 in a week, and double time after 12 hours in a day.
Meal & rest breaks
Covered employees generally receive a 30-minute meal period on shifts over 5 hours and paid 10-minute rest periods for each 4 hours or major fraction.