Construction Wage Law California
← Construction Wage Law

For litigators & counsel

Start with coverage, the governing date, and the applicable exception. These sources identify the tests that shape a construction wage claim.

Questions to carry into the sources

  1. Identify the work performed, employment relationship, contract date, and applicable wage order.
  2. Read the actual collective-bargaining provisions before applying an overtime or meal-period exception.
  3. Separate wage recovery, statutory penalties, and any representative claim; their prerequisites and remedies differ.

Your reference sequence

Misclassification

Employee or independent-contractor status follows the applicable legal test; a 1099 or contract label does not establish the result.

Direct-contractor liability

A direct contractor can be responsible for a subcontractor’s covered labor debts on private works; the governing statute depends on the contract date.

CBA exemptions

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

Travel & commute time

Employer-mandated travel after the first required reporting location is compensable under Wage Order 16, subject to its applicable CBA provision.

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.

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.

Prevailing wage

Covered public works require prevailing wages, including applicable benefit components, based on the work performed and the project’s location.

Piece-rate pay

Employees paid by the unit must also receive separate compensation for rest and recovery periods and other nonproductive time.