The construction industry is rife with wage and hour violations, especially because many companies fail to accurately record their employees’ hours. Enforcing labor laws against the industry is, however, uniquely challenging. This is due to several factors, including a safe haven carved into the California Labor Code for unionized employers, employee language barriers, and a work schedule that varies daily, resulting in significant opportunities for retaliation. There are strategies for overcoming those barriers and also courses of action for construction employers who seek to avoid costly litigation.
California and federal law clearly prohibit failure to pay for employer-mandated loading and transport time. All employer-mandated travel that occurs after the employee’s first reporting location must be compensated at the regular rate of pay (or overtime rate, if applicable). If the employee works more than five hours, California law requires the employer to permit a 30-minute, uninterrupted meal break or compensate the employee for an “on-the-job paid meal period.” In addition, the employee is entitled to a 10-minute rest break for every four hours of work or major fraction thereof.
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