California Wage Order 16 spells out the wage and hour laws for employees working on-site in either construction, drilling, mining, or logging. In addition, employers must provide seats where practicable, maintain reasonably comfortable indoor temperatures, and provide elevators or escalators to workers 60 feet above or 48 feet below ground level.
Legal Analysis
California Wage Order 16 provides construction, drilling, logging, and mining workers largely the same protections that other non-exempt workers have such as:
- Minimum wages;
- Overtime pay for working more than eight hours a day in a regular workweek;
- 30-minute meal breaks for every five hours of work;
- 10-minute rest breaks for every four hours of work (in most circumstances).
In addition, construction, drilling, logging, and mining employees who work indoors are entitled to reasonably comfortable temperatures. Seats should be provided where practicable. Employers must provide elevators, escalators, or similar devices for employees who work 60 feet above ground level or 48 feet below ground level.
Employees in offshore drilling occupations can adopt an alternative 40-hour workweek of up to 12 hours per day at regular pay. Then overtime wages would be double the regular rate of pay.
Employers who violate Wage Order 16 face criminal and civil penalties. Failing to pay workers adequately carries a $50 fine for a first-time violation for each underpaid employee. Moreover, successive violations carry a $100 fine for each underpaid employee.1
Frequently-asked-questions
When can I get double-overtime under Wage Order 16?
As a non-exempt construction, drilling, logging or mining worker, you are entitled to double pay whenever you:
- work more than 12 hours in one workday, or
- work more than eight hours on the seventh consecutive workday of any workweek
Otherwise, overtime pay is one-and-a-half your normal rate of pay.2
What can I do if my employer underpays me?
You can file a complaint with the California Labor Commissioner, which will then investigate the matter. Alternatively, you may be able to bring a wage and hour lawsuit against your employer.
If your co-workers are also being deprived of their rights, you all may be able to band together to bring a wage and hour class action lawsuit against your employer.
Either way, you may be able to recover your unpaid wages plus civil penalties, court costs and attorney’s fees.
What if my worksite is too dangerous to work in?
You can file a complaint with OSHA (the Occupational Health and Safety Administration), which will then investigate the alleged safety hazards. Your employer cannot retaliate against you for contacting OSHA as long as you did so in good faith.3
Wage Order 16 outlines the wage and hour laws for construction workers in California.
Legal References
- California Industrial Welfare Commission Wage Order 16-2001 – Wages, Hours And Working Conditions In the Certain On-site Occupations In The Construction, Drilling, Logging And Mining Industries. See also Gutierrez v. Brand Energy Services of California, Inc. (Court of Appeal of California, First Appellate District, Division Three, 2020) 50 Cal. App. 5th 786. See also Cortez v. Doty Bros. Equipment Co. (Court of Appeal of California, Second Appellate District, Division Seven, 2017) 15 Cal. App. 5th 1. See also Senate Bill 6 (2022) and Assembly Bill 2011 (2022), which require construction workers to be paid union-scale wages on affordable housing projects located in corridors which were previously zoned for commercial usage.
- Same.
- Labor Code 1102.5 LC.