Workers' Rights
Every woman working in construction deserves fair treatment and equal pay. Employers need to be educated about and given resources to provide a fair and equal worksite.
This site provides both workers and employers with an overview of California’s worker rights, recommendations for spotting potential violations and procedures on how to report suspected violations.
When an individual has experienced wage theft, the worker can file an online wage claim with the California Labor Commissioner's Office.
File a Wage Claim
- Minimum Wage
- Overtime
- Meal and Rest Breaks
- Lactation Accommodation
- Hourly Wages Promised
- Prevailing Wage on Public Works
- Sick Leave
- Notices, Paydays, and Paystubs
- Bounced Paychecks
- Deductions and Reimbursements
- Reporting Time Pay
- Final Wages
- Retaliation
Minimum Wage
Most California workers must be paid at least the minimum wage.* Whether workers are paid per hour or paid by the day; those wages still have to equal at least minimum wage for each hour worked.
Some cities and counties in California have a local minimum wage that is higher than the California rates shown above. Check with your local government for more information.
*There are a few specific exceptions to this law which exempt individuals who are the parent, spouse, or child of the employer, and certain apprentices.
Minimum Wage Information
Overtime
Most workers in California must receive overtime pay of:
- 1.5 times the regular rate of pay for all hours worked over 8 hours in a workday or over 40 hours in a week, and
- Double the regular rate of pay for all hours worked over 12 hours in a workday.
If a worker works seven days in a workweek, irrespective of the total number of hours worked in the week, the worker must be paid:
- 1.5 times the regular rate of pay for the first 8 hours on the seventh day, and
- Double the regular rate of pay for all hours worked over 8 hours on the seventh day.
However, overtime laws do not apply to all workers. If there is a collective bargaining agreement between the employer and worker, the overtime rate may be governed by that agreement.
Overtime Laws
Overtime Exemptions
Meal and Rest Breaks
Most California workers must receive:
- An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.
- An additional 30-minute unpaid meal break when working more than 12 hours in a day.
- A paid 10-minute rest period for every four hours worked.
Lactation Accommodation
Every employer in California must provide a break and adequate space to express milk.
Lactation Accommodation Rights
Hourly Wages Promised
Employers must pay the wages promised whether the promise was oral or made in writing. The California Labor Commissioner’s Office enforces all wages an employer owes, not just minimum wage. For example, if an employer promised to pay an individual $20 per hour and only paid $15 per hour, the worker may file a wage claim for the unpaid amount of $5 per hour.
Prevailing Wage on Public Works
"Public works" are projects that are paid for entirely or partially out of public funds. Public works projects can be construction, alteration, demolition or repair work done under a contract with public funding.
Workers on public works projects are paid the "prevailing wage", which is a predetermined hourly wage higher than the State's minimum wage. Prevailing wage is paid on public works projects to workers including those hired by subcontractors, independent contractors, and anyone else who performs skilled or unskilled labor on the project.
When a suspected violation occurs, an individual may file a public works complaint.
Sick Leave
Most California workers are entitled to paid sick leave.
Paid Sick Leave
Paid Sick Leave FAQ’s
Notices, Paydays, and Paystubs
Employers must inform workers of how much they and when they will be paid. When hired and before work begins, employers must provide you a notice that details the rate of pay.
Employers are also required to post a notice that lists the day, time and location of payment for the regular payday. This includes construction sites.
- Job trailers/site offices - Notices should be posted where workers report for work
- Multiple job sites - Each active construction site needs the payday notice
- Mobile crews - Notices must be posted at the dispatch location or wherever workers typically report
Employers must provide a pay stub or wage statement that details the total hours worked, pay period dates, wages earned, deductions, and employer's name and address. When employers pay on a piece rate basis, the stub must also include the number of pieces completed and the applicable piece rate(s).
Paydays and Pay Periods
Bounced Paychecks
If a paycheck is returned for insufficient funds, an employee may file a wage claim against the employer for penalties.
File a Wage Claim
Deductions and Reimbursements
Except for withholdings required by law (such as social security tax), employers may not withhold or deduct wages from pay. Common violations include deductions for uniforms or tools.
Deductions
Employees must receive reimbursement for supplies and tools needed for the job. This includes the cost of mileage when an employer requires use of a personal car for work (other than commuting to and from your job). However, when an employes earns at least twice the minimum wage, the employer can require a worker to provide certain hand tools customarily used in that occupation.
Reporting Time Pay
If a worker reports to work expecting to work a usual schedule, but receives less than half of the usual hours, the employer must still be pay for at least half the individual’s usual hours (for a minimum of at least two hours).
For example, a worker who reports to work for an eight-hour shift and only works for one hour must receive four hours of pay, one for the hour worked and three as reporting time pay so that the worker receives pay at least half of the expected eight-hour shift.
Reporting Time Pay
Final Wages
If an employer fires a worker or that worker quits with at least three days of notice, the employer must give the worker their final paycheck on the last day of work. When a worker quits without notice, the employer must give the final paycheck within 72 hours. If the worker is not paid on the last day, or within 72 hours if when the worker quits without notice, the worker may file a wage claim for waiting time penalties that include an additional payment for each day that the employer withholds the final paycheck for up to 30 days.
What are waiting time penalties?
Final Wages
Retaliation
It is illegal for employers to retaliate against workers. This means a boss cannot punish or fire the worker or their co-workers for taking steps to enforce labor rights, such as reporting a labor law violation or a workplace safety hazard. If a worker files a wage claim or cooperates in an investigation and the worker was fired as a result, this may be retaliation.
The Labor Commissioner’s Office encourages individuals to file a retaliation complaint within six months of when it happened. In some cases, the Labor Commissioner's Office can help workers get back any lost wages, as well as other payments and even the worker's job.
Retaliation and Discrimination
Whistleblowers are Protected
September 2025