The construction industry is a key part of the economy. But unfortunately, wage and hour law violations happen a lot in this field. If you work hard to build our communities, knowing your rights is the first step to keeping your paycheck safe.
What is Wage Theft? Common Violations in Construction
Wage theft happens when an employer doesn’t pay a worker what they are legally owed. In the construction business, this can happen in a number of ways. The table below shows some common violations resulting in wage theft for construction workers:
| Violation Type | Description | Example |
| Unpaid Overtime | Not paying 1.5x the regular rate for regular time hours worked over 8 hours in a day or 40 hours in a week. | A worker paid $20/hour earns $30/hour for overtime; paying only the regular rate ($20) is illegal. |
| Worker Misclassification | Wrongly labeling employees as “independent contractors” to avoid minimum wage, overtime, breaks, and other rights and benefits. | A worker is told they’re a “contractor,” but the employer controls their schedule, tools, and work methods, and the employee is doing the business of the employer. |
| Off-the-Clock Work | Not paying for all hours worked, including pre-/post-shift duties, travel between sites, and mandatory meetings. | A worker spends 30 minutes daily loading tools without pay, which adds up to 2.5 hours of unpaid work each week. |
| Minimum Wage Violations/Unlawful Deductions | Paying below California’s minimum wage, not paying for each hour worked, or making illegal deductions that push pay below the minimum wage. | An employer takes out the cost of required tools or safety gear, broken tools, lost work time, or transportation that the employer is legally required to pay for, which lowers the worker’s effective hourly pay below the legal minimum. Even if they do not result in pay below the minimum wage, these can still be unlawful deductions. |
| Meal Break Violations | Failing to provide a non-exempt employee with a legally required, duty-free meal period | The crew supervisor needs to meet a concrete pouring deadline. At 11:30 a.m. (the start of your 5th hour), the supervisor tells you, “We are behind schedule. Stay in your area and monitor the mixer for the next 30 minutes. You can eat your sandwich right there, but you have to keep an eye on the equipment and jump on the radio if the foreman calls.” |
| Rest Break Violations | Failing to provide a non-exempt employee with a legally required, paid, duty-free rest period. | You’re working on a rooftop framing project. At 8:00 a.m., you ask your foreman for your first rest break. The foreman says, “The safety policy says you can’t leave the roof area without a spotter, and I don’t have time to spot you right now. Just sit by the chimney for 10 minutes, but if any materials arrive on the crane, you have to immediately get up and signal the operator. |
| Withholding Final Pay | Failing to promptly pay all earned wages when an employee is fired or quits. | A worker quits, but the boss won’t give them their last paycheck for weeks or withholds pay for earned and accrued vacation time that must be paid out when employment ends. |
These are all common examples of wage theft within the construction industry. However, it is important to know whether you are covered by a collective bargaining agreement (CBA). A CBA may affect your rights regarding certain claims, such as overtime and meal periods, as well as address things like your rate of pay and the minimum rate you must be paid.
What to Do if Your Boss Doesn’t Pay You What You’re Owed
If you think your boss is taking your wages, you have rights and can get aid in a number of ways. You need to move promptly because there are stringent deadlines for filing claims.
- Make a Wage Claim with the Labor Commissioner: The Division of Labor Standards Enforcement (DLSE), which is also known as the Labor Commissioner’s Office, is the major agency in California that makes sure employers follow the law. You can file a wage claim in person, by mail, or online. The DLSE will look into the case and see if a solution can be found. If not, there will be a formal hearing before an Administrative Law Judge to talk about the issues and make a conclusion. The statute of limitations for not paying overtime or the minimum wage is normally three years.
- Tell the Contractors State License Board (CSLB): The CSLB is in charge of contractors and can look into and punish both licensed and unlicensed contractors who break the law. Their principal purpose is to safeguard the public, and even though they can’t directly require compensation, an inquiry can lead to the suspension of a contractor’s license. This is a major motive for them to settle salary disputes. You can file a complaint over the phone at 1-800-321-CSLB (2752) or online.
- Talk to Bisnar Chase: As experienced employment lawyers in California, we can look at your case, help you gather evidence, and represent you in civil court against your employer. We offer free consultations.
Wage Theft for Construction Workers: Protecting Your Paycheck
Wage theft is a serious issue, but California’s laws are designed to protect you. Remember:
- You have a right to be paid for every hour you work, including overtime.
- Intentional wage theft is a crime (a felony) in California, with serious consequences for employers.
- You are not alone. State agencies and legal resources are available to help you recover what you are owed.
You deserve a full and fair paycheck that fully compensates you for your work. Stay up to date, keep track of all the hours you work, and don’t be afraid to speak up if someone breaks the law. Our team at Bisnar Chase is here to help. Our firm has a 99% success rate with over $1 billion won for our clients. We have a team specializing in employment and class action cases, including wage theft lawsuits. Contact us today for a free consultation to find out if you have a case.
Javier Ruiz
Javier R. Ruiz is a highly experienced class action paralegal with 16 years of service at Bisnar Chase, where he specializes in employment law, fighting for employees’ rights against workplace injustices. A skilled paralegal, he manages cases from inception through trial, drafting pleadings, coordinating discovery, and providing critical support in mediation, arbitration, and trial proceedings. With additional expertise in appellate work, Javier ensures meticulous attention to detail at every stage. Known for his dedication to clients and strong litigation skills, he is an invaluable member of the Bisnar Chase team, consistently delivering exceptional legal support and advocacy.
