CA Guidelines Clarified for the Construction Industry

SACRAMENTO, CA

With the recent changes in the overtime regulations in California, there has been considerable confusion as to how the elimination of daily overtime affects both public and private confusion.

On public works, overtime is still required for any work performed in excess of eight hours per day. On private works, there was never a daily overtime requirement for on-site construction employees performing the type of work which requires a license. Consequently, California's elimination of daily overtime does not affect a construction employer's duties toward its construction employees.

However, the overtime amendments do affect a construction employer's duties with respect to its clerical administrative staff, or other non-construction employees. Due to the elimination of daily overtime in Wage Order No. 4, employers are no longer required to pay overtime to clerical employees who work more than eight hours in a single day; again, they must still pay overtime to employees who work more than 40 hours in a work week.