California Attorney gains momentum in Construction Worker Overtime Case

April 17, 2007, 3:45PM.

Fresno, CAUnited Employees Law Group, PC has obtained sanctions in an overtime case involving an employer who allegedly failed to award overtime pay to construction workers doing electrical work in Fresno, California yesterday Case No. 06 CE CG 02236 .

In this case, the construction company failed to appear for court ordered mediation. United Employees Law Group requested sanctions be awarded against the employer. The court responded strongly and awarded sanctions in the amount of $4637.50 to send a clear message to the employer to take court ordered mediation and dispute resolution seriously. This verdict helps shift the momentum to the employee's side as the overtime pay attorney is attempting to close in on a winning verdict.

In this case, the construction worker claimed he was not paid his minimum wage plus overtime for the substantial overtime he worked in excess of 40 hours per week over the last four years. If this employee prevails in his minimum wage and overtime claim, the payoff including interest legal fees and penalties could be big! Employers should be warned that failing to pay overtime wages can be extremely costly.

A new California statute which took effect on Jan 1, 2000 makes the construction workers eligible for overtime pay. The California Overtime Law has strict regulations for the Contractors to understand the Labor Standards Enforcement that requires them to pay all the unpaid overtime for the underpaid workers (plus they are also required to pay the $50 per unpaid worker for pay period).

The purpose of 1999 Assembly Bill ("AB") 60 was to "restore" the requirement by California Overtime, repealed by the California Industrial Wage Commission in 1998. California Labor Law Overtime enforces many California Overtime requirement laws for construction workers.

In February 2007, the Fourth District Court of Appeal issued a decision reversing a trial court in Orange County which held Wage Order-16 as invalid. In a chief victory against a noted construction company in San Francisco, the court's ruling restored wage protections for construction workers, including the eight-hour work day. California Overtime regulations are governed by the labor Code and a series of 15 occupational and industrial regulations known as wage orders promulgated by the Industrial Welfare Commission of California.

"This is a great victory for California construction workers. Taken to the illogical conclusion, construction employees would've been the only workers in California not covered by the 8 hour day rule, which is absurd, since they do the most difficult and dangerous tasks," said a prominent class action attorney. "the decision reaffirms that the California Legislature wants workers to work only an eight-hour day, and if they must work overtime after 8 hours in the day, the [overtime pay] must be at the [required] overtime rate, except in the rare instances where employees vote in a secret ballot election by a 2/3 vote to be exempt from overtime."

After AB 60 removed the construction industry's exemption, they were required to pay their workers 1-1/2 times the regular rate of pay for all the hours worked in excess of 8 in a day and 40 in one work week and also for all the hours worked on the seventh consecutive working day (under California Overtime Law). In addition, the overtime law in California also stated that construction workers should be paid double time for all the hours worked in excess of 12 in a day or 8 on the seventh day of one work week (overtime pay).

Under California Overtime Labor Law, employers who fail to follow the regulations and Labor laws (California Overtime) enforced by the California Division of Labor Standards Enforcement (DLSE) can subject the employer to serious civil penalties as well as provide compensation of $50 per employee for each day.

Therefore contractors are required to implement policies and procedures to ensure full compliance with AB 60 under Overtime Law in California.

If you feel you are entitled to overtime, it is important that you contact a California Overtime Attorney as soon as possible. There are statutes that restrict the time you have, to make your claim. The legal consultation and analysis is generally free.

By Kathleen Armitage