California Clarifies What Hours Construction Workers Must be Paid For

The California Supreme Court recently provided some guidance to employees and employers, as to what hours are compensable and what aren’t. The result is somewhat of a mixed bag, but at least, there is some clarity for those who work in the construction field.

Work Before or After Work

The issues in the case revolved around common issues in overtime pay cases under the Fair Labor Standards Act (FLSA).

In many cases, employers require employees to do things that are a condition of their work, but which the employees are not paid for, often before or after work hours have started or ended. For example, an employee may have to wait to “check out” from work, or an employee may spend time suiting up in personal protective gear.

Employers try to frame these tasks as conditions to the job, before the job starts, and thus not time the employee has to be paid for. Employees claim that these are duties related to the job, and that they are not free to come and go during these hours and thus, they should be paid for the time spent doing them.

Construction Workers Sue for Wages

Courts have, for the most part, sided with the employees, as evidenced by a recent case where Apple was sued for not paying retail workers who had to spend time in security check lines, before they were allowed to leave work.

In the new more recent case, construction workers were required to submit to vehicular security checks before starting work. This was a mandatory procedure that took place at the worksite. The Court held that, much like the Apple case, this was a mandatory procedure that the worker had to be paid for. This is again in line with many similar decisions.

The court went the other way with respect to travel that happened on site—the workers in the case had to travel on the construction premises, subject to safety speed regulations, from the main gate to employee parking areas.

The court held that the travel necessary on site to get to the work area was not compensable time—but that’s because during that time, the worker was not subject to enough control by the employer. In other situations, where an employer may exercise more control over the employee for on site travel, that outcome or decision may be different.

The Court did side with employees, when it agreed that the workers’ lunch breaks of 30 minutes, must be paid for that time. The worker did not have to do anything for the employer during these break periods, but they were prohibited from leaving the construction site or work area.

Because employees could not just engage in personal activities at the employee’s will, the court held there was enough control during that meal break, to require the employee be paid for that time.

A Common Problem

It is not uncommon for employers to require tasks of employees before work starts or after it ends, but then not to pay the employees for the time spent doing those things. See an attorney if you feel that you are owed wages for time worked, that you haven’t been paid for. Contact the San Jose employment attorneys at the Costanzo Law Firm today.

Sources:

law.justia.com/cases/california/supreme-court/2024/s275431.html

natlawreview.com/article/huerta-v-csi-electrical-contractors-california-supreme-court-again-clarifies-what