Construction companies frequently engage in improper practices, depriving construction workers of the wages and benefits they are entitled to under California state labor laws and federal employment laws like the Fair Labor Standards Act. Whether your work involves new construction, reconstruction, repair, or renovation of existing commercial or residential structures, as well as building roads and bridges, construction workers have labor rights and the law on their side.
Construction workers often perform tasks such as painting, sandblasting, tuckpointing, roofing, gutter work, drainage, water well drilling, flooring installation, and landscaping. It is common for employers in California to attempt to defraud these workers of the wages and benefits guaranteed by state labor laws and regulations.
CALL (888)442-2642 FOR FREE LEGAL ADVICE
The overtime lawyers at Abogadosparatrabajadores247.com are recognized throughout the San Francisco Bay Area, California, as the leading law firm for wage and hour litigation for Hispanic workers. Employment law attorney Arlo Uriarte has extensive experience representing workers in cases arising from illegal payment practices by employers. In the construction industry, it is common for employers to violate state pay laws by:
- Failing to record all hours actually worked, including work performed before or after the assigned shift.
- Reducing hours using terms like “downtime” or “rain delay.”
- Failing to compensate construction workers for mandatory work breaks where the employee is not completely relieved of all duties to enjoy uninterrupted meal time.
- Accruing overtime or paying overtime in the form of “compensatory time.”
- Failing to combine hours worked for overtime purposes by an employee in more than one job classification for the same employer within the same workweek.
- Failing to segregate and pay overtime on a weekly basis when employees are paid bi-weekly or semi-monthly.
- Failing to pay for travel time from the shop to the job site and vice versa.
FREE LEGAL ADVICE – NO WIN, NO FEE
At liberationlawgroup.com, attorney Arlo and his California employment law team represent construction workers who have been wrongfully terminated in violation of public policy. Construction workers often work long hours under strenuous conditions, and when they complain about such difficult working conditions, construction companies are known to retaliate against workers by firing or demoting them in violation of state labor laws.
If your current or former employer violated your overtime pay rights, contact overtime specialist attorney Arlo Uriarte at Abogadosparatrabajadores247.com in San Francisco, California. With employment law offices at 2760 Mission Street in San Francisco, our labor attorneys have helped thousands of Spanish-speaking employees throughout San Francisco County recover back pay and penalties for violations of wage and hour laws. Our attorneys have significant experience and a proud track record of success in actions involving:
Fair Labor Standards: The Fair Labor Standards Act (FLSA) awards double damages to employees when employers violate overtime laws.
California Labor Code: The California Labor Code requires overtime pay when employees work more than 40 hours a week AND 8 hours a day.
Unpaid Overtime: Failing to pay employees additional wages for working overtime is illegal and can lead to significant liability for companies.
Off-the-Clock Work: Failing to pay employees for overtime hours worked off-the-clock violates California labor laws and the FLSA.
Regular Rate of Pay: Employers frequently violate overtime laws by miscalculating the employee’s regular rate of pay for overtime.
Mandatory Overtime: Although employers are authorized to impose mandatory overtime, employees must be paid for all hours worked at 1.5x the rate.
Labor Board vs. Attorney: Hiring an employment attorney for your overtime claim is beneficial for many reasons, including the damages available under the FLSA.
Exempt vs. Non-Exempt: Contact our overtime attorneys today for free advice on whether you are exempt or non-exempt from overtime pay.
California Wage Laws: The biggest misunderstanding in California is that being salaried means no overtime, because the key question is about the employee’s job duties.
Wrongful Termination in San Francisco Construction Jobs
The “At-Will” Employment Rule
Under the California Labor Code, employment without a specified term can be terminated at the will of either party with notice to the other. This is known in California as the “at-will” employment law rule.
“Unfair”
As applied through the at-will rule, unfair does not mean that the termination was malicious or that the boss singled me out because they didn’t like me. The termination must violate a protected class or a fundamental public policy.
Filing a Lawsuit
To file a successful wrongful termination lawsuit, the employee must follow all administrative procedures required by California labor laws. Additionally, the employee must demonstrate that the termination violates public policy.
Lawyers for Workers 24/7
Our law firm accepts qualified wrongful termination lawsuits on a contingency fee basis, meaning that employees who are victims of wrongful termination never pay our employment lawyers unless we win money for them. Find out now how you can file a wrongful termination lawsuit with our lawyers by calling 1(866)416-1673. Your consultation is free!
What is a Qui Tam Action?
There is a special type of wrongful termination claim known as a qui tam action, which focuses on how the wrongful termination was a violation of fundamental public policy as opposed to discrimination or other protected classes.
Free Consultation
If you are looking for information about wrongful termination laws, don’t waste time researching online and contact our employment law attorneys in San Francisco today for free, no-obligation legal advice. Speaking with an attorney is the best way to protect your employment from workplace retaliation. Call for a free appointment in Spanish. We guarantee you will speak with an attorney 1(866)416-1673.
Enforcing Your Legal Right to Breaks and Rest Periods at Work
The California Labor Code requires employers to provide non-exempt employees with a 30-minute, uninterrupted, off-duty meal break for every 5 hours worked. They must also provide a 10-minute rest period for every 4 hours worked. However, companies across a wide variety of industries continue to find ways to deny their workers legal breaks. Sometimes, companies avoid adequate staffing levels, which prevents each worker from having the opportunity to take a break.
Violations of employees’ rest time rights are common in these occupations:
- Healthcare professionals
- Laboratory technicians
- IT/computer professionals
- Private security and armored transport personnel
- Banking and financial workers
- Managers and supervisors
- Construction workers
- Caregivers
These infringements not only affect the well-being and productivity of employees but also constitute a direct violation of California labor laws, exposing companies to lawsuits and penalties. Our law firm in San Francisco specializes in representing employees who have been deprived of their rest and meal breaks. We understand the importance of these rights for your overall health and well-being, and we are committed to helping employees assert their rights and obtain the compensation they deserve.
Specialized Legal Advice for Workers in San Francisco
If you are a worker in the San Francisco, California area and believe your rights to adequate breaks at work have been violated, it is crucial to seek specialized legal advice. Our team of employment lawyers has vast experience fighting these types of workplace injustices and can provide you with the guidance and support needed to protect your rights.
Contact us today for a free consultation. We have successfully won hundreds of employment discrimination cases and can help you too. We are dedicated to ensuring that employers comply with California labor laws, providing employees with the breaks and rest periods they legally deserve. Together, we can work to assert your rights and ensure they are respected in the workplace.
Among the professionals mentioned above, two groups that frequently face violations of their labor rights in California are construction workers. These employees, largely Hispanic, are essential to our communities and economies, but are often victims of not receiving adequate breaks and not being compensated for overtime, victims of discrimination, among other labor injustices. Our mission as lawyers is to put an end to this type of behavior.
Construction Workers: Victims of Workplace Negligence
Construction workers play crucial roles in the development and maintenance of our infrastructure. However, due to the demanding and often fast-paced nature of their projects, it is common for these workers not to receive necessary breaks or be adequately compensated for overtime hours worked. These practices not only violate California labor laws but also endanger workers’ health and safety, increasing the likelihood of accidents and injuries on the job site. If you work in construction and are being abused at your job, contact us immediately.
How Can an Employment Lawyer Help?
At abogadoparatrabajadores247.com, we deeply understand the challenges construction workers face daily. We have previously won cases for clients working in construction. Our team of specialized employment lawyers, led by attorney Arlo Uriarte, is dedicated to fighting for the rights of workers in these and other industries. We can help to:
- Review your case and determine if your labor rights have been violated.
- Guide you through the administrative process required to file a complaint.
- Represent you in negotiations or in court to recover unpaid wages, overtime compensation, and damages for break violations.
- Work to ensure that fair labor practices are implemented in your workplace.
If you are a construction worker in San Francisco, California, and have been deprived of adequate breaks, have not received overtime pay, or have faced other violations of your labor rights, contact us as soon as possible to review your employment discrimination case. At abogadoparatrabajadores247.com, we guarantee you will speak with an attorney, and your consultation is free and in Spanish. Our mission is to ensure your rights are protected and that you receive the fair compensation you deserve.
Where We Serve in Northern California
We represent workers throughout Northern California. Including construction workers in SOMA, Mission Bay, Chase Center, Solano County, Sonoma County, San Mateo County, and American Canyon. Distance does not reduce your legal protections — the same laws apply throughout California.
Are you a construction worker and your employer violated your rights?
Attorney Arlo Uriarte can evaluate your case today — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions
What special rights do construction workers have in California?
Construction workers in California have all standard labor rights plus industry-specific rights. On public projects (government-funded), you are entitled to prevailing wage — generally much higher than minimum wage, sometimes $40-80 per hour depending on the trade. On all projects, you are entitled to free personal protective equipment under Cal/OSHA regulations, paid safety training, and protection against unsafe working conditions. Workers incorrectly classified as contractors in construction lose all these benefits — which can be a significant violation. Call 1-888-442-2642.
What is prevailing wage and when does it apply?
Prevailing wage is the standard wage rate that contractors must pay workers on publicly funded construction projects — state, federal, or local government projects. These rates are significantly higher than the minimum wage. If you work on a public project and are paid minimum wage when you should be paid prevailing wage, your employer owes you the difference for all the years you worked. Prevailing wage theft is one of the most costly violations for employers and one of the most lucrative for workers who claim it. Call 1-888-442-2642.
How do I know if I was misclassified as a construction contractor?
In California, AB 5 establishes the ABC test to determine if you are an employee or a contractor. If your employer controls how you perform the work, if the work you do is central to the employer’s business, and if you do not have an independent business established in that activity — you are probably an employee, not a contractor. Misclassification in construction is very common and can cost you years of overtime, unemployment benefits, workers’ compensation, and prevailing wage. Read about misclassification lawsuits. Call 1-888-442-2642.
What do I do if I was injured on a construction site and the contractor says they are not responsible?
If you were injured on a construction site, you are entitled to workers’ compensation regardless of your classification as an employee or contractor. If you are classified as a contractor but are actually an employee under California law, the general contractor may be responsible for your injury. Additionally, if the injury was caused by unsafe work site conditions that the employer or project owner should have corrected, there may be an additional civil liability claim. Do not accept that ‘there is no responsibility’ without consulting with an attorney. Call 1-888-442-2642.
Can I sue for racial discrimination on a construction site?
Yes. Racial discrimination on construction sites is illegal under California’s FEHA. We have represented workers in SOMA, Mission Bay, and North Bay sites who were assigned the most dangerous jobs, denied supervision, or subjected to racist comments from foremen. If you suffered racial discrimination on a construction site — whether in your job assignments, your pay, or the conditions you are exposed to — you have grounds for a lawsuit. Read about employment discrimination in California. Call 1-888-442-2642.
Do undocumented construction workers have rights?
Yes. California labor laws protect all construction workers regardless of their immigration status — including minimum wage, overtime, workers’ compensation, and prevailing wage on public projects. If your employer threatens you with immigration authorities to silence you about labor violations, that is additional illegal retaliation under Labor Code Section 1019. Read about undocumented workers’ rights.
How much can a construction worker case be worth?
It depends on the type of violation. Prevailing wage cases with 2-3 years of pay difference can be worth tens of thousands. Misclassification cases that include overtime, benefits, and prevailing wage can be worth over $100,000. Injury cases with unsafe conditions can be worth significantly more depending on the severity. Racial discrimination or sexual harassment cases add emotional damages. A free evaluation can give you a concrete estimate. Call 1-888-442-2642.
Does Liberation Law Group serve construction workers throughout the region?
Yes. We represent construction workers in San Francisco, Oakland, San Jose, Solano County, Sonoma County, San Mateo County, and throughout the region. Call 1-888-442-2642.
Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
Liberation Law Group — Lawyers for Workers 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in English or Spanish — No Obligation — No Fee Until We Win
