California rules regarding overtime pay favor employees more than even federal regulations on the same. The rules indicate the how overtime pay is to be calculated, and the type employees who are entitled to payment for the extra hours worked.
What California Overtime Rules Say 

Overtime pay in California is primarily calculated based on the number of hours worked each day. Nearly all nonexempt employees in California’s private sector and who are not under the collective bargaining agreements are covered by this rule. When determining overtime pay, the weekly totals are also taken into account.

Overtime calculations should be done in an orderly manner. The first step involves finding out the hours that are to be paid as overtime. After that, you then decide whether to pay one and a half times or double for hours. After that, you can then find what ‘regular’ rate ‘ pay to use in calculating the pay for the extra hours.

What is Regular Rate Pay?

Regular rate is used to refer to the actual rate of pay to an employee after considering all hourly earning and any compensations the employee is entitled to; it does not just mean an employee’s hourly amount of pay. The regular rate is used when calculating overtime pay for California employees and includes almost any form of pay an employee receives.

Weekly Overtime Pay

When determining weekly overtime pay, only the hours worked at straight-time are considered. It prevents what could be termed as a ‘ pyramiding’ of the overtime, where employees received overtime pay for already paid overtime.
What About Nonexempt Employees Who are on Salary?

A salaried nonexempt employee is entitled to overtime pay according to California overtime rules. The employee must receive pay for all hours worked, which must include payments for daily and weekly overtime. The fact that a nonexempt employee is on a salary does not in any way relieve you of the obligation to pay them for the extra hours they work.
Exceptions For Payment of Overtime

Specific industries are exempted from certain rules of calculating overtime, as contained in the Wage Orders. While there are no rules allowing employees refuse to work overtime hours in California, company policies or union contracts on the issue could be used to effect such, allowing an employee not to work extra hours.

There are limits, though, regarding the number of hours you may require your employees to be at work, as stated out in the Wage Orders. As an employer, you would need to acquaint yourself with these rules and exceptions to avoid lawsuits regarding payment of overtime.

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Many construction accidents in California are caused by defective equipment. The use of hand tools and heavy industrial equipment or vehicles is part of construction work. Unfortunately, there are times when the equipment is not well maintained which can cause serious injuries and even the loss of life. Injuries can also involve amputations or any serious condition that will prevent the worker from returning to work. Here is a list of the main causes of construction injuries in the California workplace.

Design Flaw

Equipment is deemed defective due to a manufacturing or design flaw. Workers who are using defective equipment run the risk of getting injured or killed. The manufacturer or distributor of the defective equipment could be named in a third-party lawsuit and held liable for compensation.

Lack of Maintenance and Repair

Equipment needs periodic maintenance to remain functional and safe for worker’s use. Employers need to make sure that the equipment is properly maintained before allowing its use. Employers must also mandate immediate repairs for equipment deemed unsafe for use. Until the particular machinery is repaired, workers should not attempt to use it to prevent possible accidents and injuries.

Inadequate Workers Training

Modern equipment is favored in construction for its increased productivity and efficiency. The machinery tends to reduce the amount of physical labor required and even possible risk to human lives. Unfortunately, most construction accidents happen because employers tend to overlook the fact that the workers need adequate training to operate the sophisticated equipment. Workers should not operate the machinery if they lacked the knowledge to run it. Otherwise, they will put themselves and others at risk.

Construction Worker’s Right Against Past Criminal Record Screening

California has a current law which protects discrimination against felons. The law prevents employers from asking or using criminal convictions that have been judicially dismissed or sealed. This will protect job seekers who have such records from undue scrutiny and give them the chance to land a job. Employers who violate this new rule intentionally can get slapped with a civil penalty or a misdemeanor criminal liability.

Exceptions to the Rule

This law does not cover cases where the job applicant is required to hold and use a firearm during this or her employment period. Another instance is when the conviction prevents the applicant from holding the job or the employer is simply not allowed to hire an applicant convicted of a crime.

Employers should pay close attention to their equipment and make sure that they are safe for their worker’s use to prevent serious injuries and legal liabilities. Employers should also update their screening process to follow the law that protects ex-felons from discrimination.

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