What is prevailing wage in California?

Prevailing wage in California is the minimum hourly rate employees earn on public work project. All workers employed on public works projects must be paid the prevailing wage. Our prevailing wage lawyer can protect your rights if you’re not paid the California prevailing wage.

Author: Brad Nakase, Attorney

Email | Call (888) 600-8654

California’s Prevailing Wage Law requires workers on public work projects to be paid a minimum hourly rate. The State’s Department of Industrial Relations set the prevailing rates in California based on the geographic location and the type of work performed. The purpose of California prevailing wage laws are to ensure that government money does not undercut cities’ minimum wage laws and prevent a race to the lowest contract bid contractors.

As a prevailing wage lawyer, I am often asked the following questions:

1. How is California prevailing wage rate determined?

2. What is the purpose of a prevailing wage?

3. What are special prevailing wage determinations?

4. What are residential projects?

5. What are commercial projects?

6. What is overtime in California prevailing wage?

How is California prevailing wage rate determined?

The California prevailing wage is determined by the California Department of Industrial Relations. The prevailing determination is based on the following factors:

City the public project is located
The journeyman type
Whether the public project is commercial, residential, or infrastructure such as road and highways.

If you are not paid the prevailing wage determined by the Department of Industrial Relations, please contact our prevailing rate lawyer, Brad Nakase, for a free consultation.

What is the purpose of a prevailing wage?

The purpose of California prevailing wage laws are to ensure that government money does not undercut cities’ minimum wage laws and prevent a race to the lowest contract bid contractors. The California Prevailing Wage Law is a way to ensure that on government projects were paid at prevailing market rates.

What are special prevailing wage determinations?

If a particular type of worker falls outside of being covered by the general determination, a special determination may apply. A request has to be done 45 days or more before a bid advertisement date. If you are not paid the special prevailing wage, please contact our prevailing rate lawyer, Brad Nakase, for a free consultation.

What are residential projects?

These are projects where single-family dwellings are subject to payments of prevailing wages. The dwelling can be either a home or an apartment and four stories or less. The payments come out of public funds, which can include federal funds as well.

What are commercial projects?

Commercial projects include anything that is non-residential. Besides new construction, repair work, reconstructions, alteration, and additions are all included. A commercial project can also include a residential project if it is five stories or higher.

What is overtime in California prevailing wage?

Workers must be paid the overtime prevailing wage rate for every additional hour worked past 40 hours in a single workweek. The hourly wage for work greater than eight hours per day and forty hours per week is one and one-half times the regular hourly rate. Overtime pay is paid at 1.5 times the basic rate of pay if the worker works more than 8 hours in a workday.

If you’re working off the clock you’re owed overtime prevailing rate even if the overtime is not approved. Working off the clock means that you’re doing work but not clocked in for work. If you’re not paid the overtime prevailing rate, please contact our prevailing rate lawyer to protect your rights.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

KPI HR

Navigate the world of HR KPIs to measure and enhance your human resources management effectiveness and align with organizational goals. Understand the vital role of KPIs in achieving fair compensation and strategic HR outcomes.

Job evaluation in HRM

Delve into the essentials of job evaluation in HRM, offering insights into its importance for pay equity and the top methods used. Understand how this systematic process helps determine fair compensation and supports equal, uniform pay structures.

HR Classes

Kickstart your HR career with the best beginner courses, offering foundational knowledge and practical skills for success in the field. Navigate the array of options for online certifications and real-world seminars to enhance your HR expertise.

Employee Value Proposition

Unlock the secrets to a compelling Employee Value Proposition (EVP) that attracts and retains top talent, boosting your employer brand. Dive into how an effective EVP enhances company culture, employee engagement, and business growth.

Recruiter Metrics

Discover the top 21 recruiter metrics that measure hiring effectiveness and refine your organization's talent acquisition process. Learn how to leverage these insights for a more efficient hiring strategy and improved candidate quality.

Leadership Competencies

Enhance leadership qualities within your organization to boost innovation and teamwork, with a focus on nurturing a broad spectrum of competencies. Dive into practical methods for developing essential leadership skills for organizational success and employee growth.

Human Resources Management Strategies

Uncover the keys to a successful HR management strategy that boosts business growth by aligning HR activities with organizational goals. Delve into effective HR practices, from recruitment to talent management, for enhancing workforce efficiency and productivity.

Books For HR

Discover the essential HR books for professionals eager to excel in human resources, spanning analytics, fundamentals, and management insights. These 21 recommended reads cover crucial skills, strategies, and innovations in HR.

Part time California Hours

Dive into the nuances of part-time employment in California, including work hours, rights, and common employer misconceptions. Protect your rights as a part-time worker against wage, overtime, and benefit discrimination.

What Is OASDI Tax

Understand the OASDI tax, a crucial component of the US Social Security program, deducted from earnings to support retirement. It ensures financial stability for retirees, the disabled, and their families, with a 6.2% rate matched by employers.

What does “biweekly” mean? Definition and examples

Unravel the dual meanings of "biweekly" with examples and tips for clear communication, whether it means twice a week or every two weeks. Discover the correct usage and alternatives to avoid confusion in scheduling and terminology.

Bereavement Leave

California workers now have the right to 5 days of bereavement leave for the loss of an immediate family member, effective January 1, 2023. This guide, by the CRD, outlines eligibility, usage, and employer obligations for employees and employers.

5 examples of insubordination in the workplace (with tips)

Learn how to identify and manage insubordination in the workplace with practical examples and effective resolution strategies for maintaining harmony. Discover tips for addressing workplace disputes and fostering a productive environment.

How To Get High School Transcript

Whether you're apply for college or or a job, you may need to get your high school transcript. This article walks you through the process of getting a high school transcript.

What to say when calling in sick? 150 examples you can use for calling sick

Do you want a reason or excuse for calling in sick to work? We got your back. This page provides 150 reasons and excuses for calling in sick.

How long does an employer have to fix a payroll error in California?

Employers in California have 30 days to correct payroll errors. If you're underpaid due to the employer's payroll error, you're entitled to one days wage up to 30 days for the mistake.

How to calculate a home caregiver’s wage pay for overtime?

Learn how to calculate a caregiver's overtime pay when paid an hourly rate; also learn how to calculate a caregiver's overtime pay when paid a flat rate for working 24 hours.

Is the patient or IHSS responsible for a caregiver wage?

This article highlights the legal protections and remedies available to caregivers for recovering unpaid wages, additional compensation, and late payment fees, demonstrating the legal channels caregivers can utilize to secure justice and proper payment.

How much money does a stripper make?

A stripper's earnings can range from $300 to $5,000 nightly or $6,000 to $100,000 monthly, influenced by factors such as location, attractiveness, skills, and the number of hours worked.

Learn How To Cope With Job Loss And Deal With Unemployment Stress

Job loss can be shattering. These strategies can assist in managing the stress associated with unemployment and restoring your confidence.

What does Job outlook mean and Why is it important?

A job outlook is a statement that project rate of growth or decline in employment for a position or occupation. Job outlook is important because it predicts if a career will grow or job availability for an occupation.

20 Types of Interviews and Tips to Succeed at Each

Interviews are pivotal in the hiring process, offering deeper insights into candidates' abilities. This article explores 20 common interview types, providing strategies for success. Preparation tips help candidates navigate each format, showcasing their qualifications effectively.

$16 An Hour Is How Much a Year?

If you make $16 an hour, your total income is $33,280 per year.

What is a floating holiday? How does it work?

A floating holiday is a paid day off that each employee can decide when to take. A floating holiday is a benefit some employers offer employees in addition to vacation or PTO.

What is California Pay Transparency Law?

California's pay transparency law mandates businesses to publish pay ranges in job descriptions, aiming to eliminate wage disparities and promote equitable compensation practices. The law impacts both employers and employees by requiring transparent salary structures, prohibiting salary history inquiries, and empowering employees with the right to know and negotiate fair pay.

Employee Law in California

Employment law in California comprises a set of regulations and legal standards that govern the relationship between employers and employees in the state. These laws cover a wide range of areas including wage and hour requirements, anti-discrimination policies, workplace safety, and employee rights.

159