Certain On-Site Occupations in the Construction, Drilling, Logging and Mining #16

California IWC Wage Order No. 16 – Construction, Drilling, Logging & Mining

Help satisfy California workplace posting requirements with the California IWC Wage Order No. 16 – Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries Poster. This 18 x 24-inch notice explains important wage, hour, overtime, meal period, rest period, reporting time, travel time, and working-condition requirements for employees covered by California Industrial Welfare Commission Wage Order No. 16.

California employers must determine which Industrial Welfare Commission Wage Order applies to their employees and post the applicable order in an area frequented by employees where it can be easily read during the workday.

What Is California IWC Wage Order No. 16?

IWC Wage Order No. 16-2001 regulates wages, hours, and working conditions for certain employees working in on-site occupations in California's construction, drilling, logging, and mining industries.

Wage Order No. 16 applies based largely on the work employees actually perform. When an employee works in an occupation covered by Wage Order No. 16, the order supersedes another industry or occupational Wage Order that might otherwise apply to that employee.

Who Is Covered by IWC Wage Order 16?

Wage Order No. 16 generally applies to employees working in covered on-site occupations involving:

• Construction
• Drilling
• Logging
• Mining

The order applies whether covered employees are compensated on a time, piece-rate, commission, or other basis, subject to applicable exemptions and exclusions.

What Construction Work Is Covered by Wage Order 16?

California defines construction occupations broadly for purposes of Wage Order No. 16. Covered work can include:

• Building
• Alteration
• Demolition
• Excavation
• Renovation
• Remodeling
• Maintenance
• Improvement
• Repair work
• Other construction occupations and trades
• Work for which a California contractor's license is required

What Drilling Work Is Covered?

Wage Order No. 16 covers job classifications associated with exploration or extraction of oil, gas, or water resources.

Covered drilling activities can include work involving:

• Drilling wells
• Establishing wells
• Reworking wells
• Maintaining or repairing wells and pumps
• Boring
• Excavating
• Casting
• Cementing
• Cleaning wells
• Other work involving extraction or conveyance of water, steam, gas, or petroleum

What Logging Work Is Covered?

Wage Order No. 16 covers logging work for which a timber operator's license is required under California law.

Covered logging occupations can include cutting or removing timber and other solid wood forest products for commercial purposes as well as work incidental to those operations, such as:

• Construction and maintenance of logging roads
• Fuel breaks
• Firebreaks
• Stream crossings
• Landings
• Skid trails
• Tree-falling areas
• Fire-hazard abatement

What Mining Work Is Covered?

Wage Order No. 16 applies to certain mining occupations involving excavation or operations above or below ground in mines, quarries, and open pits.

Covered activities can involve exploration or extraction of:

• Nonmetallic minerals and ores
• Coal
• Stone
• Gravel
• Rock
• Other building or commercially extracted materials

Certain mining employees covered by other provisions of California law may be outside Wage Order No. 16, so employers should review the complete applicability provisions.

Wage Order 16 vs. Other California Wage Orders

Wage Order No. 16 contains an important coverage rule: for employees working in occupations covered by Wage Order No. 16, this order supersedes other California industry or occupational Wage Orders.

For example, an employer whose primary business falls under another California industry Wage Order may still have employees whose on-site construction, drilling, logging, or mining occupations are governed by Wage Order No. 16.

What Workplace Rules Does Wage Order 16 Cover?

California IWC Wage Order No. 16 addresses numerous wage-and-hour and working-condition requirements, including:

• Hours and days of work
• Overtime compensation
• Alternative workweek schedules
• Minimum wages
• Reporting time pay
• Employer-mandated travel time
• Payroll and employment records
• Cash shortages and breakage
• Uniforms and equipment
• Meals and lodging
• Meal periods
• Rest periods
• Changing rooms and resting facilities
• Exempt employee classifications
• Other working conditions addressed by the order

California Minimum Wage and Wage Order 16

California's statewide minimum wage is updated separately from the underlying IWC Wage Orders. Employers should display the current California Minimum Wage notice together with the applicable Wage Order.

Employers must pay covered employees at least the current applicable California minimum wage and should determine whether prevailing wage requirements, collective bargaining agreements, local ordinances, or other laws establish higher compensation requirements for particular construction or public works projects.

Overtime Under IWC Wage Order 16

Wage Order No. 16 contains California overtime requirements for covered nonexempt employees.

Generally, covered employees may be entitled to overtime compensation at one and one-half times their regular rate of pay for applicable hours worked over eight hours in a workday, over 40 hours in a workweek, and for the first eight hours worked on the seventh consecutive day of work in a workweek.

Applicable hours worked over 12 in a workday and over eight hours on the seventh consecutive day can require double-time compensation.

Alternative Workweek Schedules

Wage Order No. 16 contains provisions allowing qualifying employees to work an alternative workweek schedule when California's applicable election and scheduling requirements are satisfied.

An alternative workweek generally must be proposed in writing and approved through a secret-ballot election by at least two-thirds of the affected employees in the applicable work unit.

Special restrictions can apply to alternative workweeks on public works projects, so contractors should review both Wage Order No. 16 and applicable California public works requirements before implementing an alternative schedule.

Travel Time Under Wage Order 16

Wage Order No. 16 contains a specific rule concerning employer-mandated travel.

Employer-mandated travel occurring after the first location where the employee's presence is required by the employer must be compensated at the employee's regular rate of pay or the applicable premium rate when overtime requirements apply.

This provision can be particularly important for construction and field employees who report to one location and are then required to travel to another jobsite or work location.

Reporting Time Pay

Wage Order No. 16 contains reporting time pay requirements for employees who are required to report to a worksite but are not put to work or are provided less than half of their usual or scheduled day's work.

Subject to applicable requirements and exceptions, the employee generally must receive compensation for half of the usual or scheduled day's work, with a minimum of two hours and a maximum of four hours of reporting time pay.

Exceptions can apply when operations cannot begin or continue because of threats to employees or property, recommendations from civil authorities, utility failures, acts of God, or other causes outside the employer's control.

Meal Period Requirements

Wage Order No. 16 contains meal period requirements for covered employees. In general, employees may not be employed for a work period of more than five hours without receiving a meal period, subject to applicable exceptions and waiver provisions.

A second meal period may also be required when an employee works more than 10 hours in a workday, subject to applicable California requirements.

Special provisions can apply to employees covered by qualifying collective bargaining agreements.

Rest Period Requirements

Wage Order No. 16 generally requires employers to authorize and permit covered employees to take paid rest periods based on the total hours worked.

The authorized rest period is generally based on 10 minutes of net rest time for every four hours worked or major fraction thereof, insofar as practicable near the middle of each work period.

Wage Order No. 16 also contains special provisions for limited circumstances in which interrupting continuous operations would jeopardize the product or process of the work.

Collective Bargaining Agreements

Wage Order No. 16 contains several provisions addressing employees covered by valid collective bargaining agreements.

Depending on the provision involved, a qualifying collective bargaining agreement can affect overtime, meal period, rest period, reporting time, or other Wage Order requirements.

Unionized construction, drilling, logging, and mining employers should review both the applicable collective bargaining agreement and Wage Order No. 16.

California Public Works and Prevailing Wage

Wage Order No. 16 and California public works prevailing wage requirements are separate but can both apply to construction employees.

Contractors performing covered public works should determine whether employees are entitled to applicable prevailing wage rates, fringe benefits, apprenticeship requirements, certified payroll protections, and other public works requirements in addition to Wage Order No. 16.

Displaying Wage Order No. 16 does not replace any required public works or prevailing wage posting.

Does Wage Order 16 Apply to Exempt Employees?

Sections 3 through 12 of Wage Order No. 16 generally do not apply to employees who satisfy California's requirements for administrative, executive, or professional exemptions.

Whether an employee qualifies as exempt depends on the employee's actual duties, compensation, and other applicable requirements. A job title or salaried status alone does not establish an exemption.

Where Must IWC Wage Order 16 Be Posted?

California requires every employer subject to Wage Order No. 16 to keep a copy of the order posted in an area frequented by employees where it can be easily read during the workday.

Depending on the worksite, appropriate locations may include:

• Construction job trailers
• Employee bulletin boards
• Jobsite check-in areas
• Employee break areas
• Maintenance facilities
• Drilling sites
• Mining facilities
• Logging operation employee areas
• Other conspicuous employee locations

When the location of work or other conditions make posting impractical, the employer must keep a copy of the order and make it available to every employee upon request.

Is California IWC Wage Order No. 16 Required?

Yes, when Wage Order No. 16 applies to the employer's employees. California requires employers to keep the applicable IWC Wage Order posted where employees can easily read it during the workday.

The applicable Wage Order should be displayed with other required California and federal workplace notices. Construction employers should also determine whether project-specific prevailing wage, public works, federal contractor, OSHA, or other notices are required.

How Do I Know Which California Wage Order Applies?

California maintains multiple industry and occupation Wage Orders. Wage Order No. 16 is particularly important because it applies to specified on-site occupations and expressly supersedes other industry or occupation orders for employees performing work covered by Wage Order No. 16.

Employers should evaluate the work employees actually perform, the location of that work, and applicable exemptions when determining whether Wage Order No. 16 applies.

IWC Wage Order No. 16 Poster Specifications

• 18"W x 24"H
• Portrait orientation
• Printed in full color
• Laminated with high-quality laminate
• Available in English and Spanish
• California Construction, Drilling, Logging and Mining Wage Order

California Labor Law and Compliance Resources

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