CSLB Law & Business ExamPublic WorksMedium
A public works employee works 10 hours in one day on a project subject to prevailing wage requirements, with no alternate workweek agreement in place. How must the employee be compensated for the last 2 hours worked that day?
- AAt 1.5 times the prevailing wage rate
- BAt 2 times the prevailing wage rate
- CAt the straight-time prevailing wage rate
- DAt the employee's regular non-public-works hourly rate
Show answer & explanationAnswer & explanation
Correct answer: A. At 1.5 times the prevailing wage rate
Under prevailing wage law, workers on public works projects must be paid overtime (1.5 times the prevailing rate) for hours worked beyond 8 in a day or 40 in a week, absent a valid alternate workweek schedule. Double time applies only after 12 hours in a day, not after 8.
Why the other options are wrong
- B. Double time applies only after 12 hours worked in a day, not after 8.
- C. Straight-time only applies to the first 8 hours worked.
- D. Prevailing wage projects require the published prevailing rate, not the worker's regular private-sector rate.
Prevailing Wage Overtime
Public works employees must receive 1.5x the prevailing wage for hours worked beyond 8 per day or 40 per week, and 2x after 12 hours per day.
- Governed by Labor Code §1815
- Applies unless a valid alternate workweek exists
- Overtime is calculated on the prevailing wage rate, not minimum wage
Memory trick: Eight is straight, past that it's paid at 1.5.