Overtime rules for construction workers
Construction workers are non-exempt under the FLSA and entitled to overtime after 40 hours per week. Public works projects governed by the Davis-Bacon Act have prevailing wage and OT requirements.
- Industry: Construction
- Average hourly rate (US): $28.00
- Average weekly hours: 45
Special rules for construction workers
- Davis-Bacon prevailing wage applies to federal construction projects
- California: Daily OT after 8 hrs and double time after 12 hrs apply
- Travel between job sites may count as compensable work time
- Apprentices may have separate wage scales but still earn OT
Are construction workers entitled to overtime?
The answer depends on your specific job duties, salary level, and state. Under federal FLSA, most construction workers are non-exempt and entitled to time-and-a-half pay for hours worked beyond 40 per week. Some categories — like senior-level or specifically exempt roles — may not qualify.
To determine your status, ask: Are you paid hourly, or do you earn at least $43,888/year on a salary basis? Do your job duties match the FLSA's exemption tests (executive, administrative, or professional)? If you're unsure, the calculator above will help estimate your OT pay assuming you're non-exempt.
How to calculate construction workers' overtime pay
For most construction workers working under federal FLSA rules:
- Identify your regular hourly rate. If salaried, divide your weekly salary by 40.
- Track all hours worked in the workweek. Include training, mandatory meetings, and any pre/post-shift duties.
- Subtract 40 to find OT hours. All hours over 40 are overtime.
- Multiply OT hours by your rate × 1.5. This is your overtime pay.
- Add regular pay (40 × rate) to OT pay for your gross weekly total.