Abatement and Restoration Worker Rights in California: Hazards, Pay

Abatement and restoration workers in California, including asbestos, lead and mold abatement crews and fire, water and smoke restoration technicians, are generally covered by Wage Order 16, which means overtime after 8 hours in a day, paid travel once you report to the yard or first job, and employer-provided tools, plus Cal/OSHA rules that make your employer provide respirators, training and medical monitoring at no cost to you.

This guide covers abatement technicians and laborers, mold remediation and water mitigation techs, fire and smoke restoration crews, demolition and debris crews, and wildfire cleanup workers, whether you were hired directly, through a subcontractor or through a staffing agency.

Who this guide is not for: general building trades should start with the construction worker guide, which covers pay, travel and subcontractor rules for all construction jobs; routine building cleaning is covered in the janitor guide; and insurance adjusters on catastrophe duty should see the claims adjuster guide.

1. Which wage rules apply to abatement and restoration workers?

Wage Order 16 covers on-site construction occupations, which include demolition, alteration, renovation, repair and maintenance of buildings. Abatement and restoration work on a structure usually fits. Workers who clean contents in a warehouse or work in the office may fall under a different order; see the wage orders guide.

• Minimum wage: $16.90 an hour in 2026 and $17.40 from January 1, 2027, or a higher local rate (minimum wage by city).
• Overtime: time and a half after 8 hours in a workday or 40 in a workweek and for the first 8 hours on a seventh consecutive day; double time after 12 hours in a day and after 8 on the seventh day. An alternative workweek of up to 10-hour days requires a secret-ballot vote by two-thirds of the affected crew.
• Breaks: a paid 10-minute rest break for every 4 hours worked (or major fraction of 4) and a 30-minute meal break after 5 hours.
• Hours worked means all time you are subject to the employer’s control, not just time on the job site. The California Supreme Court has held that time spent on the employer’s premises going through a mandatory exit search is paid time under this “control” test, and required suit-up, decontamination and shower-out time is generally paid for the same reason.
• Salaried supervisors: a “lead tech” or “supervisor” is exempt from overtime only if paid at least $70,304 a year in 2026 ($72,384 in 2027) and primarily doing exempt duties. See the duties test.

On public jobs such as schools and government buildings, contractors generally must pay the prevailing wage (Labor Code 1771). See what to do when prevailing wage is not paid.

By the numbers18 months

2. Yard time, travel and storm deployments

Wage Order 16 §5(A) says all employer-mandated travel after the first place your employer requires you to be is paid, at your regular rate or the overtime rate. If you must meet at the yard to load equipment and ride the company truck to the job, the ride is work time, and so is a required ride back to unload.

💡 Example: Marco, a hypothetical abatement tech, earns $25 an hour. He must be at the yard at 6:00 a.m. to load the truck (30 minutes), rides 1.5 hours to the job, works 8 hours on site plus an unpaid meal break, and rides 1.5 hours back to unload. That is 11.5 hours worked. He is owed 8 × $25 = $200.00 plus 3.5 × $37.50 = $131.25, or $331.25. Paid only for 8 site hours ($200.00), he is short $131.25 for the day.

Out-of-town deployments. The Labor Commissioner’s office has said that travel to and from a required out-of-town assignment is hours worked under California law, whether or not it falls in normal hours (time spent eating or sleeping is not). Twelve- to sixteen-hour cleanup days after fires and floods mean overtime and double time, and Wage Order 16 §3(E) bars discipline for refusing to work more than 72 hours in a workweek, except in an emergency, which the order defines as “an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action.” Disaster callouts may fit that definition, so the 72-hour protection may not apply on every deployment, but overtime and double time are still owed.

Per diem. A per diem that reasonably matches real travel costs generally is not treated as wages. Under the federal overtime rules (29 CFR 778.217), only the part that reasonably approximates expenses can be left out of your overtime rate; the excess counts as pay. California’s own rules on this point are less settled, so if your “per diem” rises with every hour you work, have it checked.

Your own vehicle. If you drive your own car or truck between jobs or to buy supplies, your employer must reimburse the cost (Labor Code 2802). Many employers use the IRS rate: 72.5 cents a mile for January to June 2026 and 76 cents from July 1, 2026. See mileage reimbursement.

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3. Asbestos, lead, mold and smoke: what your employer must provide

Hazard	What the employer must do	Rule
Asbestos	Keep exposure at or below 0.1 fiber per cubic centimeter (8-hour average); train you at no cost; provide respirators and protective clothing; set up a decontamination area for larger removal jobs; provide medical exams at no cost if you do covered asbestos work 30 or more days a year or are exposed at or above the limit; on asbestos work that requires Cal/OSHA registration, workers need training and certification from a Cal/OSHA-approved provider	8 CCR 1529
Lead	Keep exposure at or below 10 micrograms per cubic meter (limit in effect since Jan. 1, 2025; abrasive blasting has a higher interim limit until 2030); provide protective clothing and medical surveillance, including blood lead testing, at no cost	8 CCR 1532.1
Respirators (mold, dust, smoke, chemicals)	Provide respirators, training and medical evaluations at no cost, with a medical evaluation before fit testing or use	8 CCR 5144
Wildfire smoke	When the PM2.5 air quality index is 151 or higher, provide N95-type respirators for voluntary use; above 500, respirators are required	8 CCR 5141.1
Heat	Outdoors: water, shade and cool-down rest. Indoors: the rule applies at 82°F, and cooling controls are required at 87°F, or at 82°F when you wear clothing that restricts heat removal, such as protective suits	8 CCR 3395, 3396

Lead medical removal protection

Your employer must remove you from lead work if your last blood lead test is at or above 30 micrograms per deciliter; since January 1, 2026, also if your last two tests are both at or above 20, or the average of your tests over the last six months is at or above 20 (unless your last test is below 15). A doctor’s final finding that a medical condition puts you at increased risk from lead can also require removal. While you are removed, it must keep your normal earnings, seniority and benefits for up to 18 months. You return when two tests at least 30 days apart are both below 15.

Employers doing asbestos work covering 100 square feet or more must also be registered with Cal/OSHA (Labor Code 6501.5).

4. Who is responsible: subcontractors, staffing agencies and general contractors

Who is your employer?

Many restoration companies are franchises, and abatement crews are often supplied by subcontractors or staffing agencies. Your pay stub and the wage notice you get at hire (Labor Code 2810.5) should show your employer’s legal name. Write it down, along with the general contractor and the job addresses.

Paid as a “sub” or 1099 worker

California presumes you are an employee unless the company proves the ABC test (Labor Code 2775). For work that requires a contractor’s license, a worker must hold a valid license to be treated as an independent contractor (Labor Code 2750.5). See the ABC test.

Staffing agencies

Under Labor Code 2810.3, a company that uses workers supplied by a labor contractor can share liability for their unpaid wages and missing workers’ comp coverage if it has 25 or more workers and more than 5 supplied workers, and the work is part of its usual business. See the temp and staffing worker guide.

General contractors on private jobs

For private construction contracts signed on or after January 1, 2026, the direct (general) contractor is liable for a subcontractor’s unpaid wages, benefit contributions and interest, and workers can sue it directly (Labor Code 218.9). Penalties and liquidated damages are owed only if the contractor knew of the nonpayment or failed to take the required steps (periodic payroll review, corrective action such as withholding payment, and a sworn affidavit from the subcontractor before final payment). The suit must be filed within one year of the earliest of actual completion, a recorded notice of completion or a recorded notice of cessation. For contracts from 2022 through 2025, Labor Code 218.8 makes the general contractor liable too, but only the Labor Commissioner, a third party owed benefit payments or a joint labor-management committee can sue under it.

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5. Pay problems we see in abatement and restoration jobs

Practice	Is it legal?	Law
Paying only from arrival on site after a required yard meetup	No	Wage Order 16 §5(A)
Not paying time to suit up, decontaminate or shower out	Generally no, when the employer requires it	Wage Order 16 §2(J)
Straight time for 14-hour storm days	No	Wage Order 16 §3; Labor Code 510
Charging you for respirators and cartridges, or for protective clothing on lead jobs	No	8 CCR 5144(c)(4), 1532.1(g)(1)
Making you buy tools when you earn less than twice the minimum wage	No	Wage Order 16 §8
No mileage pay for your own truck	No	Labor Code 2802
Calling part of your pay “per diem” to lower the overtime rate	May be unlawful	29 CFR 778.217
Sent home after reporting with no work	Owed half the scheduled day, 2 to 4 hours	Wage Order 16 §5(B)
Paying a crew in cash as “subs”	Generally no	Labor Code 2775, 2750.5

By the numbersOne year

6. Safety, injuries and workers’ comp

Workers’ comp covers injuries and illnesses caused by work, including falls, burns, cuts, heat illness and illness from toxic exposure. Report an injury in writing within 30 days (Labor Code 5400) and generally file within 1 year (Labor Code 5405). For 2026 injuries, temporary disability pays $264.61 to $1,764.11 a week.

Lung disease, lead poisoning and asbestos-related illness can show up years later. For conditions that build up over time, Labor Code 5412 sets the date of injury as the date you first suffered disability from the condition and knew, or reasonably should have known, that your work caused it. See toxic exposure claims and respiratory illness claims. You may also have a claim against someone other than your employer, such as a product maker; see suing outside workers’ comp.

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7. Retaliation, discrimination and leave

Protected activity	Protection	Law
Reporting missing respirators, unsafe removal or heat hazards	No discharge or discrimination	Labor Code 6310
Refusing work that violates a safety order and creates a real and apparent hazard	No layoff or discharge; pay for lost time	Labor Code 6311
Complaining about pay or filing a wage claim	No firing, discipline or threats	Labor Code 98.6
Reporting a legal violation to an agency or supervisor	Whistleblower protection	Labor Code 1102.5
Filing a workers’ comp claim	No discrimination	Labor Code 132a
Using paid sick leave (40 hours or 5 days a year)	No denial or retaliation	Labor Code 246, 246.5
Speaking up when the response is an immigration threat	Unfair immigration-related practice; status irrelevant	Labor Code 1019, 1171.5
Reporting harassment or discrimination	No retaliation	Gov. Code 12940 (FEHA)

For immigration enforcement at job sites, see ICE jobsite visits.

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8. What you can recover and deadlines

You may be able to recover unpaid wages and overtime with interest, travel and decon time, reimbursed expenses, break premiums, pay stub and waiting-time penalties, and PAGA civil penalties. Deadlines:

• 3 years for most wage claims, up to 4 when the Unfair Competition Law also applies.
• 1 year from the earliest of project completion or a recorded notice of completion or cessation to sue a general contractor under Labor Code 218.9.
• 1 year for a retaliation complaint with the Labor Commissioner (Labor Code 98.7).
• 3 years to file a discrimination or harassment complaint with the Civil Rights Department.
• 30 days to report an injury and generally 1 year to file a workers’ comp claim.

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9. What to do now

1. Log your hours from the time you report to the yard, including travel, suit-up and decon time.
2. Save dispatch texts, job addresses and pay stubs, and note the general contractor on each job.
3. Keep copies of training certificates, medical exams and blood lead results.
4. Report safety problems in writing and keep a copy; Cal/OSHA takes complaints too.
5. Request your records: your personnel file and payroll records.
6. Check your numbers with our wage and hour calculator and talk to our wage and hour team before you sign a release.

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10. Frequently asked questions

Do I get paid for riding from the yard to the job site?

Generally yes, if your employer requires you to report to the yard first. Wage Order 16 §5(A) makes travel after that first required stop paid time.

Who pays for my respirator and suits?

Your employer. Respirators, medical evaluations and training must be provided at no cost. The lead rule requires protective clothing at no cost when exposure is above the limit, and the asbestos rule requires the employer to provide or require protective clothing on covered jobs.

I was pulled off lead work for high blood lead. Do I still get paid?

Yes. Under Cal/OSHA’s lead rule, your employer must keep your normal earnings, seniority and benefits for up to 18 months while you are removed.

The subcontractor didn’t pay us. Can we go after the general contractor?

Often. For private contracts signed on or after January 1, 2026, workers can sue the direct contractor within one year of the earliest of project completion or a recorded notice of completion or cessation; for contracts signed from 2022 through 2025, the Labor Commissioner (or a benefit fund or labor-management committee) can pursue it.

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11. Laws this guide relies on

Law	What it does
Wage Order 16	Hours, overtime, travel, reporting time and tools for construction work
Labor Code 510, 1771	Overtime; prevailing wage on public works
Labor Code 2802	Expense and mileage reimbursement
8 CCR 1529, 1532.1, 5144, 5141.1	Asbestos, lead, respirators and wildfire smoke
Labor Code 6310, 6311, 6501.5	Safety retaliation, refusing hazardous work, asbestos registration
Labor Code 2775, 2750.5, 2810.3	Misclassification and staffing agency liability
Labor Code 218.8, 218.9	General contractor liability for subcontractor wages
Labor Code 5400, 5405, 5412, 132a	Workers’ comp reporting, deadlines and retaliation

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Sources

• IWC Wage Order 16 (Construction, Drilling, Logging and Mining), DIR
• DIR News Release 2026-66: 2027 minimum wage and exempt salary
• DLSE Opinion Letter 2002.02.21 (out-of-town travel time)
• Frlekin v. Apple Inc. (Cal. 2020), “hours worked” and the control test
• 8 CCR 1529, Asbestos (construction), Cal/OSHA
• 8 CCR 1532.1, Lead (construction), Cal/OSHA
• 8 CCR 5144, Respiratory Protection, Cal/OSHA
• 8 CCR 5141.1, Wildfire Smoke, Cal/OSHA
• 8 CCR 3395, Heat Illness Prevention and 8 CCR 3396, Indoor Heat
• Labor Code 218.9 (direct contractor liability, 2026 contracts)
• Labor Code 218.8 (direct contractor liability, 2022–2025 contracts)
• Labor Code 2750.5 (license and contractor status)
• Labor Code 6311 (refusing unsafe work)
• Labor Code 6501.5 (asbestos registration)
• 29 CFR 778.217 (expense reimbursements and the regular rate)
• DIR News Release 2025-116: 2026 temporary disability rates

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