Tow Truck Driver Labor Laws in California: On-Call, 24s, Commission

California tow truck driver labor laws start with IWC Wage Order 9: if a towing company employs you, you are owed at least minimum wage for every hour you are under its control, including time waiting at the yard for calls, and if you are paid per tow, that waiting time must be paid separately. Whether you also get California overtime depends on whether hours-of-service rules govern your driving, and whether on-call time counts as work depends on how tightly the company controls you.

This guide covers drivers who work for towing and roadside companies. Long-haul and freight drivers should read our truck driver guide, and the special sleep-time rule for ambulance crews is explained in our EMT and paramedic guide.

1. Which wage rules apply to tow truck drivers?

The Labor Commissioner lists tow companies under IWC Wage Order 9, the transportation order. It covers people paid “on a time, piece rate, commission, or other basis.”

• Minimum wage: at least $16.90 an hour statewide in 2026 and $17.40 from January 1, 2027, for every hour worked. Many cities set higher rates; check your city’s minimum wage.
• No commission exemption: unlike the retail and office orders, Wage Order 9 has no overtime exemption for commissioned employees. Calling your pay “commission” does not take away overtime you would otherwise be owed.
• Union contracts: under Labor Code 514, state overtime rules don’t apply if a qualifying union contract pays premium overtime and a regular rate at least 30% above the state minimum wage.

The overtime question

Wage Order 9 §3(L) says the order’s overtime rules don’t apply to employees whose hours are regulated by federal hours-of-service rules (49 C.F.R. 395.1–395.13) or California’s driver-hours rules (13 CCR 1200 and following). So the key question is whether those rules govern your driving.

Your situation	California overtime?
You run CHP rotation calls (the CHP tow agreement requires drivers to follow 13 CCR 1212 and 1212.5)	Often no
You drive a heavy-duty wrecker or other truck covered by state or federal hours rules	Generally no
You drive a light-duty truck that no hours-of-service rule covers	Generally yes, though coverage can be disputed
Dispatcher, impound lot or yard worker	Generally yes

The Labor Commissioner said the exemption doesn’t apply to two-axle trucks under 26,000 pounds that stay in California and fall outside the vehicle categories state agencies regulate (DLSE opinion letter, July 10, 1996). Opinion letters aren’t binding, and the answer turns on your truck and your calls, so get advice on your facts. Even when overtime doesn’t apply, minimum wage does, for every hour.

By the numbers16 hours

2. On-call shifts and 24s: when waiting is work

Wage Order 9 counts as “hours worked” all time you are “subject to the control of an employer.”

Waiting at the yard. The California Supreme Court held that security guards’ on-call hours spent at the worksite under the employer’s control were “compensable hours worked,” and that their wage order did not allow sleep time to be deducted from 24-hour shifts (Mendiola v. CPS Security Solutions (2015) 60 Cal.4th 833). The court noted that only Wage Orders 5 and 9 contain sleep-time language, and Wage Order 9’s rule (§3(K)) is limited to ambulance drivers and attendants on 24-hour shifts with a written agreement. Mendiola involved a different wage order, but under its reasoning, if you must stay at the yard or in the truck through a 24, that time is generally work time, sleep included.

On call from home. Time at home can also be work time if the restrictions are heavy enough. Courts look at factors such as:

• how quickly you must respond, and how far you may go;
• how often calls come in;
• whether you can easily trade on-call duty; and
• whether you can actually use the time for personal activities.

Under the CHP’s 2026–2027 tow service agreement, operators must respond within maximum response times set by the local CHP Area commander. A company that passes a short response window on to you, plus a rule that you stay near the truck, is exercising control that can make on-call hours paid hours. Our security guard guide covers similar on-call and sleep-time fights.

A 24 is not 24 hours of driving. California’s hours rules include an optional tow-truck provision the company may elect: under it, you may not drive more than 12 hours after at least 10 hours off duty, or at all after 16 hours on duty, or after 80 hours on duty in 8 days without a 34-hour reset (13 CCR 1212(q)). CHP rotation operators must keep enough drivers to comply with the hours rules.

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3. Per-tow pay, “commission” and percentage pay

Many tow companies pay a flat amount or a percentage per tow and call it commission. Labor Code 204.1, written for car dealers, defines commission wages as pay “for services rendered in the sale of” the employer’s property or services, based on the amount or value of the sale. The Labor Commissioner says “it is the nature of the compensation that is determinative, not the label.”

• If you are paid per tow (piece rate), Labor Code 226.2 requires the company to pay rest and recovery periods and “other nonproductive time” separately from tow pay. Nonproductive time under the company’s control, such as waiting at the yard, must be paid at least the applicable minimum wage. Rest breaks are paid at the higher of your average hourly rate or minimum wage. Your pay stub must list these separately.
• If your pay really is a sales commission, the agreement must be in writing, explain how commissions are computed and paid, and you must get a signed copy (Labor Code 2751). The Labor Commissioner’s FAQ says similar pay requirements apply to commission employees.
• Either way, your pay must cover at least minimum wage for every hour worked.

💡 Example: Marco is paid $45 per tow. One week he completes 18 tows ($810) over 50 hours on duty, 20 of them spent waiting at the yard for calls. Under Labor Code 226.2, those 20 hours of nonproductive time must be paid separately at no less than minimum wage: 20 × $16.90 = $338 at the 2026 state rate. If the company paid only the $810, Marco is short at least $338 for the week, before separate rest-break pay or any overtime owed. (Hypothetical. A higher local minimum wage increases the amount.)

4. Meal and rest breaks on rotation calls

Under Wage Order 9 §§11–12, you are owed a 30-minute meal period when you work more than 5 hours, a second after 10, and a paid 10-minute rest period for every 4 hours or major fraction. An “on duty” meal period is allowed only when the nature of the work prevents relief from all duty and you agree in writing; you can revoke that agreement. Rest breaks must be off duty: the California Supreme Court held that employers must relieve employees of “all duties,” including “the obligation that an employee remain on call” (Augustus v. ABM Security Services (2016) 2 Cal.5th 257). If you must keep the radio on and roll on the next call during your break, that break generally doesn’t count, and you are owed one hour of premium pay per workday for missed meal periods and another for missed rest periods.

One exception: in 2018 the Federal Motor Carrier Safety Administration declared California’s break rules preempted for drivers of property-carrying commercial motor vehicles who are subject to federal hours-of-service rules, and the Ninth Circuit upheld that decision in 2021. If you drive a commercial motor vehicle in interstate commerce under those federal rules, California break rules generally don’t apply, though federal rest requirements do. Our meal and rest break page explains your options when they do apply.

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5. Owner-operators and misclassification

Some companies label drivers as independent contractors or “owner-operators.” Under the ABC test in Labor Code 2775, you are an employee unless the company proves you are free from its control, your work is outside the usual course of its business, and you run an independently established towing business. A towing company hiring drivers to tow will struggle with the second part.

The Labor Code has no general exemption for tow drivers. A separate rule for motor clubs (Labor Code 2784) only decides whether the motor club itself is your employer when you work for a tow company that contracts with it; it doesn’t make you a contractor of the tow company. If you were misclassified, you may recover expenses such as fuel, truck payments and insurance under Labor Code 2802, plus penalties for willful misclassification. See our ABC test guide.

By the numbers$16.90

6. Pay problems we see in this job

Practice	Is it legal?	Law
Paying only per tow, nothing for yard time between calls	No. Nonproductive time must be paid separately at least at minimum wage.	LC 226.2
Not counting overnight time at the yard on a 24	Generally no. Time under the employer’s control is hours worked; only ambulance crews have a sleep-time rule.	Wage Order 9 §§2(G), 3(K)
Deducting damage to a customer’s car from your pay	No, unless caused by a dishonest or willful act or gross negligence.	Wage Order 9 §8
Making you use your own phone for dispatch without reimbursement	No. Necessary work expenses must be reimbursed.	LC 2802
Unpaid time for training the company requires, such as rotation training	Generally no. Required training is time under the employer’s control.	Wage Order 9 §2(G)
Paying for a required uniform	No. The employer must provide and maintain it.	Wage Order 9 §9(A)
Making you pay for the physical exam your license requires	No, unless you took it before applying.	LC 231

Owners, directors, officers and managing agents who cause certain wage violations can be held personally liable (Labor Code 558.1), which matters at small family-run tow companies.

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7. Safety, injuries and workers’ comp

Roadside work. California’s Move Over law requires drivers approaching a stopped tow truck displaying flashing amber lights to change lanes when practicable or slow to a safe speed (Vehicle Code 21809). Cal/OSHA’s heat illness standard (8 CCR 3395) applies to outdoor work, including water, shade and cool-down rests; see our heat illness guide. Most employers must also have a workplace violence prevention plan and log violent incidents (Labor Code 6401.9).

Injuries. Report an injury to your employer in writing within 30 days (Labor Code 5400) and file a DWC-1 claim form; the general deadline is one year (Labor Code 5405). If a passing driver hits you at a scene, you may also have a lawsuit against that driver (Labor Code 3852).

Refusing unsafe work. You can’t be laid off or fired for refusing work that would violate a safety law or standard and create a real and apparent hazard (Labor Code 6311). Federal law also protects drivers of commercial motor vehicles who refuse to drive in violation of federal safety rules, including hours limits (49 U.S.C. 31105).

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8. Retaliation, discrimination and leave

Protected activity	Protection	Law
Complaining about unpaid on-call time, per-tow pay or breaks	No firing, discipline or threats	LC 98.6
Reporting hours-of-service, safety or other legal violations	Whistleblower protection; civil penalty up to $10,000 per violation	LC 1102.5
Safety complaints or refusing unsafe work	No discharge or discrimination	LC 6310, 6311
Refusing to drive a commercial vehicle in violation of federal rules	Federal protection; complaint to the U.S. Labor Department within 180 days	49 U.S.C. 31105
Filing a workers’ comp claim	No discrimination for claiming benefits	LC 132a
Using paid sick leave	No retaliation	LC 246.5
Disability, race, national origin, age and other traits	No discrimination or harassment; accommodation	FEHA

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9. What you can recover and deadlines

You may be able to recover unpaid minimum wages for yard and on-call time, with interest (Labor Code 1194); separate pay for nonproductive time and rest periods; overtime where it applies; break premiums; reimbursed expenses; penalties for late final pay (Labor Code 203) and inaccurate pay stubs (Labor Code 226(e)); and civil penalties under PAGA.

Deadlines: generally 3 years for wage claims; 1 year for a Labor Commissioner retaliation complaint (Labor Code 98.7); 3 years for a Civil Rights Department complaint; and for workers’ comp, 30 days to report and generally 1 year to file.

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10. What to do now

1. Log every shift: when you were on call, where you had to stay, how fast you had to respond, each call, and each break cut short.
2. Save pay stubs, tow tickets, dispatch texts and any pay agreement, and put concerns in writing.
3. Request your records: your personnel file (Labor Code 1198.5) and payroll records (Labor Code 226(b)).
4. Report injuries in writing within 30 days.
5. Run your numbers through our wage and hour calculator, then get a free case review.

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Frequently asked questions

Do tow truck drivers get overtime in California?

Sometimes. If state or federal hours-of-service rules regulate your driving, as they often do for CHP rotation work and heavier trucks, Wage Order 9 overtime generally doesn’t apply. Drivers outside those rules, and dispatchers and yard staff, are generally owed overtime after 8 hours a day or 40 a week.

Is on-call time paid for tow truck drivers?

On-call time spent at the yard or in the truck under the company’s control is generally paid time. On-call time at home can be paid when response-time, distance and call-frequency limits keep you from using the time as your own.

Can my company pay me only per tow?

Per-tow pay is allowed, but waiting at the yard and other nonproductive time must be paid separately at least at minimum wage, rest breaks must be paid separately, and your pay stub must show both.

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Laws this guide relies on

Law	What it does	Link
IWC Wage Order 9	Minimum wage, hours worked, breaks, deductions; hours-of-service overtime exemption (§3(L))	Wage Order 9 guide
Labor Code 226.2	Separate pay for nonproductive time and rest periods under piece-rate pay	Labor Code 226.2
Labor Code 204.1, 2751	What a commission is; written commission agreements	Labor Code 2751
13 CCR 1212(q)	Hours limits for tow truck drivers	13 CCR 1212
Labor Code 2775, 2784	ABC test; motor club rule	Labor Code 2775
Vehicle Code 21809	Move Over law covering tow trucks	Vehicle Code 21809

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Sources

• 8 CCR 11090 (IWC Order 9), IWC Order No. 9-2001 (posted order) and DLSE, Which IWC Order? Classifications
• DIR News Release 2026-66 (2027 minimum wage and exempt salary)
• Labor Commissioner, piece-rate (AB 1513) FAQ and DLSE opinion letter, July 10, 1996
• Labor Code 204.1, 231, 514, 2784 and 6401.9
• 13 CCR 1200 and 1212; CHP Tow Service Agreement, 2026–2027
• Mendiola v. CPS Security Solutions (Cal. Supreme Court, S212704) and Augustus v. ABM Security Services (S224853)
• FMCSA, California meal and rest break preemption determination (2018)
• Cal/OSHA, 8 CCR 3395 (outdoor heat) and 49 U.S.C. 31105

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