California Charter Schools: AB 2765 Compliance
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Two-tiered: An employer who pays more than the minimum required fringe benefits is not permitted to reduce or offset the excess amount from the required base wage rate.
Not specified. However, state requires at least semi-monthly payments for anyone, firm or corporation, operating a railroad, mine, refinery, or any work related to oil and gas production, as well as factories, mills or workshops. Update: All federal-aid highway construction contracts covered under the Davis-Bacon Act (DBA) must have weekly payments.
16-6-110 : OT over 8hrs a day, or more than 40 hrs for week; or employee may agree to OT for over 40 hrs in 1 week
Individually
Weekly
OT after 8 and over 40, unless a valid agreement for 4/10’s exists. DT between 6:00pm Saturday and 6:00am Monday
Total package, as Federal does.
Nothing stated under law
Anything over 40 hours in a week
Total package, as Federal does.
Weekly
Anything over 40 hours in a week
No fringes.
At least twice a month; weekly for federally funded projects
Anything over 40 hours in a week
No fringes.
Weekly
Anything over 40 hours in a week
Total package, as Federal does.
Weekly
Anything over 8 in a day and 40 in a week.
The total package is what is enforced.
Weekly
After 40 in a week
Total package, like Federal (See FAQs for Employees)
Weekly
Overtime is typcially due on a daily basis, after 8 hours in a day. Different rules exist for a 4/10 schedule. OT must be paid for all Saturdays and Sundays, and six legal holidays (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving & Christmas)
Employers who have not established a plan, by a labor agreement or otherwise, for the provision of wages as defined in division (E)(2) of section 4115.03 of the Revised Code must pay the full prevailing wage rate in cash.
Every employer operating in this state must pay employees twice a month:
(a) By the 1st of each month, wages earned during the first half of the previous month (ending on the 15th) must be paid.
(b) By the 15th of each month, wages earned during the last half of the previous month must be paid.
All hours over 40 in a week
Individually.
Weekly
Per classification.
Total package, similar to Federal.
Weekly
After 40 hours in a week
Total package can be paid; however individual classifications may have special OT requirements.
Twice a month
Typically anything over 8 hours in a day; HOWEVER, this can be different per classification. DT can be required as well.
Total Package. The published wage detemrination includes a single rate that combines wages and fringe benefits. Overtime (OT) must be paid on the full amount.
Update (5/6/24): However, OT does not apply to contributions made to a bona fide benefit plan.
Twice a month
NRS 338.020 (3)(a)(b: )40 hours in work week, OR 8 hours in work day unless an approved 4/10’s schedule applies
Total Package
Weekly
After 40 hours in a week
GWO wage and fringes are separate. Total package paid as Federal is acceptable. However, some classifications demand OT on fringes. Must refer to OT language in GWO.
Weekly
10 hours in a day and 40 hours in a week. (GWO: see classification individually)
Total Package
May be paid bi-weekly.
After 8 hours in a day or 40 hours in a week
Total package
Weekly
OT includes fringes benefits. OT is required after 8 hours worked in a day, on Saturday, Sunday & Holidays, and after 10 hours if four 10’s are worked.
Individually.
Weekly
After 40 hours in a week
Total package
Weekly
After 10 hours in a day, on Sunday or holidays
Pursuant to Maine prevailing wage law, a prevailing wage rate includes an hourly base rate plus fringe benefits. “Benefits” are defined as: health and welfare contributions, pension or individual retirement account contributions, and vacation and annuity contributions, per diem in lieu of wages and any other form of payment, except for wages, made to or on behalf of the employee. If a defined contribution amount is not established, the most accurate estimated value of contributions must be included.
Not specified in statute
After 40 hours in a week
Individually.
Law does not specify.
Over 40 Hours
A contractor can meet the prevailing wage requirements using any of the following payment methods, as long as the total equals or exceeds the amount in the wage rate schedule:
(a) By paying the basic hourly rate and by making contributions for the fringe benefits in the amount specified in the wage rate schedule;
(b) By paying the basic hourly rate and an additional cash payment in lieu of the fringe benefits directly to the laborer or mechanic; or
(c) By paying an hourly rate, partly in cash and partly in fringe benefits.
Weekly, within 5 working days after the end of the pay period.
Overtime must be paid on all hours worked over 8 hours in a day, all time on Saturday and Sunday, or on a legal State Holiday. Also after 40 hours in a week. Some classifications are DT on Sundays, and 3x on Labor Day.
Total package, as Federal does.
Weekly
OT must be paid on base wage; only after 40 hours
Total package, as Federal does.
T3.1.9 Wages. The term “wages” means the basic hourly rate of pay plus fringe benefits
Pay all mechanics and laborers working directly on the job site in full, at least once a week, without any deductions or rebates. Wages must be at or above the rates specified in the prevailing wage determination.
After 40 hours in a week
Total package, as Federal does.
Sec 31-7 1: Weekly payment of wages was repealed. Contractors can now pay weekly or once every 2 weeks.
8 hours in a day or 40 hours in a week. Hours of work may be suspended during an emergency
Total package, as Federal does.
Weekly
A laborer or mechanic must be paid at least one and a half times their basic rate of pay for any hours worked beyond 40 in a workweek.
Total package, as Federal does.
Weekly
8 in a day, 40 in a week. Fringes not paid overtime. (same for minimum wage)
Individually. CA law does not allow for use of credits of Employer Payments to reduce hourly ST or OT wage obligation. Cal. Lab. Code §§ 1771 and 1773.1; see WSB Elec., Inc. v. Curry, 88 F.3d 788 (9th Cir. 1996)
At least twice every calendar month, with some exceptions
Depends on classification (minimum wage OT after 8, DT after 12), with 4 exceptions (listed in comments)