How and when should overtime wages be paid? If you cannot answer this question you may be in trouble. It is a lack of knowledge on that very subject that has M.H. Electric paying more than $305k in back wages from at least 10 federally funded construction projects awarded in Hawaii from 2012 to 2014 […]
Tag Archives: Fair Labor Standards Act
Federal Davis-Bacon Requirements: Statute of Limitations & Burden of Proof
The time period when a claim can be made against a contractor for unpaid wages is generally 2 years, 3 years if the violation is found to be willful. It is recommended that contractors keep all certified payrolls and related documents for at least three years from the completion of the project. In any investigation relating to […]
Federal Davis-Bacon Requirements: Trainees & Helpers
Unless the specific Davis-Bacon wage classification recognizes a Trainee or Helper as one of the specified classifications, then a contractor may not pay workers less than the specified prevailing wage rate for the classification of worker. Persons registered and receiving on-the-job training in a construction occupation under a program that has been approved in advance by DOL’s Employment […]
Federal Davis-Bacon Requirements: Apprentices
A contractor may employ apprentices and pay the applicable apprenticeship rate only for those individuals who are properly enrolled in a Bureau of Apprenticeship Training (BAT) program. The BAT may have agreements with various state apprenticeship agencies so that many (but not all) apprenticeship programs have both BAT and local state approval. Only those workers […]
“The Perfect Storm”
“The Perfect Storm” How SBX2-9 Will Drastically Harm the ConstructionIndustry in California “The Perfect Storm” How SBX2-9 Will Drastically Harm the construction industry in California. The currently written legislation and regulations for SBX2-9 will most certainly negatively affect Construction, Jobs and hurt the economy. Although SBX2-9 was written with good intention, it fails in the details […]
‘Do More Construction When Unemployment Is High’
From The Keystone Research Center: HARRISBURG – With the Pennsylvania House Labor and Industry Committee scheduled to vote on seven proposals to weaken Pennsylvania’s construction sector prevailing wage law, the Keystone Research Center released a policy brief summarizing research on the impact of these laws.The research shows that prevailing wage laws do not raise construction costs […]
Federal Davis-Bacon Requirements: Health Benefits
It is important to understand that the payment of benefits from Davis-Bacon wages may not pay for benefits covering non Davis-Bacon hours. One cannot use Davis Bacon the “fringe benefit” amount set forth in the Davis Bacon wage determination to pay for an employee’s entire month of healthcare, when the employee also works on many non-prevailing wage projects. […]
Federal Davis-Bacon Requirements: Wages, Fringe Benefits, Overtime, Holidays, Subsistence and Special Conditions
Federal Davis-Bacon Rates typically set forth a Wage Rate and a fringe Benefit Rate for each classification. The contractor MUST pay NOT LESS than the total of the wage and fringe benefit amount either to the employee or “for the benefit of the employee” Fringe benefits must be made irrevocably for the benefit of the […]
Federal Davis-Bacon Requirements: Who is Covered?
Workers who perform construction work on the project are to be paid the appropriate prevailing wage rate. This includes carpenters, painters, roofers, plumbers, etc. this includes, apprentices, as well as a working foreman. Prevailing wage does not include clerical or administrative support working in a job-site trailer or a “walking supervisor”. A “walking supervisor” is […]