Mike Dolt Enterprises
Mike Dolt Enterprises
User: truetide, Location: Texas
Asked on: Thursday, April 14, 2011 at 9:30 am EDT
Answered on: Tuesday, May 14, 2024 at 4:11 am EDT
Question: On Federal government contracts, an employee can be classified with two or more classifications on a construction project to perform multiple tasks (laborer, apprentice electrician , etc.). How many minimum hours does the employee have to perform those duties to be paid under that classification or is it based on a percentage of the total workday? Example, employee generally works as laborer, but he was asked to work as an apprentice electrician for 3 hours in a 8-hr shift. Can you also provide the Davis-Bacon reference? Thanks in advance for any advice.
Davis-Bacon Regulations29 CFR 5.5(a)(1)(i) states:"A helper (or apprentice) who is not classified as a journeyman in the classification of work he/she performs shall be paid not less than the wage rate of the craft he/she assists."29 CFR 5.5(a)(1)(ii) states:"Where such a helper (or apprentice) performs work in more than one craft or classification, he/she shall be classed as a journeyman in the craft or classification in which he/she is employed for the majority of his/her work."Interpretation
Based on the Davis-Bacon regulations, an employee who performs work in multiple classifications on a construction project must be paid the wage rate of the craft or classification in which they are employed for the majority of their work.
Example
In your example, the employee generally works as a laborer but was asked to work as an apprentice electrician for 3 hours in an 8-hour shift. Since the employee worked as a laborer for the majority of their shift (5 hours), they would be paid the wage rate for a laborer.
Note:
Some collective bargaining agreements or project-specific Wage Determinations may have different requirements regarding the classification of employees who perform work in multiple classifications. It is important to consult the applicable documents to determine the specific requirements for the project. Flag for review