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"The fight is never about grapes or lettuce. It is always about people." Cesar Chavez |
:: Sunday, October 03, 2004 ::
Revisiting Davis-Bacon by Paul Greenberg, Professional Roofing Magazine
Those employed in bona fide executive, administrative or professional capacities are not deemed to be laborers or mechanics. Working foremen who devote more than 20 percent of their time during a workweek to mechanic or laborer duties and do not meet the criteria defining bona fide executive, administrative or professional employees, are laborers and mechanics for the time so spent.
Contractors and subcontractors must ensure all laborers and mechanics performing work on a Davis-Bacon Act-covered project are paid prevailing wages and fringe benefits even if they are not technically classified as a contractor's 'employees.' For example, a contractor cannot avoid liability for Davis-Bacon Act requirements by calling workers independent contractors, partners or owners.
DOL regulations recognize two general classes of workers that can be employed at less-than-journeyman wage rates: apprentices and trainees. In addition, DOL recognizes helper classifications under specific circumstances.
The primary subjourneyman classification consists of apprentices enrolled in formal apprenticeship programs registered with federal or state agencies. A contractor is entitled to employ either apprentices or trainees on federally funded projects without special apprentice or trainee wage and fringe benefit rates being included in the wage determination.
It is important to make sure the ratio of these lower-paid workers to the journeyman classification never is exceeded (except for errors caused by inadvertent employee absences); otherwise, you may be required to pay the 'out of ratio' apprentices or trainees at the full journeyman rate. An employee classified as an apprentice who is not registered in a state- or federally approved apprentice program most likely is entitled to full journeyman pay rates regardless of the worker's relative lack of experience or skill.------------------------------------------- posted 8:52 AM :: reference link ::
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