Labor Classification

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truetide

Member
Location
Texas
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.
 

TxShocker

Member
Location
Texas
Well for starters you can not take a laborer and decide to let him do some apprentice work on DB jobs. To be classified as an apprentice on a DB job he must be enrolled in a certified apprentice school.
 

LarryFine

Master Electrician Electric Contractor Richmond VA
Location
Henrico County, VA
Occupation
Electrical Contractor
I wouldn't work five minutes for less than my pay, regardless of the menial nature of the work.
 

mkgrady

Senior Member
Location
Massachusetts
I wouldn't work five minutes for less than my pay, regardless of the menial nature of the work.

What would you do if your regular pay was 15 per hour as an apprentice and your boss asked you to work for 25 dollars an hours as an apprentice on a prevailing wage job? And then he asked you to switch back and forth between 20 per hour as an apprentice and 30 dollars an hour as a laborer?
 

krisinjersey

Senior Member
Huh?

Huh?

Are you trying to make your payroll harder? And have a four page payroll certification? If he's a Journeyman pay him the rate, foreman or lead man pay him that rate and if he's enrolled in an apprentice program pay him according to the percentage chart. If he's just a helper you can go the laborer way but you may run into an issue with him making more than an apprentice in some places.
You are adjusting your chargeable rate for your guys because it's prevailing or DB, so why nickel and dime the rates? If that's what you think will make or break the job, don't forget the Federal Government caps material markup at 15% and change orders at 10% and you do not want to go through that audit. Personal experience here, and it's not fun and if you are found to be doing it you get barred from doing Federal work for up to 5 years. They go through the PO's estimating software, contact vendors, it's frustrating. We do 95% of our work for the Army and Navy and I'll tell you right now that a $2000 difference in labor is pitons compared to what you can lose in potential work. Especially this year because there is only 6 months for them to deplete their budgets.
All that said, when we have a job that is scheduled for 40 man hours, and we have 2 men on the job who are equally qualified, we do split the Foreman VS Journeyman hours between them to keep them even. But they all agree to it beforehand, because they all care about each others financial well being and no one gets greedy. Don't try it with guys you don't know real well.
 

nez

Member
If he is an apprentice you can pay him as an apprentice. If he is not an apprentice and he is doing electrical work he must be paid as an electrician.
 

Rockyd

Senior Member
Location
Nevada
Occupation
Retired after 40 years as an electrician.
Your required to post a notice on the job site bulletin board for fraud investigation of federal projects. I've never used it, but if you were busy cheating me out of my pay rate for months/years, I'd be making a call. What's your credibility worth?
 

mkgrady

Senior Member
Location
Massachusetts
Example, employee generally works as laborer, but he was asked to work as an apprentice electrician for 3 hours.

Just re-read the post and noticed the employee is normally a laborer. Well, an apprentice is an apprentice because he is in a state recognized program and is working towards becoming an electreician. If he normally works as a laborer he is not an apprentice. So in your example you must pay the person the full rate of an electrician when he is doing electrical work. This is true even when he is doing something simple like pulling on a rope, feeding wire or even just handing an electrician tools.
 

LLSolutions

Senior Member
Location
Long Island, NY
mkgrady is 100% correct. If the employee is not registered in a state recognized apprenticeship program then he must be paid full scale. Just its the same if you tried to take an electrician and make him a laborer, if he's not a registered laborer apprentice then he must be paid full scale.
 
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