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<br />document agreement on the minimum rate by the affected workers and contractor. <br />The U.S. Department of Labor (USDOL) must approve the proposed classification <br />and rate. The contractor may pay the proposed rate until the USDOL makes a <br />determination. Should the USDOL require a higher rate, the contractor must make <br />wage restitution to the affected worker(s) for all hours worked under the proposed <br />rate. <br />f) Supervisory Personnel <br /> <br />Foremen and other supervisory personnel who spend at least 80% of their time <br />supervising workers are not covered by the Davis-Bacon and Related Acts. <br />Therefore, a wage decision will not include such supervisory classifications and their <br />wages are not subject to any minimums under the Davis-Bacon and Related Act or <br />overtime payments under the Contract Work Hours and Safety Standards Act. <br />However, foremen and other supervisory personnel who spend less than 80% of <br />their time engaged in supervisory activities are considered workers/mechanics for <br />the time spent engaged in manual labor and must be paid at least the minimum in <br />the wage decision for the appropriate c1assification(s) based on the work performed. <br /> <br />g) Sole Proprietorships / Independent Contractors / Leased Workers <br />Th~ na!ur~ of t~~ relationship ~etween ~ prit:De contrpctor and a worker does not <br />affect the requirement to comply with the labor standards provisions of this contract. <br />The applicability of the labor standards provisions is based on the nature of the work <br />performed. If the work performed is primarily manual in nature, the worker is subject <br />to the labor standards provisions in this contract. For example, if John Smith is the <br />owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is <br />subject to the labor standards provisions, including minimum wages and overtime. <br />His status as owner is irrelevant for labor standards purposes. <br /> <br />If a worker meets the IRS standards for being an independent contractor, and is <br />employed as such, this means that the worker must submit a separate payroll as a <br />subcontractor rather than be included on some other payroll. The worker is still <br />subject to the labor standards provisions in this contract, including minimum wages <br />and overtime. <br /> <br />If a contractor or subcontractor leases its workers, they are subject to the labor <br />standards provisions in this contract, including minimum wages and overtime. The <br />leasing firm must submit payrolls and these payrolls must reflect information required <br />to determine compliance with the labor standards provisions of this contract, <br />including a classification for each worker based on the nature of the work performed, <br />number of regular hours worked, and number of overtime hours worked. <br /> <br />h) Apprentices / Helpers <br />A worker may be classified as an apprentice only if participating in a federal or <br />state program. Documentation of participation must be submitted. Generally, the <br />apprentice program specifies that the apprentice will be compensated at a <br />percentage of journeyman rate. For Davis-Bacon Act purposes, the hourly rate <br />cannot be lower than the percentage of the hourly rate for the classification in the <br />applicable wage decision. <br /> <br />09/09 <br /> <br />00810-10 <br /> <br />03-4122.F <br />