- Laborers And Mechanics

Definition 29 C.F.R. § 5.2(m).

  1. The term "laborer or mechanic" includes at least those workers whose duties are manual or physical in nature (including those workers who use tools or who are performing the work of a trade), as distinguished from mental or managerial duties.
    Laborers and mechanics include:
    1. Apprentices
    2. Trainees
    3. Helpers
    For overtime coverage under CWHSSA, also:
    1. Guards and watchmen
    Note: Although guards and watchmen are not considered laborers or mechanics under DBA/DBRA, they are covered by CWHSSA by virtue of its express statutory language.
  2. The term laborer or mechanic does not include workers whose duties are primarily administrative, executive, or clerical, rather than manual.
  3. Categories of workers normally considered not to be laborers or mechanics when, in the course of their duties, they perform no manual or physical work on the construction project are:
    1. Architects and engineers
    2. Timekeepers
    3. Inspectors

Coverage of laborers and mechanics

  1. The DBA requires the payment of the applicable prevailing wage rates to all laborers and mechanics "regardless of any contractual relationship which may be alleged to exist."
  2. Working foremen who devote more than 20 percent of their time during a workweek to mechanic or laborer duties, and who do not meet the exemption criteria of 29 C.F.R. Part 541, are laborers and mechanics for the time so spent. The working foreman is due the applicable rate listed in the contract wage determination for the hours spent as a laborer or mechanic.
  3. Persons "employed in a bona fide executive, administrative, or professional capacity" as defined in 29 C.F.R. Part 541 are deemed not to be laborers or mechanics.
  4. Business Owners: An individual who owns at least a bona fide 20 percent equity interest in the business and is actively engaged in its management is considered a bona fide executive, and is not a laborer or mechanic under the Davis-Bacon definition of the term "laborer or mechanic." See 29 C.F.R. § 5.2(m) and 29 C.F.R. § 541.101-102.


Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

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or legal opinions on any specific facts or circumstances.

 
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