- Application of CWHSSA

  1. CWHSSA applies to laborers, mechanics, guards and watchmen for the time spent on covered contract work only.
    1. Total up all time each employee spent working on covered contracts - off-site as well as on-site on DBA/DBRA projects;
    2. Exclude all work not performed under DBA/DBRA and/or SCA contracts.
  2. CWHSSA requires the payment of time and one-half the basic rate of pay for all hours worked in excess of 40 hours in a week. (The daily overtime requirement under CWHSSA was repealed in 1986.)
  3. The basic rate of pay under CWHSSA is the straight time hourly rate - generally the amount listed in the "RATE" column, apart from the fringe benefit amount (if any) listed for a classification in the wage determination. The basic rate cannot be less than the basic hourly rate required in an applicable wage determination. See 29 C.F.R. § 5.24.
  4. Under DBA/DBRA, amounts paid to fulfill the fringe benefit portion of the prevailing wages listed in the wage determination - including both contractor contributions to bona fide benefit plans and cash payments made to comply with the fringe benefit portion of the prevailing wage requirement - are excluded in computing overtime obligations under CWHSSA.
  5. CWHSSA does not have a "site of the work" limitation on coverage. All hours worked on covered contracts (even at a fabrication shop away from the site) are combined for determining CWHSSA compliance. (For example: if an employee starts the day performing covered work at the fabrication shop and then travels to the work site, the time at the fabrication shop and the travel time between the fabrication shop and the work site is hours worked covered by CWHSSA.)
  6. If in a single workweek an employee works in more than one classification for which different non-overtime rates of pay have been established, the overtime pay may be computed based on the weekly average rate (or "regular rate") - the total straight time pay for work (at all such rates) during the week, divided by the total number of hours worked at all jobs worked in the workweek. (An employee who performs work in two or more classifications for which different straight time hourly rates are established may agree with his/her employer in advance of performing the work, to be paid during overtime hours at a rate not less than one and one-half times the hourly non-overtime rate established for the type of work he/she is performing during such overtime hours.) 29 C.F.R. §§ 778.6, 778.115, and 778.415-778.419.
  7. CWHSSA (as well as FLSA) requirements apply only to hours worked. Non-work hours such as paid holidays and paid leave are not counted in computing overtime pay. Rules concerning "Hours Worked" are at 29 CFR 785.

Consulting Services We Provide

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  • Review DIR Fringe Benefits Statement PW-26
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