Temporary and Part-Time Employment

  1. SCA makes no distinction between temporary, part-time, and full-time employees. In the absence of an expressed limitation on a wage determination, wage and fringe benefit requirements apply equally to all such employees. 29 C.F.R. § 4.165(a)(2).
  2. However, part-time employees need only be provided with a proportionate amount of the vacation and holiday fringe benefits due full-time employees. 29 C.F.R. § 4.176.

  3. Examples:
    1. Full-time employees are due one week vacation (40 hours). A part-time employee works a regularly scheduled workweek of 20 hours. The part-time employee is due one-half the hours (20/40 = 1/2) due the full-time worker's paid vacation, based on working half the time the full-time employee works.
    2. Full-time employee works an 8 hour day and receives 8 hours pay as a holiday benefit. A part-time employee works 5 hours per day. The part-time employee is due 5 hours pay (5/8) as holiday benefit.
    3. Holiday or vacation pay obligations to temporary and part-time employees working an irregular schedule of hours may be discharged by paying such employees a proportion of the holiday or vacation benefits due full-time employees based on the number of hours each such employee worked in the workweek prior to the workweek in which the holiday occurs, or with respect to vacations, the number of hours which the employee worked in the year preceding the employee's anniversary date of employment. 29 C.F.R. § 4.176(a)(3).
    4. Health and welfare fringe benefits must be paid at the specified amount in the wage determination for temporary and part-time employees. In general, the temporary and part-time employees are entitled only to an amount proportional to the amount of time spent in contract work. 29 C.F.R. § 4.176.

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

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