If an employees wages are paid partially with ARRA/WAP funds and partially from other sources, must that employee be paid every week, pursuant to Davis-Bacon Act requirements?
A laborer or mechanic covered by Davis-Bacon must be paid weekly even if he performs both Davis-Bacon and other work during the workweek. Moreover, the State’s Labor Law requires weekly payment of wages to manual workers, including laborers and mechanics, except under limited circumstances as provided in NYS Labor Law, Section 191(1)(a)(ii). Question: Under what circumstances is an employer required to pay overtime to an employee covered by the Davis-Bacon Act? Can those covered by Davis-Bacon work ten-hour days, as long as they don’t exceed forty hours in a week (e.g., Mon-Thurs, 8AM to 6PM)? Answer: The Contract Work Hours and Safety Standards Act (“CWHSSA”) requires overtime payment, at one and one-half times an employee’s regular hourly wage rate, for all hours worked in excess of forty hours in a workweek. The CWHSSA contains no daily overtime requirement; accordingly, a workweek of four ten-hour days would not require overtime compensation. The CWHSSA applies to any work performe
