# Question about davis bacon wages and overtime hours?

My husband is a heavy equipment operator for a small excavation company. Last week he started the work week working 3hrs finishing up a non davis bacon wage job and then worked a davis bacon wage job the rest of the week. He ended up with 42 hours that week and when he got his paycheck the company used his regular hours as his overtime and not the davis bacon wages. Is that legal? If not were can we get legal help? this is not the first time this company have messed with my husbands paycheck. We just want it to be fair.
When you work over forty hours in a week you are entitled to overtime...I already know that.
So FYI JP you are entitled to overtime when you work over 40hrs for the same company.

3 years ago - 2 answers

Projects subject to the Davis-Bacon Act (DBA) are also subject to the Contract Work Hours Safety Standards Act (CWHSSA). Under the CWHSSA construction workers on DBA jobs are entitled to overtime at one and one-half times their regular rate of pay for every hour worked over 40 in a week. He would also be entitled to overtime under the Fair Labor Standards Act (FLSA). The difference between the two laws is that an employer can be penalized \$10 per day per employee for every day an employee does not receive the proper amount of overtime under the CWHSSA.

To calculate the proper hourly rate in a situation like this where an employee works on two different jobs during the week at two different rates, you need to calculate the weighted average rate. Here's how it works:

3 hours on the DBA job at \$25/hour equals \$75.00
39 hours on the non-DBA job at \$20 equals \$780.00
\$780 plus \$75 equals \$855.00
\$855 divided by 42 hours workded in the week equals \$20.35
\$20.35/hour is the regular rate of pay. The overtime rate is one and one-half times this amount (1.5 x 20.35 = \$30.53). \$30.53 is the rate for every hour worked over 40 in that week.

The rate could be different every week if the employee works on different DBA or private projects in different weeks.

The U.S. Department of Labor Wage and Hour Division is responsible for enforcing the Davis-Bacon Act and Fair Labor Standards Act. You can file a complaint with the office nearest you. You can find a list of their offices on the DOL web site.

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3 years ago