ChecklistPay rules to double-check
Once the hours are right, these are the rules easiest to get wrong in construction. Ask your payroll provider or CPA to confirm each one for your company, and remember that your state may add rules of its own.
Overtime is figured by the workweekUnder federal rules, covered nonexempt employees earn at least time and one-half their regular rate for hours over 40 in a workweek, and
averaging two weeks together is not allowed. Hours on every job count toward the 40, so 26 hours on a remodel and 20 on a deck make a 46-hour week.
Two pay rates in one weekWhen someone runs equipment at one rate and does general labor at another, the federal regular rate for that week is generally the weighted average of both. A bonus promised in advance can change the math too, because only certain payments, such as discretionary bonuses, are left out of the regular rate.
A salary is not an exemptionJob titles do not decide exempt status, and federal guidance says non-management construction workers such as carpenters, electricians, plumbers and laborers are entitled to overtime no matter how highly paid they are. Paying a working foreman a salary does not settle the question; the actual duties of the job matter too.
A 1099 does not make someone a subcontractorIf a crew member works your jobs on your schedule, calling them a subcontractor may not hold up. The Department of Labor says
what a worker is called is not relevant, and a worker who receives a 1099 is not necessarily an independent contractor. Federal guidance on this question has been changing, so get current advice.
Public work has its own payroll rulesFederally funded or assisted contracts over $2,000 to build, alter or repair public buildings or public works fall under the
Davis-Bacon and Related Acts, which require locally prevailing wages and fringe benefits for laborers and mechanics. Covered contractors also
submit payroll information every week. Read the contract’s labor clauses before the first day on site.