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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39034
Experience:  Retired (mostly)
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Your answer: These clauses do apply to contractors. They

Customer Question

Your answer: These clauses do apply to contractors. They apply when the worker does 40 hours that are charged back to the government. The additional money cannot be prorated.
Your answer says that it applies when they work a 40 hour work week, but my question was for those employees that work less than 40 hours per week on the project (i.e. 20 hours GSA project / 20 hours on Wal-Mart project) do we owe them for the extra compensation for 40 hours?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.


Different contributor here. Please permit me to assist. First, to clarify, there is no, "your answer" with respect to Justanswer, because every attorney who answers questions in this forum is deemed an independent contractor, no one coordinates with anyone else, and as you are already aware, attorneys frequently differ in their opinions about the law (which is why there are judges, because someone has to figure out what the law actually is ;->).

The general rule of the Contract Work Hours and Safety Standards Act (CWHSSA) (40 USC §3701 et seq.; 29 CFR Part 5), is that prevailing wage payments are required for work "covered by the contract." Clearly, work at a WalMart project is not part of the GSA contract.

So, if the GSA contract requires an employee to work 20 hours, then you pay the prevailing wage for the 20 hours worked, and produce a separate payroll statement (or a separate line item on the employee's paystub) for the GSA, so that you are clearly separating the two jobs from each other. Then, you pay the employee their regular pay rate for the WalMart job, and identify that separately on the payroll statement.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!