FEDERAL HOLIDAY RULE FOR PUBLIC WORKS CONSTRUCTION PROJECTS

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Homer Gerard Martin
6 years ago
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September is here with the normal summer rains brought to us by the summer storms off the coast of Baja are back.

All contractors working on public works projects need to start thinking about these holidays and scheduling your work, worker time off and paid or unpaid holidays for their workers.

1 September 31, 2013 TO: Our Contractors; RE: September 2013 News Letter, Welcome to our newsletter as a service to all of our associate contractors and members. First let me say thank you to all who have joined our organization. As more members join us we will be able to offer more services. The summer heat is almost over. September is here with the normal summer rains brought to us by the summer storms off the coast of Baja are back. These storms form in the Gulf of Mexico and just off the west coast of Central America traveling west and north. All is normal. The holiday season will be upon us before you know it. All contractors working on public works projects need to start thinking about these holidays and scheduling your work, worker time off and paid or unpaid holidays for their workers. The funding sources through the awarding agency for your public works project will determine the holiday requirements the contractors must meet. Federal requirements for holidays differ greatly from California, Department of Industrial Relations requirements for holidays. I am attaching two advisories to assist in understanding the differing requirements. FEDERAL HOLIDAY RULE FOR PUBLIC WORKS CONSTRUCTION PROJECTS 1. Federal holidays are for federal employees only NOT to include construction contractors on a public works projects funded with federal taxpayers funds. Some businesses and contractors have adopted these federal holidays by choice. I will address here, only contractors and subcontractors that are working on a federally funded construction contract that requires compliance with Davis Bacon & Related Acts. 2. If a contractor has agreed to a Collective Bargaining Agreement (CBA) for the current duration of this project, then the holiday requirements of the CBA takes precedent for that specific contractor alone.

2 3. If a contractor has an Employee Agreement (EA) with the construction workers then the holiday requirements of the EA agreements must be complied with for that specific contractor alone. 4. If a contractor does not have a CBA or EA but the contractor, from general practice, provides certain days off (holidays) either paid of unpaid, this practice is generally required to continue on the public works project. 5. California is an at will state for all construction projects. Workers can be hired or fired at the will of the contractor. (A carpenter can be working for two weeks and a new carpenter comes in and produces more. The first carpenter can be fired (replaced) by the company for the more efficient worker. There are no seniority requirements, period! 6. However, a contractor that has a CBA or an EA must follow the requirements of their agreements. It is not the responsibility of the prime contractor or the awarding agency to generally enforce the individual requirements of the many CBAs or EAs unless a specific worker request assistance or files a complaint. HOW THE FEDERAL WAGE AND HOUR LAW APPLIES TO HOLIDAYS Compliance with the Fair Labor Standards Act (FLSA) is determined on a workweek basis, which is a fixed and regularly recurring period of seven consecutive 24-hour periods. When a State or federal holiday falls within a workweek, it is treated no differently by the FLSA than other days within that week. Employers may require employees to work on State and federal holidays at regular pay or with premium pay, or they may give their workers a holiday off, either with pay or without pay. Under the FLSA, overtime pay is required for hours worked over 40 in a workweek. Only those hours actually worked on a holiday are counted for overtime pay purposes; that is, holiday hours which are paid for but not worked are not counted as hours worked in determining whether overtime pay is due in that workweek. State holidays are established by the states, and they differ from state to state. Federal holidays are established by the Congress and apply only to the federal establishment, although many of them are generally observed by many businesses and contractors. CALIFORNIA HOLIDAY REQUIREMENTS FOR PUBLIC WORKS PROJECTS Labor Compliance Consultants of Southern California provides this list of several of the holiday requirements for various worker classifications as a courtesy. It is the contractors responsibility to check the DIR website to ensure holiday compliance with the worker classifications they employ. Generally, holidays are Non Paid days off and each worker classification has the basic 7-8 recognized holidays. However, some of the worker classifications have less and some have additional holidays such as MLK Workers Birthday Day before Christmas, etc. each contractor must look up each classification at the DIR web site to ensure they are in compliance. Here are a few of the most notable. Asbestos & Lead Abatement Holidays: The following 8 days shall be nonpaid holidays for the purpose of this agreement: New Years day, Memorial day, Independence day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving Day & Christmas Day. If any of the above holidays fall on Sunday, the Monday following shall be considered a legal holiday. Work on a holiday shall be paid at the holiday overtime rate.

3 Brick Layers & Block Masons, Holidays: The following days are recognized as legal holidays: New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, Christmas Day and Sundays. Any holiday falling on a Saturday, the previous Friday shall be considered as a holiday for which the overtime rate shall apply. Any holiday falling on a Sunday, the following Monday shall be considered as a holiday to which the overtime rate shall apply. Any holiday falling on a Tuesday, the previous Monday shall be considered as a holiday for which the overtime rate shall apply. Any holiday falling on a Thursday, the following Friday shall be considered as a holiday for which the overtime rate shall apply. Overtime shall be paid for work performed on any of the above listed holidays. Brick Tenders Holidays: The fallowing days are recognized as holidays as designated by the United States Government: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day. If any of the above holidays fall on Sunday, the Monday following shall be considered a legal holiday. Carpenters, Cement Masons, Teamsters, Holidays: The following holidays shall be observed on the date designated by Federal Law; New Year s day, Memorial day, Independence day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving Day & Christmas Day If any of the above holidays should fall on Sunday, the Monday following shall be considered a legal holiday. If Christmas day or New Year s day should fall a Saturday, the Friday preceding shall be considered a legal holiday. Work on such days shall be paid for at the holiday overtime rate provided herein. No work shall be performed on Labor Day except in case of extreme urgency when life or property is in imminent danger. Carpet Layers Holidays: Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the day before Christmas Day and legal holiday. Work on such days shall be paid for at the holiday overtime rate provided herein. No work shall be performed on Labor Day except in case of extreme urgency when life or property is in imminent danger. Drywall Finisher Holidays: B. Holiday Pay: Overtime shall be paid at the rate of one and one-half (1.5) times the regular rate, except after eight (8) hours on Saturdays, Sundays and the following holidays, which shall be paid at the rate of double time excluding make up days. New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, the Day before Christmas, and Christmas Day. When one of the holidays listed above falls on Sunday, same shall be observed on the following Monday. When one of the holidays listed above falls on Saturday, no extra day will be given, except that if New Years should fall on Saturday, the Friday preceding shall be considered a legal holiday. Drywall / Lather Holidays: Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving and legal holiday. If Christmas or New Years fall on a Saturday the Friday preceding will considered a legal holiday.

4 No work shall be performed on Labor Day except in case of extreme urgency when life or property is in imminent danger. Electricians, Holidays: New Year s Day, Memorial Day, *Veteran's Day, Fourth of July, Labor Day, Thanksgiving day, Friday After Thanksgiving & Christmas Day If any of these days fall on Sunday, the following Monday shall be considered the Holiday. If Christmas or New Year's falls on Saturday, the Friday-preceding will be considered-the-holiday. Other Holidays which fall on Saturday shall be celebrated on that day. Martin Luther King's birthday (January 15) and Cesar Chavez's birthday (March 31) may also be taken as a personal holiday to recognize their contribution to organized labor. Employees must give notice in the prior week if work is to be missed. No employee will be penalized for taking this time off of work. If work is performed on this day, it will be paid at the regular rate of pay. * Employees shall be allowed to take Veterans' Day as a personal holiday in Starting in 2010, Veteran's Day will be a listed holiday and President's Day will become a personal holiday Glazers Holidays: HOLIDAYS: Effective July 1, 2000 all Employees covered by this Agreement will receive eleven (II )re cognized.holidays. Such holidays are New Years Day, Presidents Day, (coordinate with Building Trades), Memorial Day, Independence Day, Labor Day, Veteran's Day (coordinate with Building Trades), Thanksgiving Day, Day after Thanksgiving, Day before Christmas, Christmas, and Day before New Year's Day. A holiday that falls on a Sunday shall be deemed to fall on the following Monday; a holiday that falls on a Saturday shall be deemed to fall on the preceding Friday. On the holiday consisting of the Day before Christmas and the day before New Year's Day, the holiday shall be deemed to fall on the day after Christmas or the Day after New Year's Day, so such change will result in a four (4) day holiday period, including weekends (Friday through Monday). Laborers, Holidays: Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving Day, and legal holiday. Work on such days shall be paid for at the holiday overtime rate provided herein. No work shall be performed on Labor Day except in case of extreme urgency when life or property is in imminent danger. Ironworkers Holidays: Southern California and Southern Nevada - New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving Day, Christmas Day. No work shall be performed on Labor Day except to save life and property. The above holidays shall be observed on the dates designated by the State of California and/or the State of Nevada or by Federal law. If any of the above listed holidays falls on a Sunday, the Monday following shall be observed as a holiday. If any of the above listed holidays falls on a Saturday the holiday will be observed on the preceding Friday. Operating Engineers, Iron Workers, Holidays: The following days shall be recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day., Thanksgiving Day, Day after Thanksgiving Day & Christmas Day. If any of the above holidays fall on Sunday, the Monday following shall be considered a holiday. All holidays are to be paid at the double (2) time rate of pay. All time worked or paid shall be subject to contributions to all trust funds contained in this Agreement

5 Painters Holidays: Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. If any of the above holidays should fall on Sunday, the Monday following shall be considered a legal holiday. Work on such days shall be paid for at the holiday overtime rate provided herein. No work shall be performed on Labor Day except in case of extreme urgency when life or property is in imminent danger. Plasterer, Plaster Tender Holidays: Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving Day, and legal holiday. Work on such days shall be paid for at the holiday overtime rate provided herein. No work shall be performed on Labor Day except in case of extreme urgency when life or property is in imminent danger. Plumbers Holidays: The following holidays shall be observed on the date designated by Federal Law: New Year's Day, President s Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. If any of the above holidays should fall on Sunday, the Monday following shall be considered a legal holiday. Work on such days shall be paid for at the holiday overtime rate provided herein. No work shall be performed on Labor Day except in case of extreme urgency when life or property is in imminent danger. Roofing Holidays: The following days shall be recognized as holidays: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, The Day after Thanksgiving Day, and Christmas. If any of this days fall on Sunday, the following Monday is to be observed as the holiday. No work is to be performed on Labor Day except in cases of extreme emergency to save life or property. Sheet Metal Holidays: The following holidays will be observed: New Year's Day, President's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, The Day after Thanksgiving Day, and Christmas. If any of this days fall on Sunday, the following Monday is to be observed as the holiday. When Independence day, Christmas or New Years Day falls on Saturday, The Friday before shall also be a holiday. Tile Layers Holidays: (a) The following holidays are recognized as Legal Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day. Any legal holiday falling on a Sunday the following Monday shall be observed as a holiday. All work performed on the actual date of any Holiday listed above shall be paid at the rate of double time. (b) Contractor has the right to declare Friday preceding a Saturday legal holiday as a non-work day, but must give a week's notice. The employee may work the Saturday preceding or following as a regular work day.

6 I hope you find this information helpful and it alleviates some of the confusion regarding these changes to the federal laws. If you have any questions or comments, please don t hesitate to contact me at the numbers below. Labor Compliance Consultants of SC Richard Ransdell 709 State Street #382 El Centro, CA Ph. (760) rransdell@roadrunner.com

SUMMARY TABLE OF CONTENTS

SUMMARY TABLE OF CONTENTS About the Authors... v v Acknowledgments, Dedication, and Other Matters Redux... vii vii Preface... xi ix Detailed Table of Contents... xxi xvii Corrections to the... xli Chapter