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BenefitsLink > Q&A Columns >

Q&A: Davis-Bacon Act Issues for Benefit Plans

Answers are provided by Amy Cavanaugh

Owner Exemption

(Posted March 10, 2004)

Question 29: If I am part owner of the company that is doing a government job, am I exempt as an employee from payment to me of the prevailing wages otherwise required by the Davis-Bacon Act?

Answer: No. The Davis-Bacon Act applies to all mechanics and laborers employed on a job site; there is no exemption for owners of a company or family members who are mechanics or laborers. The Act does not apply to workers (including owners) whose duties are primarily administrative, executive or clerical. (With respect to a foreman, if the foreman devotes more than 20% of his or her time during a workweek to labor or mechanical duties, he or she will be considered a laborer or mechanic for the time so spent.)

Important notice: Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner's situation. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of your situation. The laws, regulations and court decisions in this area change frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the laws, regulations or court decisions that occur after the date on which that Q&A is posted.
Copyright 2003-2008 Amy Cavanaugh
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