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Answers are provided by Amy Cavanaugh
(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.)
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