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Old 05-13-2011, 06:49 PM   #1
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Prevailing Wage and overtime


I have been offered a job(Sandblasting) , which is a publics work project for the state of Massachusetts. Anyway, it is in regards to prevailing wage. Is there anyway you can point me in the right direction of actually finding out if 1.5 applies to state work? The man I was offered the work from has been going on and on about how I could be making this... and that, etc. Well, the numbers did not add up. What I mean is, the amounts he gave me would not seem to include time-and-a-half. So if I worked, say, 80 hrs per week, at $44.00 per hr, would I not be making, under state law, $66.00 per hr? I know the thing to do would be to ask this man who offered the work, but I just do not want to seem as naive as I am , clearly, on this matter.

Any and all advice would be greatly appreciated. I am just rather nervous about all this , considering that I have never, and may never, make this kind of money so quickly. Which I intend to contribute a large percentage into my future.

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Old 05-13-2011, 06:55 PM   #2
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Prevailing Wage and overtime


Are you actually being hired and paid by the State or this person as an employee or independent contractor. In the latter case his willingness to pay you overtime may be dependent on market forces to keep you happy and not on any legal obligation to pay you overtime. A little different if you are his employee but not much. All that said, he me bound by the State contract. I would ask him if you are not clear about it.

And don't let the prospect of rolling in money go to your head. And if it seems to good to be true it usually is.

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Old 05-13-2011, 07:05 PM   #3
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Prevailing Wage and overtime


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Are you actually being hired and paid by the State or this person as an employee or independent contractor. In the latter case his willingness to pay you overtime may be dependent on market forces to keep you happy and not on any legal obligation to pay you overtime. A little different if you are his employee but not much. All that said, he me bound by the State contract. I would ask him if you are not clear about it.

And don't let the prospect of rolling in money go to your head. And if it seems to good to be true it usually is.

I am fairly certain it is through him... so I guess that makes me a sub-contractor as well. I was told, buy him, $44 /hr, and he would throw in an added $6/hr. I met this guy while I was doing some work in Boston, masonry. He liked how I hustled, took control, etc. So he offered to give me some side work. And that is how he came to make this offer. I does sound very good, and yes I am well aware of the ole saying. As I did not make out well on the masonry job that I was at last. But the idea of it being state work, that does put me at ease a bit. I will however keep my guard up. Just looking to do some homework , to find out my rights, if any in this case. Personal experience of others always helps, in some cases of course.

I am very much looking forward to this experience, to see if I can handle the stress of so many hrs, working nearly everyday, for the entire year. I just do not want to get burned, again. I also do not wish to pass up on something that could , possibly, never come my way again.

Heck, I wasted 8 yrs of my life working with a couple of tile guys, who taught me nothing with the exception of how to become extremely bitter. Learned all I know about tile, installing that is, myself. But I CAN use a wetsaw in the dark, with a blindfold. =P

Sorry, went off on a rant there.
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Old 05-13-2011, 07:45 PM   #4
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Prevailing Wage and overtime


Just be careful and trust your instincts. And just because it may be a State job does not mean money is going to flow the way it should. The one I live in takes forever to pay anybody anything. Even when it had money? One year I started working on a grant funded project in March/April and got the first progress payment the day before Christmas. I was contracted to the work so couldn't just walk. Things got very lean and tense. I had no leverage to speed payment.
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Old 05-13-2011, 09:36 PM   #5
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Prevailing Wage and overtime


Thank you for the heads up on that. I will certainly speak more about this job with the guy.Either way I've got to take it, not much for opportunity right now.
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Old 05-13-2011, 10:29 PM   #6
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Prevailing Wage and overtime


This is actually a very complicated question. Generally, PW is based on the applicable Union wage package. You would receive 1 1/2 time for OT, but that may not include the benefit package. You should also receive double time for more than ten hours and all day Sunday.

We will assume that Union painters get $37/hr plus a benefit package equal to $7/hr to get to $44. Time and a half would be ($37 X 1.5) + $7 = $62.50

Double time would be ($37 x 2) + 7 = $81

Given this scenario, for an 80 hour week you should receive $4035.25

My numbers are only illustrative, and will vary by region and PW rate

If you do not supply a compressor, you have to be an employee and not a sub. You have to be paid at least monthly
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Old 05-13-2011, 11:40 PM   #7
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Prevailing Wage and overtime


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If you do not supply a compressor, you have to be an employee and not a sub. You have to be paid at least monthly
Like you mention. Complicated. If you sign on as an independent contractor, and your contract does not specify you get paid monthly or whatever? Or even if it does? Stand in line and hope your invoice for monthly payment is honored. Just bringing your own tool to work, or leaving it home, does not make you an employee.

Work is tight these days and the OP has no choice I suppose. Like I said, I would not trust anything having to do with getting paid in real time having to do with the State of Illinois at this point. I guess PW projects in Mass are flowing cash through the gills again?

Last edited by user1007; 05-13-2011 at 11:46 PM.
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Old 05-14-2011, 08:16 AM   #8
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Prevailing Wage and overtime


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Originally Posted by sdsester View Post
.... If you sign on as an independent contractor, and your contract does not specify you get paid monthly or whatever? Or even if it does? Stand in line and hope your invoice for monthly payment is honored. Just bringing your own tool to work, or leaving it home, does not make you an employee.
I guess that you do not have a grasp at all in the difference between a true sub-contractor and a (mis identified) employee. Here is an IRS circular that may help: http://www.irs.gov/businesses/small/...=99921,00.html . If the OP is a sub, he will need:
1) A buisness and contractors license
2) Liability insurance, probably in excess of one million dollars
3) He will need to supply his equipment.

The state PW administrator will diligently vet all the contractors to ensure that they are correctly classified as contractors.

I suggest SD, that you come over to ContractorTalk and ask around if you have questions about the whole employer-employee-contractor-sub subject

You may recieve some knowledge that you lack
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Old 05-14-2011, 10:25 AM   #9
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Prevailing Wage and overtime


http://www.comptroller.ilstu.edu/dow...ontractors.pdf
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Old 05-14-2011, 11:00 AM   #10
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Prevailing Wage and overtime


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Originally Posted by Anti-wingnut View Post

I suggest SD, that you come over to ContractorTalk and ask around if you have questions about the whole employer-employee-contractor-sub subject

You may recieve some knowledge that you lack
Will do. But any of you in the meantime willing to suggest this poor guy is not being had? Obviously he is not licensed. Can you honestly suggest he can, naive as he is and I assume non-union, walk in making $44 an hour and up to $66 an hour.

Last edited by user1007; 05-14-2011 at 11:03 AM.
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Old 05-14-2011, 11:05 AM   #11
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Prevailing Wage and overtime


By the way, I am a licensed contractor in many states now.
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Old 05-14-2011, 11:05 AM   #12
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Prevailing Wage and overtime


The beauty of PW work is that they are audited and administered for compliance. Start working, and complain if you're getting screwed.
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Old 05-14-2011, 07:52 PM   #13
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Prevailing Wage and overtime


Wow, is all I have to say. I thank you all so very much for any and all advice. I will not take it all lightly.

I am wondering though, if I am sub-contractor, and working for someone else, who in-turn is contracted to do the work, this would mean my "boss" would be the one to turn in the hours... My main concern was not being taken for a naive sucker. As in, working all these hrs and not getting the extra money, and the "boss" making it instead.

I also appreciate the fact that none of you have come at me basically calling me a moron. I have gone to another website, which shall go un-named, and they basically laughed me out the door, because I asked such "simple questions". Simple? At least I am asking, right? Sheesh, some people I tell ya. Very glad I found you guys, thanks a million.


Oh, and for the record, I am about to turn 33 years of age. And , just finding this guy about a year and a half ago, I am just now getting into sandblasting. I basically learned how to run the blast tank as I was doing the masonry work. I would watch how the gentleman who ran the tank, ran it. And (Yes I relaize its not such a difficult task, just a matter of getting used to the tank) I was told that I had done VERY well, by the boss-man. Heck, I am unable to drive right now, for another month, due to seizures in the past. I am now over a year w/out the seizures, and without the need of medication for it, not that this is all that relevant. Anyway, he drives 53 miles to pick me up, and 53 miles to drop me off, when he could pick from 4 other guys to help him out. He says he likes very much how I run his equipment, and how hard I am willing to work, and the great attention to detail I have, etc... etc *toots own horn*. What I am saying is, I think I have found my "calling". Because I have done tile installation (8 years with an uncle), and was basically treated like trash, was not taught a thing, and was stupid enough to stick it out with him for those 8 years, only because I wished to learn a good trade. I was then into masonry (2 years), and was , again, treated like dirt. Even when I worked many hrs of overtime, without question, and ran a crew of 12 men, and we completed the project 5 months ahead of schedule. We had to grind, and re-point a very large building, in Boston.

Haha, apologies for the long story there. I just enjoy a good lil rant now and again.

Once more, thank you all for the help.
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Old 05-14-2011, 08:01 PM   #14
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Prevailing Wage and overtime


Man, now I am nervous about agreeing to get into this job, and not making the money I was told I could make. Again, I would still take it of course. The main reason for me doing this, is for my mother. She has been sick as of late, and works up to 60 hrs per week herself. So I wish to bust my back to try and do my best , to , hopefully , get the funds to start my own little company. She's my only inspiration right now. And I would do it all with a giant smile on my face, those 80 hrs. Just knowing that I will (Yes, I know this sounds really childish) be able to help her out more.

I am just sick of making money for others, who do not appreciate the work done. Time to stop being a sucker, and take things into my own hands.

Man, do I need a drink!
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Old 05-14-2011, 09:00 PM   #15
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Prevailing Wage and overtime


You're a pro Insurgent, you should pick up your kit and come on over to ContractorTalk.com

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