(b) minimum wages. (1) Any employee (as defined in 29 CFR 23.20) involved in the performance of this Agreement by the prime contractor or subcontractor shall receive at least the applicable minimum wage under Executive Order 14026, regardless of any allegedly existing contractual relationship between the contractor and the employee. SCA`s applicable salary requirements apply to covered main contracts over $2,500. See 41 U.S.C. 6702(a)(2) (recoded 41 U.S.C. 351(a)). The IFA applies to covered main contracts that exceed $2,000. See 40 U.S.C. 3142(a).
There is no threshold required for subcontracts under these main contracts. (m) Notice. The contractor must inform all workers performing work under or in connection with a covered contract of the minimum wage rate applicable in accordance with the decree. For service employees with contracts under the Davis-Bacon Act and to mechanics with contracts under the Davis-Bacon Act, the contractor may comply with this requirement by placing the determination of the applicable wage under those Acts in a highly visible and accessible place on the construction site. For workers performing work under or in connection with a covered contract whose wages are regulated by the RSA, the contractor must place a notice provided by the Ministry of Labour in a highly visible and accessible place on the site so that it can be easily seen by workers. Contractors who normally send notices to employees electronically may publish the notice electronically, provided that such electronic publication is prominently displayed on any external or internal website of the contractor and is ordinarily used for notices to employees about terms and conditions of employment. Proposed § 23.250 describes the frequency with which the contractor must pay his employees. Under the proposed Regulations, wages must be paid no later than one pay period after the end of the regular salary period in which they were earned or accumulated. Proposed section 23.250 also provides that a period of compensation under the Order in Council may not exceed twice a month. (The Ministry notes that workers whose wages are regulated by the DTA must be paid at least once a week and reiterates that compliance with the decree does not excuse non-compliance with the applicable requirements of the FLSA, FCC or DTA.) The Department has derived proposed section 23.250 from the contractual clauses applicable to contracts governed by the SDA and the IFA (see 29 CFR 4.6(h) (SCA); 29 CFR 5.5(a)(1) (DBA).
Although the RSA does not explicitly set out the length of the minimum wage, not paying an employee on the regular pay day is a violation of the RSA. See Biggs v. Wilson, 1 F.3d 1537, 1538 (9th Cir. 1993) (stating that “under the RSA, wages are `unpaid` unless paid on employees` regular payday”). See also 29 CFR 778.106 (“The general rule is that overtime pay earned in a particular work week must be paid on the regular pay day for the period in which that work week ends.”). Given that the Department`s experience suggests that most affected contractors pay no less than twice a month, the Department believes that section 23-250 as proposed will not be a burden on contractors subject to the RSA. Some unpaid workers did not have hourly wages, mainly because they responded that regular hours vary from week to week. [53] The Ministry distributed the weights of non-hourly workers whose hourly rate was missing to unpaid hourly workers whose hourly rate was valid, and then abandoned workers whose hourly rate was missing. The Department notes that due to the normative nature of E.O. 14026, it does not have the discretion to implement alternatives that would violate the text of the Executive Order, such as adopting a higher or lower minimum wage rate. However, the Department has considered several alternatives to the discretionary proposals set out in this NPRM.
a) Payment of wages to employees with tips. With respect to employees who tip employees within the meaning of Article 23.20 and this Article, the amount of wages paid by the employee`s employer to that employee is the same: if state law requires a higher minimum wage, that higher standard applies. 88. Dube, A., Lester, T.W. and Reich, M. (2011). Are labour market frictions significant? Memberships, separations and effects of minimum wage. (Working Paper No. 5811). IZA. www.iza.org/publications/dp/5811/do-frictions-matter-in-the-labor-market-accessions-separations-and-minimum-wage-effects.
The contractor may make deductions that reduce an employee`s salary below the minimum wage rate of the presidential order only if that deduction applies as follows: Although the effects discussed here are not limited to federal contracts because no specific data on federal contracts and sales is available, the Department believes that under this proposed rule, A decrease in staff turnover may be observed among workers on federal contracts. The potential decline in sales depends on several variables: current salary, hours worked, turnover rate, industry and occupation. As a result, the Department has not quantified the impact of a potential decline in sales for federal contracts. The Department considered defining the term United States to exclude contracts performed in the territories listed above, consistent with the discretionary decision in the Department`s previous regulations to implement Executive Order 13658. Such an alternative would result in fewer contracts covered by E.O. 14026 and fewer workers entitled to an initial minimum wage of $15 for work performed under or in connection with those contracts.