Does My Foreman Have To Be Paid Prevailing Rates Of Pay?

Yes. Foremen who are performing "hands on" work must be paid prevailing rates of pay in the appropriate classification(s) for the "hands on" work. If your foreman is employed solely for the purpose of regularly assigning and directing the activities of other employees, is responsible for the results of work performed and does not spend more than 20 percent of the weekly hours worked performing "hands on" types of work, the foreman is exempt from overtime. The foreman is still entitled to straight time pay at his regular rate of pay for each hour worked. However, if more than 20 percent of the weekly hours worked consist of "hands on" duties, your foreman is entitled to overtime pay for hours worked in excess of eight in a workday or 40 in a workweek.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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