Thursday, March 22, 2012

Kuhio Day is Overtime Day

Information about Prince Kuhio can be found here.
Spring is in the air!  Contractors who have public works jobs will be looking to make up for lost time during the heavy rain earlier in the month.  Monday, March 26, is Kuhio Day, a State holiday, which means all DLIR offices will be closed to the public.  It also means that laborers and mechanics working on public works jobs Monday are due overtime pay of time and a half all day, even if they work less than forty hours in the week.

The Hawaii public works law (Wages and Hours of Employees on Public Works,Chapter 104, Hawaii Revised Statutes) requires laborers and mechanics to be paid overtime after 8 hours a day, or for all hours on Saturdays or Sundays or on State Holidays. (Section 104-2(c), HRS).  The rate must be equal to one and a half times the rate as listed on the current prevailing wage rate list for the appropriate job.

Calculating the overtime rate from this list can be confusing because the wage rate is listed in two parts, the basic hourly rate plus the fringe benefit rate.  To calculate the overtime rate of any classification take the basic hourly rate and multiply by 1.5 then add the fringe benefit.  As an example, an electrician who is a Line Installer (outside) is paid the prevailing wage rate of $65.54.  The prevailing wage rate is equal to the basic hourly rate of $40.55 plus the fringe benefit rate of $24.99.  The overtime rate is $85.82.  O.T. is calculated by taking the hourly rate of $40.55 and multiplying it by 1.5 and adding the fringe benefit amount of $24.99.  Note that the overtime rate is not prevailing wage rate times 1.5 or $98.31, nor is it $60.82 which would be 1.5 times the basic hourly without adding the fringe benefit amount.

Some have noticed that certified payroll forms submitted as required by law, often report differing amounts as the hourly prevailing wage rate.  There can be many legitimate reasons why this happens.  Amounts may differ because employers often have different benefit packages. If you have questions about a specific situation you can check our website for more information or call 808-586-8777 to speak to someone.

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