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Best Practices for Handling Overtime Pay in Construction

  • Writer: Cost Construction Accounting
    Cost Construction Accounting
  • 6 days ago
  • 5 min read

In the construction industry, properly managing overtime pay is essential for maintaining legal compliance, controlling labor costs, and preserving employee satisfaction. Unlike standard office environments, construction projects often involve variable schedules, multiple worksites, union labor, and prevailing wage requirements. All of these factors make overtime management particularly complex for contractors.

This article will provide an in-depth look at best practices for handling construction overtime pay. It will also address common compliance issues, offer actionable steps for internal process improvement, and explain when it may be beneficial to seek professional assistance.

construction overtime pay

Understanding Overtime Pay Regulations

Federal Law (FLSA)

The Fair Labor Standards Act (FLSA) says that non-exempt workers should get 1.5 times their normal hourly rate for every hour they work over 40 in a week. Unless they meet a few strict requirements, this rule applies to most field workers who work for building companies.

State and Local Requirements

A lot of states have rules that go beyond what the federal government requires. Like, California requires extra pay for work over eight hours in a day and double-time pay for work over twelve hours in a day. Contractors who work in more than one state must make sure they follow the laws that protect workers the most.

Union and Contractual Obligations

Union agreements may specify their own rules regarding overtime, rest periods, and compensation structures. Failing to adhere to these terms could result in grievances, penalties, or work stoppages.

Prevailing Wage Compliance & the Davis-Bacon Act

The Davis-Bacon Act says that contractors working on federally funded or assisted building projects must pay laborers and mechanics the going rate. These wages depend on where the job is located and what kind of job it is, and they usually go above and beyond what the market rates are.

Compliance requires that contractors:

  • Pay the correct base rate and fringe benefits.

  • Maintain proper documentation of hours worked.

  • Submit weekly certified payroll reports that align with the wage determinations.

Failure to comply with prevailing wage regulations can lead to contract termination, debarment from future federal projects, and significant financial penalties.

Best Practices for Managing Overtime Pay

1. Make a formal overtime policy and hand it out.

Make sure your employees know when they can work extra hours, how they will be paid, and how to get permission ahead of time. A written policy that is part of employee handbooks and tools for new employees can help clear things up.

2. Use digital tools to keep track of your time

With paper timecards, mistakes are easy to make. Contractors should think about using software that works with payroll and job costing tools, like QuickBooks Time, ClockShark, or Foundation Software.

3. Set up clear ways to figure out how much a job costs

 Connect the number of hours worked to certain tasks or cost codes. This lets management see how the budget is being used right now and make changes before labor costs go over budget.

4. Look over employee classifications on a regular basis

 Make sure that all of the workers are properly labeled as exempt or non-exempt. Misclassifying workers so that you don't have to pay them overtime is a common but major violation.

5. Keep an eye on and balance payroll every month

Check that the payroll reports match the project costs and the certified payroll submissions. Any discrepancies should be looked into right away so that failure doesn't build up over time.

Overtime Pay Calculation: A Practical Example

Consider a field technician earning $30 per hour who works 48 hours in a week.

  • Regular pay: 40 hours × $30 = $1,200

  • Overtime pay: 8 hours × ($30 × 1.5) = $360

  • Total gross pay: $1,560

In a prevailing wage scenario, if the base wage is $40/hour with an additional $10/hour in fringe, the overtime rate would be $60/hour (1.5 × $40), and fringe benefits would still apply.

Common Mistakes to Avoid

  • Failing to track travel or training hours as compensable time.

  • Incomplete or inaccurate certified payroll reports.

  • Using flat-rate compensation models that do not account for overtime.

  • Applying the same rules to employees in different states.

  • Ignoring project-specific labor agreements.

These mistakes can jeopardize not only your compliance but also your financial performance.

Internal Workflow Recommendations

For companies managing payroll in-house, the following steps can improve accuracy and efficiency:

  1. Establish standard operating procedures for time tracking and overtime approvals.

  2. Select a reliable payroll platform that supports construction industry needs.

  3. Train project managers and supervisors on labor compliance requirements.

  4. Conduct internal audits quarterly to verify data integrity.

  5. Maintain comprehensive employee and project records.

While this approach is effective, it requires dedicated administrative support and regular oversight.

Frequently Asked Questions from Construction Employers

  1. What qualifies as overtime in construction?

Overtime typically includes any hours worked over 40 per week. In certain states, it also includes work exceeding daily limits. Travel time between job sites, mandatory training, and job-related meetings may also be compensable.

  1. How should contractors track work hours?

Employers are encouraged to adopt electronic time-tracking systems. These systems improve accuracy, reduce the risk of time theft, and facilitate easier reporting for job costing and payroll. Daily supervisor approval is recommended for added verification.

  1. What is a certified payroll report?

A certified payroll report is a weekly submission required for public works projects. It documents each worker's classification, hours worked, wages paid, and fringe benefits. This report must match internal records and demonstrate compliance with applicable laws and contracts.

When to Consider Professional Assistance

Outsourcing payroll and compliance chores may be a good idea for contractors who have a lot of projects, a lot of workers, or operations in more than one state. Incorporating shift management into the company can become difficult, especially as rules change.

At Construction Cost Accounting, we do nothing but keep the books for contractors. This includes setting up payroll and sending out approved reports. We help your internal efforts by making sure that systems are set up correctly, reports are filed correctly, and your company is always ready for an audit.

Instead of making mistakes that could cost a lot of money or spending too much time on compliance management, many of our clients have found peace of mind and more productivity by using our services.

Conclusion

Overtime pay management in the construction business is a very important job that needs accuracy, openness, and a deep understanding of the laws that apply. Whether your company does this itself or hires someone else to help, it is very important that every hour and wage is recorded properly.

If your current method doesn't seem like it can last or you're not sure if you're following the rules, you might want to talk to a trusted professional about your approach. Construction Cost Accounting can help contractors keep correct records, lower risks, and improve the efficiency of their operations.

Please get in touch with our team if you need more help or to set up a meeting. We want to help construction companies build better finances by giving them reliable payroll and bookkeeping services. 

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