Can a contractor hire Electricians and Carpenters as exempt salary employee to avoid overtime and prevailing wage requirement?

Asked on June 30, 2009 under Employment Labor Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I doubt it.  This isn't the kind of work that's usually considered appropriate for that treatment.  However, you can probably subcontract at least the electrical work, at a fixed price for a given project, and that way you pay that company and how they pay the working electricians on the job isn't your problem.  You need to discuss both of these angles with a lawyer in your area, for reliable advice based on all of the facts and the law of your state (I'm not a California attorney, and it can make a difference).  One place to find qualified counsel is our website,

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