By Jim Abrams, Associated Press – Saturday February 19
WASHINGTON – The House early Saturday turned back an effort to suspend a Depression-era law, the Davis Bacon Act, that requires federal contractors to pay locally prevailing wage rates. The vote came amid heightened clashes between the two parties over labor rights.
Lawmakers voted 233-189 against barring spending on Davis-Bacon wage requirements on federal work projects for the remainder of this budget year. The measure was offered by Rep. Steve King, R-Iowa, as an amendment to a massive spending bill to keep the government running through Sept. 30,
Republicans have long targeted the 1931 law, saying it drives up the costs of public works projects and favors unionized companies over smaller firms that can’t pay higher wages.
Davis-Bacon enjoys strong support from Democrats and the King amendment, had it passed, would have met strong resistance in the Democratic-controlled Senate and opposition from President Barack Obama.
The vote came as Wisconsin’s new Republican Gov. Scott Walker has set off a firestorm of protests by seeking to curtail the collective bargaining rights of public workers and several other GOP-led states are looking to cut state worker benefits as part of budget-cutting efforts. Obama said in a radio interview that Walker’s legislation was an “assault on unions.”
The House this week also rejected a GOP proposal to eliminate funds for the National Labor Relations Board. The Republican spending bill would still cut $50 million, or 18 percent, from the agency that referees disputes between workers and employers.
King cited an analysis by the Heritage Foundation estimating that Davis-Bacon would add more than $10.9 billion to the deficit this year. He said locally prevailing wage rates tend to reflect the higher pay scale of union workers in the area and average some 22 percent above standard wage rates in locales.
Rep. Robert Andrews of New Jersey, a senior Democrat on the Education and the Workforce Committee, said there “was no basis in fact, it is more of an urban legend,” that adhering to prevailing wages drives up labor costs. He said that if accurately measured a prevailing wage doesn’t add to costs and promotes a stable local labor force.
Two years ago, when Democrats controlled the House, the chamber voted 284-140 to defeat a proposal to exempt wastewater infrastructure projects from Davis-Bacon rules.
Read the entire article and join the discussion here.
Unclaimed or returned paychecks are a real hassle; just ask any bookkeeper, especially one in the construction industry. They mess up your bank reconciliations because they are always outstanding; and seriously, what are you supposed to do with them other than throw them in a desk drawer and hope you remember where you put them!
Can the company keep the money?
Can you just void the checks and be done with it?
As a bookkeeper or business owner do you know what your responsibilities are for handling unclaimed or returned paychecks?
The answer is pretty simple — NO, you cannot keep an uncashed or unclaimed paycheck; believe it or not, you MUST turn them over to the state where that person last worked. Oh, it gets even better; you can be fined or penalized if you don’t turn these checks over to the state — even if the former employee can’t be found.
You are probably wondering, “Why the heck do I have to turn the check over to the state?” And that’s a good question too!
There is a common law doctrine called escheat (meaning surrender) on the books in each and every state; that requires unclaimed property (in this case wages) to be returned (surrendered) to the state, and not kept by the person who has it.
Escheat laws vary by state, but most states do have a requirement that the company who issues the check (your company) make a good faith effort or attempt to find the ex-employee and give him/her the paycheck. A good faith effort would include sending a certified letter (return receipt, forwarding address requested, etc.) to the employee’s last know address. When that certified letter is returned with no forwarding address information – DO NOT OPEN IT, but rather keep it intact; this will help you to prove to the state that you did your due diligence in trying to locate the former employee. Usually you have a one-year limit from the time the paycheck was dated to do this.
Under escheat, the checks become state property if not claimed by the owner with 1-7 years, depending upon the state.
Business owners holding unclaimed wages are required to submit certain information to the state while they hold the uncashed checks. The report must be filed annually and contain the following information:
- Employee’s name
- Employee’s last known address
- Description of the abandoned property (in this case “wages”)
- The date the wages became payable
- The dollar amount involved, and
- The date of the last transaction with the employee
To find out about the escheat laws for your state, begin by doing a search on “escheat” and your state name. Or go directly to the website of your state treasurer, department of revenue, or other taxing agency to find the specifics. Remember, each state has their own rules – escheat is not a Federal Law, but rather a State Law.
Ignorance of the law is no excuse, so if you have a desk drawer where you’ve been stashing uncashed paychecks – - now is a good time to clean it out!
Change Orders are a fact of life that a contractor must deal with on just about every construction project that they are involved with.
Construction contracts start with an original bid amount for specific cost codes, phases of work, or line items. However, most construction contracts change as work proceeds; resulting in both increases and decreases or positive and negative change orders – which affect the original bid amount.
There are many ways in which people will handle Change Orders when using QuickBooks, such as just going to the original Estimate and changing the dollar amounts of the affected items. This is a “quick and easy fix”; however, it doesn’t leave a good documentation trail for what occurred on the project and can cause a lot of confusion.
Handling change orders that increase the value of the contract can be accomplished by:
- Editing the original Estimate and ADDING lines to the bottom indicating the cost codes and dollar amounts that are causing the increase.
- Creating a Sub-Job of the Job called Change Order 1 (2, 3, 4, ect.) and creating an estimate at the Sub-Job level to track just the cost codes involved in the change order.
Dealing with Negative Change Orders that reduce the original bid amount, is a bit more difficult – because QuickBooks will not allow you to create a Negative Invoice.
When you receive a negative change order that is LESS than the remaining balance on the contract, it’s a fairly easy process.
- Go to your QuickBooks Estimate, add a Change Order Item with no dollar amount – this provides a clear separation of the Original Contract amount.
- Below that add the Item that represents the reduction to the contract, enter the value as a negative amount, complete with the MINUS sign.
Right click on the image to enlarge it.
When you are ready to prepare your next progress invoice:
- Bill the negative amount at 100%.
- Reduce the corresponding line item in the original contract section.
- Bill for any other line items that you need to.
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Or simply generate a zero dollar invoice to record the reduction.
Right click on the image to enlarge it.
This method allows for a good documentation trail that everyone involved can easily see.
As a business owner there can be several different situations that you encounter where you might need to include a long legal disclaimer or explanation when you sell a specific item, offer special discounts, provide warranty disclaimers and information or explain your payment requirements when bidding on a job or even invoicing a customer.
There are four different methods for addressing this issue; the one that you choose will depend on what makes the most sense for your business:
- Items
- Template
- Letters Function
- Outside of QuickBooks
- Using Items to add long disclaimers – If the additional information needs to be included when a specific product is sold, that information can be included in the description OR you can create a new item with a zero sales cost for the purpose of adding the information to a Purchase Order, an Estimate, or an Invoice. The advantage of creating a separate item is that you can place the disclaimer item where you would like it on the form; right after the item it relates to, or at the bottom of an Estimate form. Later, you can delete it for billing purposes – as long as both you and your customer have a copy of the Estimate that contains the detailed information.
- Modifying the Form Template to include long disclaimers – If the disclaimer is long and you have the same disclaimer for every Estimate you create, for example your billing terms, and would like to make it a standard part of your form, using the Long Text Disclaimer section on the template itself may be the best solution. Choose Lists -> Templates -> select form -> Edit. The text can be entered and then the font size and placement can be adjusted using the Layout Designer.
- Using the QuickBooks Letters function – If the disclaimer is exceedingly long, after you create the form create an accompanying Letter in QuickBooks. Access the Letters function from the Customer Center by clicking on the Word option. Use this method with option with option 1 or 2 above to indicate that additional information is included on a separate page.
- Outside of QuickBooks – Depending on what needs to be included, it might make more sense to print the disclaimer on the back of the form. It would also be possible to use this method in conjunction with option 1 or 2 to state something along the lines of “see additional disclaimer information on the back of this form” to include a reference to the information without having to actually include it on the form.
ASA (American Subcontractors Association) of Arizona Shows Leadership in Securing Prompt Pay of Retainage & Final Payment.
(from Contractor Power Newsletter)
ALEXANDRIA, Va. — A new law (S.B. 1375) signed by Arizona Gov. Jan Brewer (R) on May 11, 2010, adds requirements for timely payment of retainage and final payments to the state’s prompt payment statute for construction. The law, supported by the American Subcontractors Association of Arizona and its allies representing a broad range of the state’s construction industry, establishes a payment cycle according to which non-residential project owners, prime contractors, and subcontractors normally will have to pay retainage and final payments for properly completed construction services and materials, or else pay a penalty of 1.5-percent interest per month.
The governor of Arizona has signed into law the most significant construction legislation improving subcontractor rights within the last 10 years, said ASA of Arizona President Jeff Banker, Banker Insulation Inc., Chandler, Ariz. ASA of Arizona was proud to have a leading role in helping shape the new law and the future of construction in Arizona.
The law, which applies to projects for which contracts, plans or specifications are distributed on or after Jan. 1, 2011, will require prime contractors to submit timely applications for payment according to the project’s billing cycle (normally 30 days). Unless stated otherwise in the construction plans, project owners will have to approve within 14 days, and pay within 7 days after that, proper invoices for retainage that subcontractors submit at substantial completion of their work. The law will also establish a 21-day cycle for project owners to pay prime contractors proper invoices for final payment. It will limit owners withholding of such payments to 150 percent of the reasonable costs to complete any work that is under dispute.
Prime contractors and subcontractors will have seven days from receipt of retainage and final payment to pay their subcontractors and material suppliers, except when reasons for withholding are detailed in a written notice. The law will entitle subcontractors to written notifications of retainage releases by owners once subcontractors request such notifications. It will specifically protect subcontractors from wrongful withholding for defective work or materials that are not their fault. Where subcontractors are not at fault, the law says, The Contractor shall nevertheless pay any subcontractor or material supplier … within 221 days after payment would otherwise have been made by the owner.
ASA of Arizona and its allies worked hard throughout this long legislative process to prevent damage to existing prompt payment rights and to enact these beneficial payment reforms, said ASA of Arizona Advocacy Chairman Richard Usher, Hill and Usher Insurance & Surety, Phoenix, Ariz. The volume of Arizona construction is down dramatically in all market segments, which makes protecting payment rights and getting paid promptly as important as ever to subcontractor prosperity and survival.
Founded in 1966, ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. ASA’s vision is to be the united voice dedicated to improving the business environment in the construction industry. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, and integrity and membership diversity.
ASA Contact: David Mendes
(703) 684-3450, Ext. 1335
dmendes@asa-hq.com
Tracking retainage is a common function of percentage-of-completion contract billing using AIA Forms G-702 & G-703. To learn more about AIA Billing and how to complete forms G-702/G-703, click here.
