CONTRACTORS — construction or erection — executive level supervisors — no direct supervision — division of a single employee’s payroll with any other classification is not permitted
This classification may be assigned only in connection with the construction or erection classifications listed in Appendix I, Construction and Erection Classifications.
This classification applies to executive level supervisors of construction operations wherein the employer develops payroll in one or more construction or erection classification(s) provided not less than two levels of supervision, as defined in Section IV, Rule 2d, Executive Level Supervisors, are retained between the executive level supervisor and the workers performing actual construction operations.
This classification also includes management level employees, such as safety managers, project managers and engineers, who do not supervise construction operations but whose duties include walking through a construction site during the construction phase, provided the employer retains two levels of supervision over the construction crew(s) or where all operations have been subcontracted to licensed subcontractors. Otherwise, such employees are miscellaneous employees and shall be classified in accordance with Section IV, Rule 2c, Miscellaneous Employees (Construction or Erection).
This classification also applies to executive level supervisors when all construction operations are subcontracted to licensed contractors and no payroll is developed under any construction classification. In such instances, executive level supervisors exercise control exclusively through licensed subcontractors.
On jobs where all construction operations are subcontracted to licensed subcontractors, Classification 5610, Contractors — construction or erection — all construction subcontracted, applies to all other employees, including but not limited to job site cleaning and debris removal and post-construction warranty repair operations.
Classification 5606 does not apply to employees whose job site duties are limited to estimating, outside sales or public relations. Employees whose non-clerical duties are confined to visiting job sites for the purpose of pre-construction estimating, or for meeting with clients or other project representatives, are classified as 8742, Salespersons — Outside, provided they have no supervisory responsibilities over construction operations, they do not walk through job sites for purposes such as assessing construction progress, evaluating quality or determining compliance with safety standards, and their activities do not exceed those of Standard Exception Employees. See Section III, Rule 4, Standard Exceptions.
Fee-based construction management companies that do not engage in or perform supervision over construction operations, but serve as an intermediary between the general contractor and project owner or otherwise provide expertise regarding a construction project, shall be classified as 8601(1), Engineers — consulting.
Also see Section IV, Rule 2, Construction or Erection Work.
| Shown below is the previously published phraseology and footnote | Effective Date |
|---|---|
Phraseology: CONTRACTORS — construction or erection — executive level supervisors — no direct supervision — division of a single employee’s payroll with any other classification is not permitted Footnote: This classification may be assigned only in connection with the construction or erection classifications listed in Appendix I, Construction and Erection Classifications. This classification applies to executive level supervisors of construction operations wherein the employer develops payroll in one or more construction or erection classification(s) provided not less than two levels of supervision, as defined in Section IV, Rule 2d, Executive Level Supervisors, are retained between the executive level supervisor and the workers performing actual construction operations. This classification also includes management level employees, such as safety managers, project managers and engineers, who do not supervise construction operations but whose duties include walking through a construction site during the construction phase, provided the employer retains two levels of supervision over the construction crew(s) or where all operations have been subcontracted to licensed subcontractors. Otherwise, such employees are miscellaneous employees and shall be classified in accordance with Section IV, Rule 2c, Miscellaneous Employees (Construction or Erection). This classification also applies to executive level supervisors when all construction operations are subcontracted to licensed contractors and no payroll is developed under any construction classification. In such instances, executive level supervisors exercise control exclusively through licensed subcontractors. On jobs where all construction operations are subcontracted to licensed subcontractors, Classification 5610, Contractors — construction or erection — all construction subcontracted, applies to all other employees, including but not limited to job site cleaning and debris removal and post-construction warranty repair operations. Classification 5606 does not apply to employees whose job site duties are limited to estimating, outside sales or public relations. Employees whose non-clerical duties are confined to visiting job sites for the purpose of pre-construction estimating, or for meeting with clients or other project representatives, are classified as 8742, Salespersons — Outside, provided they have no supervisory responsibilities over construction operations and they do not walk through job sites for purposes such as assessing construction progress, evaluating quality or determining compliance with safety standards. Fee-based construction management companies that do not engage in or perform supervision over construction operations, but serve as an intermediary between the general contractor and project owner or otherwise provide expertise regarding a construction project, shall be classified as 8601(1), Engineers — consulting. Also see Section IV, Rule 2, Construction or Erection Work. | 1/1/2020 |
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