State by State: Understand Certified Payroll Reporting
Of the fifty states in the United States, 32 have individual prevailing wage and certified payroll reporting laws. With over half of our states having these “little Davis-Bacon laws,” it can be easy to get lost in mountains of regulations and changing state-by-state rules. And that’s before you add the federal Davis-Bacon Act into the mix.
From California and Washington to New York and New Jersey, we’re breaking down some of the country’s most complex prevailing wage laws so you can better understand — and adhere to — these complex regulations.
Established in 1931, the Davis-Bacon Act is a set of labor standards that “apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works."
This means that any federally funded public works project (or public works project that takes place in the District of Columbia) must adhere to prevailing wage — and certified payroll reporting — standards.
Alongside the official Davis-Bacon Act, there are nearly 60 “Related Acts” that are overseen by the U.S. Department of Labor, which is “responsible for determining prevailing wages, issuing regulations and standards to be observed by federal agencies that award or fund projects subject to Davis-Bacon labor standards, and overseeing consistent enforcement of the Davis-Bacon labor standards.”
Together, these acts and laws dictate federal prevailing wage; they protect workers from being exploited by low standards of pay and prevent projects from being won by offering lower pay to workers. In essence, they help contribute to a fair and competitive market for public works projects.
Of course, in a country with both federal and state regulations related to prevailing wage, sometimes there are different requirements for different projects. In those cases, knowing the ins and outs of both federal and state laws is beneficial.
Federal Certified Payroll Reporting
Certified payroll reporting is a weekly payroll report used by contractors working on federally funded public works projects. It verifies, or certifies, that the contractor or subcontractor in charge of the project is paying the established pay rate and fringe benefits.
As an added bonus, it helps avoid the misclassification of workers, reducing rates of wage theft, fraud, discrimination, and other violations of labor standards.
In order to demonstrate that a project is paying the appropriate prevailing wage, contractors and subcontractors must submit weekly certified payroll reporting documentation that shares information on each worker, their work classification, the work they’ve done (such as days and hours worked), and their deductions.
In addition, it requires the contractor or subcontractor to sign a statement of compliance, certifying that the information they have provided is accurate. This is all found in form WH-347, an example of which can be found here.
As we’ve mentioned, there are different state and federal requirements for paying — and reporting on — prevailing wage. In this article, we’ll be discussing the top-level requirements for five states: California, New York, New Jersey, Washington, and Illinois. For a deeper dive on prevailing wage and certified payroll reporting in each state, we’ve written in-depth articles for each of the above states.
California is known for its labor protection laws, and its prevailing wage laws are no different. When it comes to certified payroll in California, the California Department of Industrial Relations is in charge of setting and enforcing prevailing wage and certified payroll reporting requirements.
Like the Davis-Bacon Act, the California prevailing wage laws are designed to protect workers’ ability to receive fair compensation on public works projects. In tandem with prevailing wage laws, certified payroll reporting documentation requirements help guarantee that employers are adhering to prevailing wage.
In California, prevailing wage applies to “contractors and subcontractors on most public works projects” over $1,000. In this case, public works projects are those funded by public money, including construction, alteration, demolition, installation, repair, or maintenance projects.
In addition to the established rates of pay, California requires contractors and subcontractors to pay fringe benefits, which are additional benefits and compensation, like healthcare or retirement benefits.
When it comes time to submit certified payroll reporting in California, the process is entirely electronic, which can save time and resources in some ways, but can complicate the filing process in others. To make the most of electronic filing, we recommend working with a software partner like Certified Payroll Reporting to ensure your data and compatibility needs, security concerns, and technical difficulties can all be addressed.
Prevailing wage rates and the associated certified payroll reporting in New York are governed by the New York State Department of Labor and the Office of the New York State Comptroller. Together, these departments monitor and enforce prevailing wage and certified payroll reporting to ensure that workers and skilled laborers are paid fairly for their work.
According to New York State Labor Law, “contractors and subcontractors must pay the prevailing wage rate of wage and supplemental benefits (fringe benefits) to all workers under a public work contract.”
When it comes to prevailing wages in New York, the rates of pay typically mirror the hourly wage set by union contracts, which often makes them higher than regular wages. This ensures that workers are paid in accordance with the different factors that go into a wage, such as cost of living and availability of labor in any given area.
Given that prevailing wage is codified by Articles 8 and 9 of New York State Labor Law, it’s particularly important to understand its ins and outs. One unique aspect about New York prevailing wage is how specific the municipal requirements are; the prevailing wage rates vary based on county, and different counties or municipalities may have different certified payroll reporting requirements.
In order to address municipal concerns, we recommend the following: a thorough understanding of both state and federal requirements, detailed and accurate record-keeping and documentation, staying up to date on regulatory changes, and understanding the geographical disparities and differences across counties and municipalities.
Seem complicated? It is! Luckily, Certified Payroll Reporting is here to help with all the complexities of state and federal certified payroll reporting.
Like all the states on this list, New Jersey believes its skilled laborers and workers deserve to be paid fairly for their time. That’s why they have their own “little Davis-Bacon laws” in place to “[safeguard] workers’ efficiency and general well-being.” Prevailing wages do just that.
Established by the New Jersey Prevailing Wage Act, these laws and regulations set a standard of pay and fringe benefits for workers engaged in public works projects. They are overseen and governed by the New Jersey Department of Labor and the Commissioner of Labor and Workforce Development. Typically, the prevailing wage rate in New Jersey is determined by factors like the cost of living, collective bargaining agreements, and other local labor market conditions, such as the availability of skilled workers.
In order to verify, or certify, that prevailing wage is being paid, contractors or subcontractors who must pay prevailing wage must also submit certified payroll reports. And, as of August 15, 2024, certified payroll reporting in New Jersey is changing.
Starting in August, all contractors performing public works projects will be required to submit certified payroll reports via the New Jersey Wage Hub, or NJ Wage Hub. This shift is meant to support a variety of contractors, contracting agencies, and employers, streamlining operations and promoting fair wage practices.
Regardless of where and how the certified payroll reports are submitted, there are a handful of reports to be mindful of as contractors and subcontractors prepare to submit their documentation: the New Jersey Department of Labor Certification for Public Works Projects form, the New Jersey Contractor Certified Payroll form, the New Jersey Economic Development Authority form, and the federal WH-347 form, among others. Being aware of these common forms and requirements will make filing a breeze.
As a contractor, subcontractor, or skilled laborer in Washington State, one phase you’ll likely hear repeatedly is “prevailing wage.” These laws ensure fair and competitive wages for workers and laborers on public works projects, which are projects funded in part or in entirety by state money.
Like the federal Davis-Bacon Act, Washington State’s prevailing wage laws dictate how workers should be compensated, both in terms of pay and in terms of fringe benefits. The Prevailing Wages on Public Works Act protects workers from making “substandard” earnings and “preserve local wage standards.”
When considering prevailing wage and certified payroll reporting in Washington State, it’s important to understand the definition of public works projects, which is a “project funded by any public dollars” or “a private construction project resulting from government agency agreement(s) to rent, lease, or purchase.”
These projects — and their associated prevailing wages — are monitored by the Washington State Department of Labor and Industries, which also sets the prevailing wage rates using surveys of contractors and labor unions.
After paying the prevailing wage rate, contractors and subcontractors must submit certified payroll reports to verify that they’ve met their legal obligations. These reports, which are typically submitted online, track contractor or subcontractor data, as well as employee data, including name, address, trade, hours worked, and deductions.
In Washington, there are a handful of certified payroll reports to know, including the Washington Department of Labor and Industries XML File, the Washington Department of Labor Certified Payroll Report (F700-065-000), the Washington Department of Transportation Monthly Employment Utilization Report, and the Washington Statement of Apprentice/Journeyman Participation (EAS 010103), among others.
By utilizing software like Certified Payroll Reporting, you can better track, monitor, and submit your certified payroll reports, streamlining the process and improving compliance.
The Land of Lincoln, or Illinois, has relatively complex prevailing wage and certified payroll reporting requirements, making it particularly important to understand the details of the requirements and potential violations.
In Illinois, the prevailing wage is governed by two separate laws, the Prevailing Wage Act, which governs construction rates, and the Illinois Procurement Code, which governs other types of labor, including janitorial cleaning services, window cleaning services, food services, security services, and printing rates. Among other things, these laws dictate what skilled laborers should be paid for their work on public works projects.
In this case, public works projects are those that are “funded or financed in whole or in part with bonds, grants, loans or other funds made available by or through the State or any of its political subdivisions, or undertaken by an institution supported in whole or in part by public funds.”
Prevailing wage in Illinois is determined by the county, or locality, and the type of labor being done; a carpenter, for example, is paid a different prevailing wage rate than a painter.
Public bodies in each county or locality are responsible for notifying contractors and subcontractors of changes to the prevailing wage rate, making it slightly easier to track than in other states.
And, of course, once the prevailing wage rate has been paid, certified payroll reporting must be conducted. The primary form for contractors and subcontractors to be aware of when it comes to certified payroll reporting in Illinois is the Illinois Department of Labor Certified Transcript of Payroll. This transcript, or form, requests information on the project, the contractors or subcontractor, and the worker, including their hours worked and hourly wage rate.
Like with any law, prevailing wage laws are ever-evolving. For example, the Davis-Bacon Act was updated and changed as recently as 2023, when it was adapted to better reflect current economic and labor conditions.
As part of this continuous evolution, it’s important to stay up-to-date and current with the latest developments in the prevailing wage space. Not only will this equip you as contractors and subcontractors with the information you need to stay compliant, but it will also help you ensure fair labor standards on the job.
Regulatory Changes
As mentioned above, the Davis-Bacon Act was amended as recently as 2023 to better align with current labor and economic realities. As the economy and labor market continue to shift, it stands to reason that these laws will continue to shift, too.
By adjusting prevailing wage rates to match the reality of the world, the government is opening new doors for what is considered a prevailing wage project, and what the prevailing wage rate is. This will help support new projects and initiatives as they are developed, encouraging fair wages, enhanced training opportunities, and new partnerships across the country.
State-Level Variations
Of the states with their own prevailing wage laws, there is a great deal of variation within the laws. Some states have relatively low thresholds for what is considered a prevailing wage project, while others have higher thresholds.
These variations will continue to be relevant as new initiatives and projects are developed over time. Whether that means more states will adopt prevailing wage laws, or just that the ones that have these laws will become more prescriptive, both state and federal governments are demonstrating a commitment to workers.
Apprenticeship Programs
New regulations are supporting the role of apprentices in public works projects, which prevailing wage laws often support, too. Many states, including Washington and New York, have requirements in their prevailing wage laws related to apprentices.
This emphasis and the associated opportunities help support ongoing workforce development and employment opportunities, making the country a better place for skilled laborers across sectors.
Streamline Certified Payroll Reporting in Any State
If there’s one thing that’s certain about prevailing wage and certified payroll reporting regulations, it’s that they’re complicated. With both state and federal laws on the table, it can be difficult to determine what you need to know for your unique project.
That’s where Certified Payroll Reporting comes in.
With our automated software solutions for prevailing wage reporting and rate management, we can help streamline your operations, reduce manual effort, and ensure effortless compliance.
Certified Payroll Reporting can help you generate certified payroll reports, send them where they need to go, and store information, freeing up valuable time for your team. With different packages and APIs available based on your needs, there’s never been an easier way to generate and manage your prevailing wage reporting.
Get started today to experience the Certified Payroll Reporting difference.