When it comes to Certified Payroll, we have helped a lot of companies with a lot of different problems.  Because we work with both large and small construction businesses, we understand the ins and outs of Certified Payroll, including who has to file it, what must be filed, and the biggest problems that employers face when it comes to keeping their payroll compliant with federal policies.

Construction companies, the waste management industry, and manufacturing all face a shared common problem: Certified Payroll penalties.  Out of all industries with federal construction contracts, employers in these three areas spend the most on penalties and back wages that are a result of erroneous, incomplete, or non-filed Certified Payroll forms.

On their website, the US Department of Labor explains that the penalties for inaccurate or insufficient Certified Payroll are steep: “Contract payments may be withheld in sufficient amounts to satisfy liabilities for underpayment of wages and for liquidated damages for overtime violations under the Contract Work Hours and Safety Standards Act (CWHSSA). In addition, violations of the Davis-Bacon contract clauses may be grounds for  contract termination, contractor liability for any resulting costs to the government and debarment from future contracts for a period up to three years.” What does this mean for construction companies, in particular, who face the most penalties of any industry?

There's money to be made when your company is hired by the government, but they have different ways of doing business. For instance, there are a lot more rules you are legally required to follow, sometimes regarding seemingly small things like recordkeeping.

Last month, the New York State Legislature passed a new bill that guarantees farm workers in New York State receive overtime, rest periods and other protections. The Farmworkers Fair Labor Practices Act allows farm workers to be eligible for overtime, worker's compensation, unemployment and the ability to participate in collective bargaining.

In one of the worst cases of government corruption, U.S. Congressman Randy “Duke” Cunningham pleaded guilty of receiving nearly $2.4 million in bribes from defense contractors. Investigators uncovered a “bribe menu” detailing how much was received for various contracts, including $16 million in contracts in exchange for a $140,000 boat.

Often called the Copeland (Anti-kickback) Act, this act makes it unlawful for employers to receive kickbacks from employees on federally funded projects. Contracts subject to the Copeland Act need to contain a clause requiring contractors and subcontractors to comply with the regulations issued by the Secretary of Labor under the Copeland Act.

Anyone can learn to file Certified Payroll with the Department of Labor, but there are a lot of mistakes that can ruin your hard work! Certified Payroll mistakes can cost your company money and hurt your chances of getting federally-funded construction contracts. In a worst-case scenario, filing inaccurate Certified Payroll documents can even lead to prosecution and imprisonment.

To be classified as exempt, the employee’s job generally must satisfy both a salary basis test and a duties basis test. Exempt employees generally must be paid on a salary basis, meaning they must be paid a fixed salary each week. The U.S. Department of Labor (DOL) enforces regulations that define the salary basis requirement to satisfy the exempt status tests. Exempt, Administrative, Executive, and Professional employees must be paid a predetermined amount each pay period that is at least the minimum weekly salary required by the regulations. The current federal minimum is $455 per week (expected to be ~$679 starting in January 2020). However, some states require a significantly higher minimum weekly salary to satisfy this test (New York is among them). The amount paid may not be reduced because of a variation in the quality or quantity of the work performed. 

In recent posts, we have covered the importance of complying with federal laws like the Davis-Bacon Act through a process called Certified Payroll. Need a quick refresher? Certified Payroll means that you submit a weekly version of from WH-347 to the Department of Labor. All construction-related employers who hire workers to complete federal contracts must go through this process, and the penalties for non-compliance are significant, coming in the form of fines, being barred from federal contracts, and serving even prison time. The main goal of this is to comply with the Davis-Bacon Act, which protects employees from unethical employers by requiring workers on federal construction contracts worth over $2000 to be paid the prevailing wage in the area.