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The Complete Payroll Blog

Why Construction is the #1 Industry for Certified Payroll Penalties

on Aug 21, 2019 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Payroll Time and labor
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?
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Recordkeeping Rules for Government Contractors and Subcontractors

on Aug 20, 2019 12:48:22 PM By | Complete Payroll | 0 Comments | Taxes Labor law Payroll Time and labor
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.
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Farm Workers in NYS Will Now Receive Overtime, Rest & Other Guaranteed Protections

on Jul 31, 2019 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Payroll Time and labor
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.
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How to Prove to the Government That You’re Not Getting Kickbacks

on Jul 29, 2019 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Payroll Time and labor
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.
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What is the Copeland Act?

on Jul 26, 2019 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Payroll Time and labor
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.
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Avoid the Top 5 Mistakes With Certified Payroll

on Jul 22, 2019 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Payroll Time and labor
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.
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Tracking the Hours Worked for Your Exempt Employees

on Jul 11, 2019 7:00:00 AM By | Complete Payroll | 3 Comments | Labor law Employees Payroll Time and labor
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. 
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How Long Does it Take to do Certified Payroll?

on Jul 8, 2019 7:00:00 AM By | Complete Payroll | 1 Comment | Labor law Employees Payroll Human resources Time and labor
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.
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The Importance of Certified Payroll for Construction, Waste Disposal, and Manufacturing

on Jul 1, 2019 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Employees Payroll Time and labor
“Certified Payroll” almost sounds like a special option that any company can choose in order to make their payroll super official and by-the-book. We wouldn’t blame someone for misunderstanding the concept the first time they heard of it. After all, we all know about certified letters, certified checks, and certified organic foods. In each of these categories of certification, an outside organization or entity verifies your work, and you reap the benefits.
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What Is a Statement of Compliance?

on Jun 28, 2019 7:00:00 AM By | Complete Payroll | 2 Comments | Labor law Employees Payroll Human resources
Not every Human Resources department deals with contracts that fall under the purview of the Davis-Bacon and Related Acts, but how do you know if your HR department is one that does? Do you know if you are required to file a statement of compliance and if so, how to do that? Are you confident that you are correctly filling out your WH-347 forms on a weekly basis?
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The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue.