29 C.F.R. § 3.3

Certified payrolls

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(a) [Reserved]

(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, each week must provide a copy of its weekly payroll for all laborers and mechanics engaged on work covered by this part and part 5 of this chapter during the preceding weekly payroll period, accompanied by a statement of compliance certifying the accuracy of the weekly payroll information. This statement must be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and must be on the back of Form WH-347, “Payroll (For Contractors Optional Use)” or on any form with identical wording. Copies of WH-347 may be obtained from the contracting or sponsoring agency or from the Wage and Hour Division website at https://www.dol.gov/agencies/whd/government-contracts/construction/forms or its successor site. The signature by the contractor, subcontractor, or the authorized officer or employee must be an original handwritten signature or a legally valid electronic signature.

(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify.

[88 FR 57729, Aug. 23, 2023]

Notes of Decisions

Cited in 9 cases, 1982–2020 · leading case: Zhang Bin v. Boeing Co., 792 F.3d 805 (7th Cir. 2015).

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Zhang Bin v. Boeing Co., 792 F.3d 805 (7th Cir. 2015). “See 29 C.F.R. §§ 3.3 , 3.4; United States v. Clark, 787 F.”

United States v. Juan Carlos Bazantes, 978 F.3d 1227 (11th Cir. 2020). · cites it 4× “In obedience to the Copeland Act’s statutory mandate, the Department of Labor adopted 29 C.F.R. § 3.3 (“Weekly Statement with Respect to Payment of Wages”), which requires that: Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of…”

Elm, Inc. v. M.T. Enter., Inc., 968 P.2d 861 (Utah Ct. App. 1998). · cites it 2× “This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages [[Image here]] 29 C.F.R. § 3.3 (b) (1997) (emphasis added).”

Sheet Metal Workers Int'l Ass'n, Local No. 9 v. United States Air Force, 63 F.3d 994 (10th Cir. 1995). “See 29 C.F.R. §§ 3.3 , 3.4. The Union also sought copies of all apprentice registration forms for one of the contractors.”

Dietz v. Avco Corp., 168 F. Supp. 3d 747 (E.D. Pa. 2016). “See 29 C.F.R. §§ 3.3 , 3.4; United States v. Clark, 787 F.”

Laborers Int'l Union, Local No. 374 v. City of Aberdeen, 642 P.2d 418 (Wash. Ct. App. 1982). “§ 276c and 29 C.F.R. § 3.3 (b) (1981) to furnish the City weekly a certified copy of its payroll record to facilitate monitoring of compliance with the Davis-Bacon Act.”

Bldg. & Constr. Trades Dep't v. Donovan, 543 F. Supp. 1282 (D.D.C. 1982). “5(a)(4)(iv); and 29 C.F.R. § 3.3 (b), pending final disposition of this action.”

Wyoming Dep't of Transp. v. Int'l Union of Operating Engineers Local Union 800, 908 P.2d 970 (Wyo. 1995). “§ 276a (1994) and 29 C.F.R. § 3.3 (b) (1995); compliance with the Copeland Act is also required.”

Bldg. & Constr. Trades' Dep't v. Donovan, 712 F.2d 611 (D.C. Cir. 1983). · cites it 2× “23,643, 23,657, 23,677 (1982) (to be codified at 29 C.F.R. § 3.3 and in scattered sections of 29 C.”

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