C.F.R. » Title 29 » PART 3—CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES

29 C.F.R. § 3.4

Submission of certified payroll and the preservation and inspection of weekly payroll records

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Certified payroll. Each certified payroll required under § 3.3 must be delivered by the contractor or subcontractor, within 7 days after the regular payment date of the payroll period, to a representative at the site of the building or work of the agency contracting for or financing the work, or, if there is no representative of the agency at the site of the building or work, the statement must be delivered by mail or by any other means normally assuring delivery by the contractor or subcontractor, within that 7 day time period, to the agency contracting for or financing the building or work. After the certified payrolls have been reviewed in accordance with the contracting or sponsoring agency's procedures, such certified payrolls must be preserved by the agency for a period of 3 years after all the work on the prime contract is completed and must be produced for inspection, copying, and transcription by the Department of Labor upon request. The certified payrolls must also be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor.

(b) Recordkeeping. Each contractor or subcontractor must preserve the regular payroll records for a period of 3 years after all the work on the prime contract is completed. The regular payroll records must set out accurately and completely the name; Social Security number; last known address, telephone number, and email address of each laborer and mechanic; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. The contractor or subcontractor must make such regular payroll records, as well as copies of the certified payrolls provided to the contracting or sponsoring agency, available at all times for inspection, copying, and transcription by the contracting officer or their authorized representative, and by authorized representatives of the Department of Labor.

[88 FR 57730, Aug. 23, 2023]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1982–2021 · leading case: Painting & Drywall Work Pres. Fund, Inc. v. Dep't of Hous. & Urban Dev., 936 F.2d 1300 (D.C. Cir. 1991).
Sort: Relevance Newest Treatment
Painting & Drywall Work Pres. Fund, Inc. v. Dep't of Hous. & Urban Dev., 936 F.2d 1300 (D.C. Cir. 1991). “See 29 C.F.R. § 3.4 (b) 1990. Both the Department of Labor and the Department of Housing and Urban Development (“HUD”), as the contracting agency, enforce compliance with these laws.”
United States v. Javier Estepa, 998 F.3d 898 (11th Cir. 2021). “§ 3145 (a); 29 C.F.R. § 3.4 (b). Knowingly and willfully submitting a materially false certified payroll statement is a felony.”
Laborers Int'l Union, Local No. 374 v. City of Aberdeen, 642 P.2d 418 (Wash. Ct. App. 1982). “See 29 C.F.R. § 3.4 (a) (1964). The City had *448 to do this because it is an entity of government; it follows that this function was a governmental function.”
United States v. Juan Carlos Bazantes, 978 F.3d 1227 (11th Cir. 2020). “” 29 C.F.R. § 3.4 (a). In that manner, the CDC was explicitly given the statutory and regulatory authority to receive the payroll records that Arbelaez and Bazantes made or used, to examine them for compliance with the law, such as the Davis-Bacon Act and the Copeland Act, to…”
Hopkins v. United States Dep't of Hous. & Urban Dev., 929 F.2d 81 (2d Cir. 1991). “See 29 C.F.R. § 3.4 (b). Before releasing copies of the payroll records to appellant, HUD deleted all names, addresses and social security numbers.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.