CERTIFIED PAYROLLS USDOL regulations in 29 CFR 5.5 FHWA 1273 – IV. DBRA Provisions Specification 7-16 Prevailing Wages Compliance Manual, Chapter 6 Cheryl Catron Florida Department of Transportation
CERTIFIED PAYROLLS – Davis is Bacon and Related Acts The “government contract acts” • Davis Bacon Act • Copeland Act • Fair Labor Standards Act • Contract Work Hours and Safety Standards Act Regulate • Payment of wages • Record keeping and reporting • Overtime pay Florida Department of Transportation
CERTIFIED PAYROLLS – Davis is Bacon and Related Acts FDOT contracts which require compliance with the “government contract acts” include: • Special Provision Sub-article 7-1.1 which invokes FHWA 1273, May 1, 2012 -- included in its entirety • And Sub-article 7-16, Wage Rates for Federal Aid Projects Florida Department of Transportation
CERTIFIED PAYROLLS – Davis is Bacon and Related Acts THIS TRAINING ON CERTIFIED PAYROLLS IS AN OVERVIEW. NOT A “HOW TO” FOR PAYROLL COMPLETION. LOCAL THIS TRAINING IS TO HELP THOSE WHO AGENCY REVIEW SUBMITTED CERTIFIED PAYROLLS. PROJECTS Florida Department of Transportation
CERTIFIED PAYROLLS – Davis is Bacon and Related Acts We will go over various aspects of the requirement. • What it means for us • Prevailing Wages • Tracking and reviewing payrolls • Noncompliance • Labor Interviews Florida Department of Transportation
CERTIFIED PAYROLLS – FHWA 1273 REQUIREMENT APPLIES TO: • All federally funded construction projects of $2,000 or more • Projects located within the right-of-way of a roadway that is functionally classified as a Federal-aid highway • Excludes roadways functionally classified as local roads or rural minor collectors. • FOR LAP – FUNDING SOURCE CAN DICTATE IF DBRA REQUIREMENTS APPLY, even if it is a local road • For LAP, generally, only Recreational Trail Projects/RTP’s are exempt • The prime and every subcontractor of every tier or level • Regardless of subcontract dollar amount Florida Department of Transportation
CERTIFIED PAYROLLS Required for all laborers and mechanics working on the job site. Does not apply to Supervisors or Professionals. Florida Department of Transportation
CERTIFIED PAYROLLS WHAT IT MEANS TO CONTRACTORS: • WAGES • Prevailing Wage Rates apply (minimum pay rates) • For all laborers and mechanics • Apply to prime, all subs, temporary agencies and operators under rental agreement • No matter the tier or the dollar amount of the subcontract or agreement • PAY WEEKLY • Wages are paid weekly to all laborers and mechanics • REPORT WEEKLY • Certified Payrolls are Submitted weekly, 7 days from pay date • NO WORK payrolls are not required (See Compliance Manual 6.5.2) • PAYROLLS ARE CERTIFIED • Contractors report AND certify by signature • LABOR INTERVIEWS • On-Site workers and truckers may be interviewed by Project Administrative staff/RCS at any time. Florida Department of Transportation
CERTIFIED PAYROLLS WHAT IT MEANS TO THE PRIME: • PRIME SUBMITS ALL CERTIFIED PAYROLLS TO THE PROJECT RCS. • Collects from its subcontractors • PRIME IS RESPONSIBLE FOR PAYROLL SUBMISSIONS. • Timely and Accurate • Communication is between PRIME and RCS. • Violations and Notices are issued to the Prime. • ALL NEW CLASSIFICATION REQUESTS ARE SUBMITTED BY PRIME. Florida Department of Transportation
RECEIVED CERTIFIED PAYROLLS NOV 1-2016 WHAT THIS MEANS FOR RCS: • KEEP WAGE DECISION AT HAND & NEW CLASSIFICATIONS • TRACK PAYROLLS FOR TIMELY RECEIPT M-F Pay Week • Ask prime for pay week and pay dates for prime and all subs Pay Day Next Wed • Notify prime when late – Send NNC -- Don’t Wait! • REVIEW PAYROLLS PROMPTLY • Mark receipt date, review date and initials of RCS REVIEWED • Check over first payrolls EXTRA CAREFULLY. 11/1/16 • Issue NNC or Payroll Violation as necessary CC • LABOR INTERVIEWS are performed Florida Department of Transportation
CERTIFIED PAYROLLS – RECAP so far WHAT’S THE NEXT STEP? RCS cannot read the blurry payroll. Contact the prime to send clear copy. RCS does not see the Superintendent on payrolls. Not required. RCS asks for pay date information. Learns sub pays bi-weekly. Required to pay weekly. Florida Department of Transportation
CERTIFIED PAYROLLS -- RECAP SEE, YOU KNOW A LOT ALREADY!! Florida Department of Transportation
CERTIFIED PAYROLLS – Resident Compliance Specialist / RCS • Prime submits certified payrolls. • RCS tracks their receipt. • RCS reviews each certified payroll. • Compares payroll with Daily Work Report Florida Department of Transportation
Payroll Tracking Log (example) RCS – CREATE A SYSTEM OR TRACKING LOG FOR PAYROLLS. ASK CHERYL FOR SAMPLE EXCEL LOG. Florida Department of Transportation
PREVAILING WAGES – Specification 7-16 16 7-16 Wage Rates for Federal-Aid Projects. For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in table below, as modified up through ten days prior to the opening of bids. Florida Department of Transportation
PREVAILING WAGES – Compliance Manual 6.2 • These are minimum hourly rates • Classifications, Wages and Fringe Benefits • County • Type – Highway, Heavy, Building, Residential • Per the prime’s contract with Local Agency • SPECIFICATION 7-16 Florida Department of Transportation
WAGE RATE DECISIONS – For LAP Projects DO THE WAGE RATES IN THE BID DOCS EVER CHANGE? • Table or decision remains the same • Based on County and Type • Check the Revision or modification date that applies. • Locks in 10 days before bid letting/bid opening date. • If award date is 90 days from bid open date, the current modification date applies. Florida Department of Transportation
CERTIFIED PAYROLLS – For LAP Proje jects We have discussed • What it means for us • Prevailing Wages Now we can discuss • Tracking and reviewing payrolls • Reminder – What is required? Florida Department of Transportation
FHWA 1273, IV. DBRA Provisions, 1. Minimum Wages -- a. All laborers and mechanics Employed or working upon the site of work, Will be paid unconditionally and Not less than once a week, and Without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR part 3)), The full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment Computed at rates not less than those contained in the wage determination of the Secretary of Labor…….., Regardless of any contractual agreement alleged between contractor and worker. Florida Department of Transportation
CERTIFIED PAYROLLS – FORMS or FORMAT • Two parts to Certified Payrolls • Statement of Compliance (Certifies) • Wage and Hour Record (Payroll) • WH-347 form or FDOT # 700-010-69 • Instructions in Compliance Manual 6.5.15 • Can use other format – Same info. Florida Department of Transportation
PAYROLL - REPORTING REQUIREMENTS – FHWA 1273 IV DBRA, 3 Payrolls and basic records, b(2) Compliance Manual 6.5.15 -- Payroll form Instructions As Resident Compliance Specialists LET’S REVIEW THE FDOT PAYROLL FORM STARTING WITH THE STATEMENT OF COMPLIANCE. ature PAGE CERTIFIES THE PAYROLL Si Signature Florida Department of Transportation
FDOT PAYROLL FORM # 700-010-69 STATEMENT OF COMPLIANCE Review Sample Provided. FICTITIOUS SAMPLE - FOR TRAINING PURPOSES ONLY See Errors? Florida Department of Transportation
PAYROLL - REPORTING REQUIREMENTS – FHWA 1273 IV DBRA, 3 Payrolls and basic records, b(2) Payroll form Instructions to Contractors, excerpt from Compliance Manual 6.5.15 -- FEDERAL # INCLUDES YEAR Florida Department of Transportation
PAYROLL - REPORTING REQUIREMENTS – FHWA 1273 IV DBRA, 3 Payrolls and basic records, b(2) Compliance Manual 6.5.15 -- Payroll form Instructions STATEMENT OF COMPLIANCE Section (1) Description of Deductions – “SEE ATTACHED PAYROLL” or similar, is recommended Section (2) Section (3) Section (4) (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS Section (4) (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Section (4) (c) EXCEPTIONS: List CRAFT and EXPLANATION REMARKS NAME AND TITLE – Same person listed as Signatory on first line SIGNATURE – MUST BE ACTUAL SIGNATURE or ENCRYPTED DIGITAL SIGNATURE Florida Department of Transportation
PAYROLL - REPORTING REQUIREMENTS – FHWA 1273 IV DBRA, 3 Payrolls and basic records, b(2) Compliance Manual 6.5.15 -- Payroll form Instructions STATEMENT OF COMPLIANCE SIGNATURE – MUST BE ACTUAL SIGNATURE or ENCRYPTED DIGITAL SIGNATURE SAMPLE: Florida Department of Transportation
PAYROLL – WAGE AND HOUR RECORD 700-010-69 LET’S REVIEW THE FDOT PAYROLL FORM WAGE AND HOUR RECORD KEEP IN MIND THE REQUIREMENTS FOR REPORTING WAGES AS FOLLOWS. Florida Department of Transportation
PAYROLL REPORTING REQUIREMENTS – FHWA 1273 Section IV DBRA, #3- Payrolls and basic records, b.(1) Wage and Hour Record 1. EMPLOYEE NAME and ID # 2. CORRECT CLASSIFICATION 3. DAILY AND WEEKLY NUMBER OF HOURS WORKED ON PROJECT 4. HOURLY RATES OF CASH WAGES PAID & FRINGE BENEFITS 5. PROJECT GROSS WAGES 6. WEEKLY GROSS WAGES 7. DEDUCTIONS 8. ACTUAL OR NET WAGES PAID Florida Department of Transportation
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