Fillable Printable Certification of Payroll by Officer - New York

Certification of Payroll by Officer - New York

STATE OF NEW YORK

DEPARTMENT OF LABOR

BUREAU OF PUBLIC WORK

CERTIFICATION OF OFFICER OF CONTRACTOR OR SUBCONTRACTOR

, am an officer with the title

NAME OF OFFICER

in the firm of

and am authorized by that firm to sign and swear to the validity and accuracy of the statements below:

(1) I pay or supervise the payment of laborers, workers and mechanics employed by

on the

project. During the payroll period commencing on the

day of

and

day of

ending the

, all laborers, workers and mechanics employed on said

project were paid the wages and supplements recorded as earned on the attached payroll records. No

deductions have been made either directly or indirectly from the wages and supplements other than

deductions shown on the payroll records.

(2) The payroll records submitted for the above period and attached hereto are correct and

complete. The number of hours shown for each employee reflects the actual hours worked by that

employee. The classification shown for each employee is accurate and conforms with the work he or

she performed.

Signed

Title of Officer

Name of Firm

Address

Sworn to before me this

day of

NOTARY PUBLIC OR OFFICIAL AUTHORIZED TO ADMINISTER OATHS

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE SIGNATORY OF

THIS CERTIFICATION AND CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.

PW- 1 8.1 (03-07)

...

. I-

- - --

I--

- -

OFFICIAL USE ONLY

CASE ID #

PRC #

General Provisions of Laws Covering Workers

on Public Work Contracts

NYSDOL Bureau of Public Work (03.10) Page 1 of 7

The Labor Department issues wage schedules on a county-by-county basis that contain minimum rates

of pay for different work classifications. State law requires that these schedules be made part of all

contracts between a government entity and a contractor.

The State Labor Department updates prevailing wage rates annually by July 1. For information and/or

assistance on a specific rate, please contact the local district office. Informational wage schedules may

be obtained by mailing or Fax a request to the Bureau's Central Office.

The process has five steps:

A state or local agency decides to let a contract for a public work project.

The contracting agency must send a written or online request to the Labor Department's

Bureau of Public Work for an appropriate wage schedule.

The contracting agency then must attach the wage schedule to the bid specifications.

When awarding a contract, the agency must attach the wage schedule to the contract

and notify the Bureau of Public Work that the contract has been awarded.

Before work begins, the contractor and subcontractor(s) must post wage schedules at the

construction site so that workers know what they are entitled to.

Responsibilities of the Department of Jurisdiction

A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board, or

commission; a county, city, town or village; a school district, board of education or board of cooperative

educational services; a sewer, water, fire, improvement and other district corporation; a public benefit

corporation; and a public authority awarding a public work contract.

The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a

Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be

employed on a public work project. This schedule may be obtained by completing and forwarding a

Request for Wage and Supplement Information form (PW-39) to the Bureau of Public Work. The

Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is

deemed part of the public work contract.

Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting

Agency) furnish the following information to the Bureau: the name and address of the contractor, the

date the contract was let, and the approximate dollar value of the contract. To facilitate compliance with

this provision of the Labor Law, a copy of the Department’s Notice of Contract Award form (PW-16) is

provided with the original Prevailing Rate Schedule.

General Provisions of Laws Covering Workers

on Public Work Contracts

NYSDOL Bureau of Public Work (03.10) Page 2 of 7

The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion

or cancellation of any public work project. The Department's Notice of Completion / Cancellation of

Project form (PW-200) is provided for that purpose.

Both the PW-16 and PW-200 forms are available for completion online.

Hours

No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the

performance of any public work project shall be permitted to work more than eight hours in any day or

more than five days in any week, except in cases of extraordinary emergency. The contractor and the

Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a

dispensation permitting workers to work additional hours or days per week on a particular public work

project.

There are very few exceptions to this rule. Complete information regarding these exceptions is available

on the 4 Day / 10 Hour Work Schedule page

Wages and Supplements

The wages and supplements to be paid and/or provided to laborers, workers and mechanics employed

on a public work project shall be not be less than those listed in the current Prevailing Rate Schedule for

the locality where the work is performed. If a prime contractor on a public work project has not been

provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction

(Contracting Agency) who in turn must request an original Prevailing Rate Schedule from the:

New York State Department of Labor,

Bureau of Public Work

State Office Campus, Bldg. 12

Albany, NY 12240

Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is required to

provide complete copies to all prime contractors who in turn must provide copies to each subcontractor

and obtain an affidavit certifying such schedule was received.

The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is

in effect from July 1 thru June 30 of the following year. The annual determination is available on the

Department of Labor website. The prime contractor is required by law to provide copies of all applicable

county schedules to each subcontractor and to obtain from each and every subcontractor an affidavit

certifying that such schedules were received. If the original schedule expired, the contractor may obtain

a copy of the new annual determination from the Department’s website.

Payrolls and Payroll Records

Every contractor and subcontractor must keep original payrolls or transcripts subscribed and affirmed as

true under penalty of perjury. Payrolls must be maintained for at least three years from the project's

General Provisions of Laws Covering Workers

on Public Work Contracts

NYSDOL Bureau of Public Work (03.10) Page 3 of 7

date of completion. At a minimum, payrolls must show the following information for each person

employed on a public work project:

Name, Address, and Last 4 Digits of Social Security Number

Classification(s) in which the worker was employed

Hourly wage rate(s) paid

Supplements paid or provided

Daily and weekly number of hours worked in each classification.

Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency),

within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript

of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of

Jurisdiction (Contracting Agency) shall collect, review for facial validity, and maintain such payrolls.

In addition, the Commissioner of Labor may require contractors to furnish, within ten days of a request,

payroll records sworn to as their validity and accuracy for public work and private work. Payroll records

include, but are not limited to, time cards, work description sheets, proof that supplements were

provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the

allotted ten days will result in the withholding of up to 25% of the contract, not to exceed one hundred

thousand dollars. If the contractor or subcontractor does not maintain a place of business in New York

State and the amount of the contract exceeds $25,000, payroll records and certifications must be kept

on the project worksite.

The prime contractor is responsible for any underpayments of prevailing wages or supplements by any

subcontractor.

All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate

Schedule specified in the public work contract. A failure to provide a schedule by a contractor or

subcontractor is a violation of Article 8 of the Labor Law. See Section 220-a.

All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the

original schedule shall provide to such contractor a verified statement attesting that the subcontractor

has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and

supplements specified therein. See Section 220-a.

Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties

The wages and supplements contained in the annual determination become effective July 1st whether or

not the new determination has been received by a given contractor. Care should be taken to review the

rates for obvious errors. Any corrections should be brought to the Department’s attention immediately.

It is the responsibility of the public work contractor to use the proper rates. If there is a question on the

proper classification to be used, please call the district office located nearest the project. Any errors in

General Provisions of Laws Covering Workers

on Public Work Contracts

NYSDOL Bureau of Public Work (03.10) Page 4 of 7

the annual determination will be corrected and posted to the Department’s website on the first business

day of each month. Contractors are responsible for paying these updated rates as well, retroactive to

July 1st.

When you review the schedule for a particular occupation, your attention should be directed to the dates

above the column of rates. These are the dates for which a given set of rates is effective. To the extent

possible, the Department posts rates in its possession that cover periods of time beyond the July 1st to

June 30th time frame covered by a particular annual determination. Rates that extend beyond that

instant time period are informational only and may be updated in future annual determinations that

actually cover the then appropriate July 1st to June 30th time period.

Withholding of Payments

When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or

subcontractor to pay or provide the prevailing wages or supplements, o when the Commissioner of

Labor believes that unpaid wages or supplements may be due, payments on the public work contract

shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages

and supplements, including interest and civil penalty, pending a final determination.

When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed

to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections

220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction

(Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause

to be withheld from any payment due the prime contractor on account of such contract the amount

indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and

any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until

there is a final determination of the underpayment by the Commissioner of Labor or by the court in the

event a legal proceeding is instituted for review of the determination of the Commissioner of Labor.

The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of

Labor or of the court with respect to the release of the funds so withheld.

Summary of Notice Posting Requirements

The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of

the public work project. The prevailing wage schedule must be encased in, or constructed of, materials

capable of withstanding adverse weather conditions and be titled ”PREVAILING RATE OF WAGES" in

letters no smaller than two (2) inches by two (2) inches.

The

Public Work Project notice must be posted at the beginning of the performance of every public work

contract

on each job site.

Every employer providing workers’ compensation insurance and disability benefits must post notices of

such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on

the jobsite.

General Provisions of Laws Covering Workers

on Public Work Contracts

NYSDOL Bureau of Public Work (03.10) Page 5 of 7

Every employer subject to the New York State Human Rights Law must conspicuously post at its offices,

places of employment, or employment training centers notices furnished by the State Division of Human

Rights.

Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on

the jobsite notices furnished by the New York State Department of Labor.

Apprentices

Employees cannot be paid apprentice rates unless they are individually registered in a program

registered with the New York State Commissioner of Labor. The allowable ratio of apprentices to

journeyworkers in any craft classification can be no greater than the statewide building trade ratios

promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee

listed on a payroll as an apprentice who is not registered as above or is performing work outside the

classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's

wage rate for the classification of work the employee is actually performing.

Article 8 of the New York State Labor Law requires that only apprentices individually registered with the

New York State Department of Labor may be paid apprenticeship rates on a public work project. No

other Federal or State Agency or office registers apprentices in New York State.

Persons wishing to verify the apprentice registration of any person must do so in writing to the:

New York State Department of Labor

Office of Employability Development/Apprenticeship Training

State Office Campus, Bldg. 12

Albany, NY 12240

Fax (518) 457-7154

All requests for verification must include the name and social security number of the person for whom

the information is requested.

The only conclusive proof of individual apprentice registration is written verification from the Albany

Apprenticeship Training Central Office. Neither Federal nor State Apprenticeship Training offices outside

Albany can provide conclusive registration information.

It should be noted that the existence of a registered apprenticeship program is not conclusive proof that

any person is registered in that program. Furthermore, the existence or possession of wallet cards,

identification cards, or copies of state forms is not conclusive proof of the registration of any person as

an apprentice.

Interest and Penalties

In the event that an underpayment of wages and/or supplements is found:

General Provisions of Laws Covering Workers

on Public Work Contracts

NYSDOL Bureau of Public Work (03.10) Page 6 of 7

Interest shall be assessed at the rate then in effect, as prescribed by the Superintendent of

Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment

to the date restitution is made.

A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements and

interest due.

Debarment

Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded

any public work contract or subcontract with any state, municipal corporation or public body for a period

of five years when:

Two willful determinations have been rendered against that contractor or subcontractor and/or

its successor within any consecutive six-year period.

There is any willful determination that involves the falsification of payroll records or the kickback

of wages or supplements.

Criminal Sanctions

Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by

fine or imprisonment of up to 15 years, or both.

Discrimination

No employee or applicant for employment may be discriminated against on account of age, race, creed,

color, national origin, sex, disability, or marital status.

No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color,

disability, sex or national origin discriminate against any citizen of the State of New York who is qualified

and available to perform the work to which the employment relates. See Section 220-e (a)

No contractor, subcontractor nor any person acting on its behalf, shall in any manner, discriminate

against or intimidate any employee on account of race, creed, color, disability, sex or national origin. See

Section 220-e (b)

The Human Rights Law also prohibits discrimination in employment because of age, marital status, or

religion.

There may be deducted from the amount payable to the contractor under the contract a penalty of fifty

dollars for each calendar day during which such person was discriminated against or intimidated in

violation of the provisions of the contract. Section 220-e(c)

General Provisions of Laws Covering Workers

on Public Work Contracts

NYSDOL Bureau of Public Work (03.10) Page 7 of 7

The contract may be cancelled or terminated by the State or municipality. All monies due or to become

due there under may be forfeited for a second or any subsequent violation of the terms or conditions of

the anti-discrimination sections of the contract. See Section 220-e (d)

Every employer subject to the New York State Human Rights Law must conspicuously post at its offices,

places of employment, or employment training centers notices furnished by the State Division of Human

Rights.

Workers’ Compensation

In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during

the life of the contract for the benefit of such employees as required by the provisions of the New York

State Workers' Compensation Law.

A Contractor who is awarded a public work contract must provide proof of workers' compensation

coverage prior to being allowed to begin work.

The insurance policy must be issued by a company authorized to provide workers' compensation

coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers'

Compensation Insurance) and must name this agency as a certificate holder.

If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy

from a company authorized to write workers' compensation coverage in this state. The coverage must

be listed under item 3A of the information page.

The contractor must maintain proof that subcontractors doing work covered under this contract secured

and maintained a workers' compensation policy for all employees working in New York State.

Every employer providing workers’ compensation insurance and disability benefits must post notices of

such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on

the jobsite.

Unemployment Insurance

Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on

the jobsite notices furnished by the New York State Department of Labor.