Fillable Printable Certification of Payroll by Officer - New York
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
I,
, am an officer with the title
NAME OF OFFICER
of
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
20
, 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
20
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)
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OFFICIAL USE ONLY
CASE ID #
PRC #
20
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.
