Form, WH, Davis-Bacon Certified Payroll · wh(exp).pdf, http:// , Yes, No, Fillable Printable. Instruction. Form online at: General: The use of the WH payroll form is not mandatory. This form has been made available. While completion of Form WH is optional, it is mandatory for covered contractors . Use; See Instructions at htm).
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Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 b 2 of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph a 1 iv of this section; also, regular contributions made or costs incurred for more than a weekly period but not less often than quarterly under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.
The wage determination including any additional classification and wage rates conformed under paragraph a 1 ii of this section and the Davis-Bacon poster WH shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
29 CFR 5.5 – Contract provisions and related matters.
A The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:.
B If the contractor and the laborers and mechanics to be employed in the classification if knownor their representatives, and the contracting officer agree on the classification and wage rate including the amount designated for fringe benefits where appropriatea foems of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U. Department of Labor, Washington, DC The Administratoror an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the day period that additional time is necessary.
Wgd In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate including the amount designated for fringe benefits, where appropriatethe contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officerto the Administrator for determination.
The Administratoror an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the day period that additional time is necessary. D The wage rate including fringe benefits where appropriate determined pursuant to paragraphs a 1 ii B or C of this section, shall be paid to all workers performing work in the classification under this contract eda the first day on which work is performed in the classification.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. The write in name of Federal Agency or the loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprenticestrainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice, traineeor helper, employed or working on the site of the work or under the United States Housing Act of or under the Housing Act of in the construction or development of the projectall or part of the wages required by the contractthe Agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 b 2 B of the Davis-Bacon Actdaily and weekly number of hours worked, deductions made and actual wages paid.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
A The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the write in name of appropriate federal agency if the agency is a party to the contractbut if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the write in name of agency.
The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.
Instead the payrolls shall only need to include an individually identifying number for each employee e. The required weekly payroll information may be submitted in any form desired.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the write in name of appropriate federal agency if the agency is a party to the contractbut if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the write in name of agencythe contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements.
It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and hwd security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency or the applicant, sponsor, or owner. D The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section of title 18 and section of title 31 of the United States Code.
If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency forsm, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to formd the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.
Apprentices will be permitted dorms work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency where appropriate to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job wdh in excess of the ratio permitted under the registered program shall be paid not forns than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in which its program foorms registered, the ratios and wage rates expressed in percentages of the journeyman’s hourly rate specified in the contractor’s or subcontractor’s registered dhd shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance whdd the provisions of the apprenticeship program. If fogms apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the whhd will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
Except as provided in 29 CFR 5. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate corms in the approved program for the trainee ‘s level of progress, expressed as a percentage of the journeyman hourly rate specified in the ssa wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions fforms the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any trainee performing work on frms job site in excess of the ratio permitted under dh347 registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. The utilization of apprenticestrainees and journeymen under this part shall wg347 in conformity with the equal employment opportunity requirements of Executive Orderas amended, and 29 CFR part The contractor shall comply with the requirements of 29 CFR part 3which are incorporated by reference in this contract.
The contractor or subcontractor shall insert in any subcontracts wg347 clauses contained in 29 CFR 5. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5. A breach of the contract clauses in 29 CFR 5. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 13and 5 are herein incorporated by reference in this contract.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. wyd
Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 56and 7.
Disputes within the meaning of this clause include disputes between the contractor or any of its subcontractors and the contracting agencythe U. Department of Labor, or the employees or their representatives. Criminal Code, 18 U. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. No contractor or subcontractor contracting for any part of the conract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is wh37 on such work to foems in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a wu347 not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
wh form –
In the event of any violation of the clause set forth in paragraph b 1 of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States in the case of work done under contract for the District of Columbia or a territory, to such District or to such territoryfor liquidated damages.
The write in the name of the Federal agency or the loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b 2 of this section.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph b 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs b 1 through 4 of this section. Such records shall contain the name and address of each such employeesocial security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the write the name of agency and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.
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