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
Cheryl Catron Florida Department of Transportation CERTIFIED - - PowerPoint PPT Presentation
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
USDOL regulations in 29 CFR 5.5 FHWA 1273 – IV. DBRA Provisions Specification 7-16 Prevailing Wages Compliance Manual, Chapter 6
Florida Department of Transportation
CERTIFIED PAYROLLS – Davis is Bacon and Related Acts
The “government contract acts”
Regulate
Florida Department of Transportation
CERTIFIED PAYROLLS – Davis is Bacon and Related Acts
FDOT contracts which require compliance with the “government contract acts” include:
FHWA 1273, May 1, 2012 -- included in its entirety
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. THIS TRAINING IS TO HELP THOSE WHO REVIEW SUBMITTED CERTIFIED PAYROLLS.
Florida Department of Transportation
LOCAL AGENCY PROJECTS
CERTIFIED PAYROLLS – Davis is Bacon and Related Acts
We will go over various aspects of the requirement.
Florida Department of Transportation
REQUIREMENT APPLIES TO:
classified as a Federal-aid highway
REQUIREMENTS APPLY, even if it is a local road
Florida Department of Transportation
Florida Department of Transportation
Required for all laborers and mechanics working
Does not apply to Supervisors or Professionals.
WHAT IT MEANS TO CONTRACTORS:
Florida Department of Transportation
WHAT IT MEANS TO THE PRIME:
Florida Department of Transportation
WHAT THIS MEANS FOR RCS:
Florida Department of Transportation
RECEIVED NOV 1-2016
REVIEWED 11/1/16 CC
M-F Pay Week Pay Day Next Wed
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
SEE, YOU KNOW A LOT ALREADY!!
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Florida Department of Transportation
Florida Department of Transportation
RCS – CREATE A SYSTEM OR TRACKING LOG FOR PAYROLLS. ASK CHERYL FOR SAMPLE EXCEL LOG.
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
Florida Department of Transportation
DO THE WAGE RATES IN THE BID DOCS EVER CHANGE?
applies.
date.
current modification date applies.
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
FHWA 1273, IV. DBRA Provisions, 1. Minimum Wages --
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
Regardless of any contractual agreement alleged between contractor and worker.
Florida Department of Transportation
CERTIFIED PAYROLLS – FORMS or FORMAT
Florida Department of Transportation
As Resident Compliance Specialists LET’S REVIEW THE FDOT PAYROLL FORM STARTING WITH THE STATEMENT OF COMPLIANCE. Si Signature ature PAGE CERTIFIES THE PAYROLL PAYROLL - REPORTING REQUIREMENTS –
FHWA 1273 IV DBRA, 3 Payrolls and basic records, b(2)
Compliance Manual 6.5.15 -- Payroll form Instructions
Florida Department of Transportation
FDOT PAYROLL FORM # 700-010-69
STATEMENT OF COMPLIANCE Review Sample Provided. See Errors?
FICTITIOUS SAMPLE - FOR TRAINING PURPOSES ONLY
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
Florida Department of Transportation
PAYROLL REPORTING REQUIREMENTS – FHWA 1273 Section IV DBRA, #3- Payrolls and basic records, b.(1) Wage and Hour Record
Florida Department of Transportation
PAYROLL – WAGE AND HOUR RECORD – Fictitious Sample
Florida Department of Transportation
PAYROLL REPORTING REQUIREMENTS – FHWA 1273 IV DBRA, 3 Payrolls and basic records, b(1) Wage and Hour Record - Header
Florida Department of Transportation
PAYROLL REPORTING REQUIREMENTS – FHWA 1273 IV DBRA, 3 Payrolls and basic records, b(1) Wage and Hour Record – Columns of Payroll Data
Notice the Column Numbers (1), (2), (3), etc. Review each column and line entry. Race and Gender is not required but preferred by FDOT. Must show Project Gross and Weekly Gross – even if the same. FICA deduction (Social Security and Medicare, employee deduction) Withholding tax, as applies “Other” deductions – Must be named on column or Deduction Sheet
Florida Department of Transportation
HEADER INFORMATION SAME AS WAGE AND HOUR RECORD. COLUMN ABBREVIATIONS SHOULD BE CLEAR – ASK PRIME IF YOU DON’T KNOW. DEDUCTION RECORD IS OPTIONAL. CONTRACTORS INCLUDE IT AS NEEDED.
Florida Department of Transportation
HEADER INFORMATION SAME AS WAGE AND HOUR RECORD. COLUMN ABBREVIATIONS SHOULD BE CLEAR – ASK PRIME IF YOU DON’T KNOW. THIS FRINGE SHEET IS OPTIONAL. CONTRACTORS SUBMIT IF IT APPLIES.
Florida Department of Transportation
CALCULATE -- Are Total Hours ACCURATE? COMPARE – Is prevailing wage minimum met? CALCULATE – Total Hours worked x Pay rate listed.
COULD FIND SLIGHT ROUNDING DIFFERENCES. (Contractor can expand the column size in Excel.)
Florida Department of Transportation
Classifications and Wages Applicable Wage Rate Decision Sample: ORANGE COUNTY HIGHWAY
Florida Department of Transportation
Cash Rates Fringes CARPENTER, INCLUDES FORM WORK $ 15.73 0.00 CEMENT MASON/ CONCRETE FINISHER $ 12.95 0.31 LABORER: COMMON OR GENERAL $ 10.95 0.00
General Decision Number: FL160223 04/15/2016
Construction Type: Highway County: Orange County in Florida
$ 12.95 + .31 $ 13.26
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
Same worker - Separate lines for each Classification
SAME WEEKLY GROSS $ 410.00 Should be listed.
Florida Department of Transportation
RENEE worked as Laborer and as Cement Mason/ Concrete Finisher. Payroll can report her hours at the higher classification name and all hours worked show pay at the rate of the higher classification she worked that week, Cement Mason/ Concrete Finisher.
Florida Department of Transportation
INDEPENDENT CONTRACTOR FEID NUMBER SUBLET OR RENTAL AGREEMENT ON ITS OWN PAYROLL -- NOT ON PRIME’S OR OTHER SUBS’ PAYROLLS – NAME, CLASSIFICATION, HOURS WORKED WORKING OWNER 20% EQUITY AND PARTICIPATE IN MANAGEMENT SUBMIT SIGNED LETTER STATING OWNERSHIP PAYROLLS – NAME, ID #, OWNER-541 EXCLUDED WORKING FOREPERSON PAYROLL OF EMPLOYER FOREPERSON + CLASSIFICATION AND ALL OTHER PAYROLL DATA FOR EXAMPLE: FOREMAN-CARPENTER
SOME PAYROLLS MAY SHOW THESE CLASSIFICATIONS
Signed letter submits WITH certified payroll. RCS keeps it on file. Applies for this project only.
Florida Department of Transportation
A Wage Determination/WD may contain two separate requirements for any individual classification: Hourly Rate (Monetary Wage) and Fringe Benefit (Payments for a bona fide fringe benefit) = Prevailing Wage for the Classification
Florida Department of Transportation
Contractors can meet the WD requirement for a classification by combinations of cash and bona fide fringe benefits:
bona fide fringe benefits
Florida Department of Transportation
We all know what CASH WAGES are. BUT……
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To satisfy Davis Bacon requirements
Florida Department of Transportation
than are shown on the WD.
to meet the prevailing wage:
Florida Department of Transportation
Florida Department of Transportation
Sample Calculations in Compliance Manual 6.8.7
Florida Department of Transportation
EXCEL WORKSHEET ASK Cheryl
Florida Department of Transportation
AT STRAIGHT PAY, NOT TIME AND A HALF
Florida Department of Transportation
Fringe Benefit calculations are based on a 40 hour work week x 52 weeks = 2080 Hours/yr. Overtime hours are not accounted for. Fringe amounts owed may need to be paid in CASH.
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
IF YOU ARE UNFAMILIAR WITH A CLASSIFICATION, A FRINGE BENEFIT OR A DEDUCTION ON A PAYROLL, CONTACT D5 LAP OVERSIGHT OR DCCM.
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
REQUIREMENTS APPLY ACCOUNTABILITY
PRIME FULFILLS CONTRACT
Florida Department of Transportation
Noncompliance Communications TABLE 1.6.5.1 Compliance Manual
Florida Department of Transportation
CONTRACTOR’S PAST PERFORMANCE RATING/CPPR
PROCEDURES TO BE FOLLOWED.
Florida Department of Transportation
ON THE PRIME’S STATUS OF COMPLIANCE
Florida Department of Transportation
Payrolls, send anytime
month or before pay estimates
Signed and Sent 11/1/16; Due 7 business days after 11/1/16; Due date is: 11/10/16
Florida Department of Transportation
Florida Department of Transportation
Page 2 of the form:
VIOLATION CODE 1 – TIME AND A HALF NOT PAID FOR OVERTIME HOURS WORKED VIOLATION CODE 3 – IMPROPER CLASSIFICATION VIOLATION CODE 4 – HOURLY RATE IS LESS THAN MINIMUM RATE FOR THE CLASSIFICATION WORKED VIOLATION CODE 5 – MATHEMATICAL ERRORS ON PAYROLL VIOLATION CODE 6 – UNAUTHORIZED DEDUCTIONS VIOLATION CODE 7 – OTHER, EXPLAIN IN COMMENT SECTION OF FORM
Always include page 2. Do NOT send Labor Interview to prime.
Florida Department of Transportation
RESOLUTION OF PAYROLL NNC or VIOLATION SUPPLEMENTAL CERTIFIED PAYROLL and IF APPLICABLE, PROOF OF PAYMENT MADE AND RECEIVED BY EMPLOYEE.
Florida Department of Transportation
WHAT IS A SUPPLEMENTAL CERTIFIED PAYROLL? REQUIRED TO RESOLVE ALL PAYROLL VIOLATIONS. SUPPLEMENTS THE ORIGINAL PAYROLL (Both parts)
IS NOT SAME DATE AS ORIGINAL PAYROLL
Florida Department of Transportation
Compliance Workbook
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
WHEN CONTRACTS INCLUDE REQUIREMENT OF DAVIS BACON & RELATED ACTS/DBRA… CERTIFIED PAYROLLS ARE DUE. LABOR INTERVIEWS ARE CONDUCTED. HOW MANY PER MONTH? WHAT’S THE NUMBER BASED ON?
Florida Department of Transportation
Florida Department of Transportation
Rental Agreement Operator
Florida Department of Transportation
Florida Department of Transportation
RCS completes the header Section A with project information. Provide copies for those who will interview.
Interviewer gives full name, signature, employer and date.
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
Florida Department of Transportation
and I) without regard to payroll.
Florida Department of Transportation
thoroughly and follows up BEST PRACTICES:
thoroughly and follows up WHAT DOES REVIEW THORUOUGHLY MEAN? FOLLOW UP ON ……. ANY DIFFERENCES WITH PAYROLLS OR DAILY WORK REPORTS OR KNOWN DATA
Florida Department of Transportation
Florida Department of Transportation
COOL!