Does Certified Payroll Have to Be Paid Weekly? | Federal Rules, Penalties & No-Work Week Guide

 

Does Certified Payroll Have to Be Paid Weekly?

Yes, certified payroll must be submitted weekly when covered work is performed on federal construction projects over $2,000. The Copeland Act (40 U.S.C. § 3145) and Davis-Bacon Act require contractors and subcontractors to furnish weekly wage statements and file certified payroll reports (Form WH-347 with Statement of Compliance) every week covered work occurs. 

Understanding certified payroll requirements helps contractors:

• Stay compliant
• Protect workers
• Avoid costly penalties

For weeks without covered work, check your contract—many agencies require "No Work" statements, but federal law does not mandate them.

Key Takeaways

• Certified Payroll Reports Must Be Submitted Weekly
  Federal contractors must submit certified payroll reports each week covered work occurs under the Copeland Act (40 U.S.C. § 3145) and 29 CFR Part 3.

• No-Work Weeks May Still Require Documentation
  Federal law does not require certified payrolls during weeks with no covered work, but many agencies require “No Work” statements to maintain continuous records.

• Reports Must Include Complete Wage and Benefit Details
  Certified payroll forms (WH-347) record each worker’s classification, hours, wage rate, fringe benefits, and net pay to verify compliance with the Davis-Bacon Act.

• Late or Missing Reports Can Trigger Severe Penalties
  Non-compliant contractors risk withheld funds, contract termination, and debarment for up to three years under 29 CFR § 5.12.

• Automation Simplifies Compliance and Reduces Errors
  Payroll4Construction automates certified payroll generation and verification, helping contractors stay compliant while saving time on weekly reporting.

What is Certified Payroll?

Certified payroll documents weekly, project-specific wages and fringe benefits on covered federal projects using DOL Form WH-347 with a signed Statement of Compliance. Construction projects funded by the federal government demand this specialized reporting. 

Unlike standard payroll, certified payroll documents specific details about every employee working on the project under Davis-Bacon Act (DBA) rules.

The report includes each worker's:

• Name
• Job classification
• Hours worked
• Wage rate
• Fringe benefits
• Total net pay

Contractors and subcontractors submit this information using Form WH-347 to the Department of Labor and the contracting agency overseeing the project. 

The Davis-Bacon Act, established in 1931, requires that workers on federal construction projects over $2,000 receive prevailing wage and benefits. By submitting certified payroll reports weekly, you're certifying under penalty of perjury (per 18 U.S.C. § 1001) that all workers received the correct prevailing wage rates and benefits for their specific trade classification and geographic location.

Certified Payroll Report From Payroll4Construction

Weekly Submission Requirement

Federal rules require contractors to submit weekly payrolls for each week in which covered work is performed. The Copeland Act (40 U.S.C. § 3145) and DOL regulations (29 CFR Part 3) mandate that contractors furnish a statement of wages paid to each employee during the prior week. This applies to all federal construction contracts exceeding $2,000. 

You must furnish weekly reports within 7 days after the regular pay date, maintain accurate records, and complete a signed Statement of Compliance with each submission (per FAR 52.222-8).

The weekly requirement means you can't batch reports monthly or submit them on your own schedule. 

Each payroll report must be numbered sequentially, starting with payroll number one. If your federal project runs for 20 weeks with covered work, you must submit 20 separate certified payroll reports with wage details. 

The Department of Labor and contracting agencies review these submissions to verify that prevailing wage rates, fringe benefits, and overtime requirements are being met correctly. Late submissions can hold up your project payments and create compliance problems with the contracting officer.

What About Weeks When No Work is Performed?

Federal regulations do not require a certified payroll when no covered work occurs; however, many agencies and contracts require a "No Work" statement to keep records continuous. This is a critical distinction. Construction has built-in delays—weather halts work, you're waiting for other trades to finish, or subcontractors haven't arrived yet. 

In these situations, federal law doesn't mandate a payroll submission, but your specific contract terms may require you to submit a "No Work" report or Statement of Non-Performance.

Check your contract language and ask your contracting officer or prime contractor whether "No Work" statements are required. Many federal agencies do require them to maintain sequential documentation. 

If required, the no-work report maintains your sequential numbering and documents that no covered work was performed. This keeps your payroll records complete and continuous from project start to finish. 

When work resumes, you return to submitting regular certified payroll reports with employee details, hours, and wages. 

Your final report should be marked "Final" to indicate you've completed all work on that project. Submitting accurate documentation shows the Department of Labor that you're maintaining proper records throughout the project lifecycle.

Penalties for Missing or Late Certified Payroll

Failing to submit weekly certified payroll when covered work occurs can trigger serious consequences for your construction business. The federal government takes prevailing wage compliance seriously. Missing reports, late submissions, or inaccurate information puts you at significant risk.

Consequences include:

• Withholding of contract funds until you submit compliant reports
• Contract termination by the contracting officer
• Debarment from bidding on federal projects for up to three years (29 CFR 5.12) 

You may face civil penalties under the False Claims Act (31 U.S.C. § 3729) and be required to pay back wages to workers who were underpaid. 

In severe cases—especially willful falsification—contractors face criminal prosecution under 18 U.S.C. § 1001, fines up to $5,000, and imprisonment up to five years.

Beyond legal consequences, non-compliance damages your reputation with federal agencies, eliminates future contract opportunities, and creates audit liabilities. 

The Department of Labor has increased its scrutiny of certified payroll submissions in recent years, making accuracy and timeliness more critical than ever for contractor eligibility.

State Requirements May Add Additional Obligations

Federal Davis-Bacon rules set the baseline; state and local prevailing wage laws often add stricter requirements on top. Many states enforce their own prevailing wage laws and certified payroll rules that layer additional obligations beyond the federal $2,000 threshold and weekly submission mandate. These state rules often have different thresholds, wage rates, and submission procedures.

Some states require certified payroll for public works projects below the federal $2,000 threshold. California, for example, requires prevailing wage reporting for projects as low as $1,000. 

Other states have their own forms beyond the standard WH-347 or require submissions through state-specific systems (like California's LCPtracker). 

Contractors working across multiple states must track:

• Varying requirements
• Wage determinations
• And deadlines

The complexity increases when a single project involves mixed funding sources—federal, state, and local dollars. 

Reviewing your contract carefully and contacting your state labor department ensures you understand all applicable requirements and submission procedures for your jurisdiction.

How Payroll4Construction Simplifies Weekly Certified Payroll

Certified payroll doesn't have to consume your entire week. For 19 years, Payroll4Construction has helped contractors navigate prevailing wage compliance and automate the certified payroll process. We collect your payroll data, verify accuracy, and generate compliant Form WH-347 reports—so you can focus on running your project.

Our automated system eliminates manual errors, accelerates report preparation, and streamlines the entire submission workflow. You maintain control over your data while we handle the complexity. 

Contractors submit employee hours and information through our secure platform, and we generate, verify, and prepare your certified payroll reports for submission. 

This approach:

• Reduces errors
• Saves countless hours
• Ensures your reports meet all federal and state requirements

Your team stays compliant without the spreadsheet chaos and double-checking that consumes time every week. Since 2006, we've processed thousands of certified payroll submissions and understand exactly where contractors get stuck. Let us automate the work—you just send it.

FAQ: Common Certified Payroll Questions

Do I have to submit certified payroll reports if no work was performed?

Federal law does not require a certified payroll when no covered work occurs, but many federal agencies and contracts do require a "No Work" statement to maintain continuous records. 

Check your contract terms and contact your contracting officer or prime contractor to confirm requirements. If required, the no-work statement must be signed just like regular payroll, proving you're staying organized and compliant throughout the project lifecycle. Never assume—always verify with your contract administrator.

What are the real penalties for late or missing certified payroll submissions?

Missing or late certified payroll submissions when covered work was performed trigger withheld contract funds, project payment delays, contract termination, and debarment from future federal projects for up to three years (29 CFR 5.12). Willful falsification can result in civil penalties under the False Claims Act (31 U.S.C. § 3729), criminal prosecution under 18 U.S.C. § 1001, fines up to $5,000, and imprisonment up to five years. The Department of Labor has significantly increased compliance audits and site investigations.

Can certified payroll be submitted monthly instead of weekly?

No, federal law requires weekly certified payroll submission (within 7 days after regular pay date per 29 CFR 3.4) for each week in which covered work occurs under the Copeland Act (40 U.S.C. § 3145). The weekly mandate applies to all federal construction projects over $2,000. 

Some state prevailing wage projects may have different rules, but federal contracts demand weekly reports. Always verify your specific contract terms and state obligations with your contracting officer.

Staying Compliant: Weekly Certified Payroll Requirements and Risk Mitigation

Certified payroll compliance is non-negotiable for contractors on federal construction projects over $2,000. Submit weekly reports when covered work occurs, maintain accurate records, and confirm your contract's requirements for no-work weeks. 

The weekly submission requirement, established by the Copeland Act (40 U.S.C. § 3145) and enforced through 29 CFR Parts 3 and 5, protects workers, ensures fair competition, and keeps your business eligible for future government contracts.

The consequences of non-compliance are severe: 

• Withheld payments
• Contract termination
• Debarment for up to three years
• Criminal liability 

It's a legal obligation that directly affects your bottom line and business reputation. 

For 19 years, Payroll4Construction has helped contractors eliminate the stress of certified payroll by automating the entire process. We reduce errors, accelerate submissions, ensure compliance with federal and state rules, and keep your project payments on track so you can focus on building instead of wrestling with spreadsheets.

Don't let certified payroll compliance hold you back. Contact Payroll4Construction today to discover how our automation transforms weekly compliance from a burden into a simple, reliable process.