Payroll Compliance on Local Agency Contracts
Local Agency Payroll Compliance by Role
LA Project Oversight
Process maps & training guides
Full list of forms, process maps, and training guides for project oversight under development
Region Civil Rights Specialist
Process maps & training guides
Full list of forms, process maps, and training guides for Civil Rights Specialists under development
Contractors, visit the Payroll Compliance Overview page for requirements & responsibilities
Payroll Compliance Guidance
There are nine possible wage decisions, and the applicable decisions will be included in the contract. Wage decisions are not interchangeable and are based on the county where the work is being performed. Covered workers are those that do manual labor on a project.
Should you need an additional classification and rate, please complete DOL Form 1444 - Request for Authorization of Additional Classification and Rate.
Read CDOT Chief Engineer's Memo on Adherence to Employee Pay Regulations
Davis-Bacon and Related Acts (DBRA)
This law requires prevailing wage (minimum), fringe benefits, and pay every seven days for the work being done. DBRA is monitored and enforced by CDOT.
Fair Labor Standards Act (FLSA)
FLSA covers overtime and the workweek and is enforced by US DOL. Anyone complaining under the governance of FLSA will be referred to US DOL. Most complaints are about travel time. Any travel time (company truck, travel to
project on job is FLSA, not DB) beyond a normal home to work will count towards the 40 hours.
Contract Work Hours and Safety Standards Act (CWHSSA)
CWHSSA deals with overtime which is enforced by CDOT. This law requires all hours over 40 in the work week must be paid at 1.5 times the base rate of pay. It is not limited to project hours but on the worker’s total hours in a week. Fringe is paid hour for hour. The consequences of non-compliance can include fines, imprisonment, or both. This act covers watchmen and guards.
The Copeland “anti-kickback” act of 1934 regulates the deductions from an employee’s paycheck allowed - enforced by CDOT. Deductions by law, taxes, and health benefits are allowed. Other deductions that benefit the employee may be
allowed, but no deductions are allowable that reduce the wage below the contract minimum wage (Davis-Bacon wages on federal projects). After the close of the project, there is a three-year retention requirement for all project documents.
Damages could be up to $5000 and five years of jail time.
- What is Certified Payroll?In order to ensure that the construction labor workforce is paid prevailing wages for their work, contractors must enter project payroll data into CDOT's LCPtracker system on a weekly basis, and then certify that the data entered is compliant with federal labor regulations. Contractors must also submit the Contractor Fringe Benefit Statement (updated 2021) for each employee via LCPtracker, and benefits must be expressed as a dollar amount per hour. Benefits required by law are not eligible for consideration in the Fringe Benefits (e.g., Social Security, Affordable Care Act, and Workers' Compensation).
- Who is Required to Report Certified Payrolls?Every contractor working on a CDOT job is responsible for entering and certifying weekly payroll while actively on the project. The prime contractor is then responsible for reviewing and approving all data entered by subs, and the project engineer (CDOT, consultant, or local agency) will then review and either accept or reject the payrolls for the week.
- CDOT Certified Payroll Requirements For Construction Contracts Standard Special Provision: Frequently Asked Questions - PDF document
Getting Help
If you have more detailed questions about certified payrolls, project labor compliance, or system navigation of LCPtracker, please contact your Region Civil Rights Specialist or Vanessa Urbina, CRBRC Davis-Bacon & Payroll Specialist.
