prevailing wages

Generating weekly certified payroll reports when you issue bi-weekly paychecks to your employees can be difficult unless your accounting software will accurately accrue the wages for each week – QuickBooks doesn’t have this ability and quite often this causes problems.

QuickBooks payroll tipsPayroll is one of the largest expenses that a company will have.  Most companies, when they start up, will find out what the minimum requirements for paycheck frequencies are for the state that their business resides in – earlier this week we discussed paycheck/payroll frequencies by state – and they will follow those rules.  This will work fine unless you are a contractor who makes the move to Public Works/Government Construction projects and become subject to prevailing wage laws.  This is when problems can occur.

Under the Federal Davis-Bacon and related Acts; contractors and subcontractors performing work on Federal or Federally-aided construction-type contracts are required to submit weekly payrolls.  The Copeland Act provides further/clearer requirements; indicating that contractors and subcontractors performing work on Federally financed or assisted construction contracts “furnish weekly a statement with respect to the wages paid to each employee during the preceding week”.

Obviously, contractors and subcontractors who issue their payroll on a weekly basis find the necessary information easier to obtain; therefore, making compliance of certified payroll reporting easier on the people who actually have to complete the reports.

What happens when your company is subject to the rules found in the Davis-Bacon and the Copeland Act and you issue your payroll on a bi-weekly basis?

I’m not here to tell you that you HAVE to start issuing your paychecks on a weekly basis – I’m only here to tell you what the requirements are and about what COULD happen – based on my experience; so that you can make an informed decision.

If you are lucky enough to have an accounting program that accurately accrues and distributes payroll taxes and wages based on when it is earned rather than when it is paid – you shouldn’t run into any issues when you create the certified payroll reports.  BUT, if you use QuickBooks you need to be aware that it does not have this ability and your payroll is recognized only when you actually issue the paycheck and this is where the problem with your certified payroll reports COULD begin.

Each certified payroll report has a weekly calendar section {shown below} where by day and date you enter the number of hours that each employee worked on the prevailing wage job site and the total hours that he/she spend there during the entire week.

weekly hours worked

Right click on the image to enlarge it

When you issue payroll in QuickBooks on a bi-weekly basis – you will enter the time worked for each of the two separate workweeks in two individual timesheets, for example, let’s say that your pay period ends on a Saturday:

  • Your first work week covers Sunday, December 21, 2003 through Saturday, December 27, 2003
  • Your second work week covers Sunday December 28, 2003 through Saturday, January 3, 2004
  • Your paychecks will be dated on January 7, 2004

Below are the two timesheet  entries from QuickBooks:

  • Workweek 1 has 24 hours on the Prevailing Wage Job and 16 hours on a non-prevailing wage job
Timesheet Week 1

Timesheet Work Week 1 - Right click to enlarge

  • Workweek 2 has 24 hours on the Prevailing Wage Job and 16 hours on a non-prevailing wage job.
Timesheet Week 2

Timesheet Work Week 2 - Right click to enlarge

Next, we’ll look at the QuickBooks paycheck detail, you’ll see that the total number of hours are accurate for the full two weeks.

  • A total of 48 hour at $28.50 per hour for $1,368.00 in wages for the prevailing wage job
  • A total of 32 hours at $28.50 per hour for $916.00 in wages for the non-prevailing wage job
  • Total gross for the 2 week period of $2,280.00
  • Net wages for the week $1,528.33
Bi-weekly paycheck detail

Bi-weekly paycheck - right click to enlarge

When you create or run your certified payroll reports {whether is is with our Certified Payroll Solution software or using the built-in QuickBooks certified payroll report} you’ll need to generate two individual reports; one for each week.  This is what the reports will look like:

  • Week 1 – the hours are correct {24} and the rate of pay is correct {$28.50} BUT the gross amount earned This Job/All Jobs represents the FULL amounts from the bi-weekly paycheck {$1,368.00/$2,280.00} instead of $684.00 this job/ $1,140.00 All Jobs which was actually earned for this specific workweek.
Certified Payroll Report Week 1

Certified Payroll Report Week 1 - Right click to enlarge

  • Week 2 – again, the hours are correct {24} and the rate of pay is correct {$28.50} BUT the gross amount earned This Job/All Jobs represents the FULL amounts from the bi-weekly paycheck {$1,368.00/$2,280.00} instead of $684.00 this job/ $1,140.00 All Jobs which was actually earned for this specific workweek.
Certified Payroll Report Week 2

Certified Payroll Report Week 2 - Right click to enlarge

Is this wrong?  Well, sort of; the laws do indicate that payroll should be reported {therefore, issued} for the preceding week.

What can you do if you issue payroll on a bi-weekly basis?

Many of our own customers issue payroll on a bi-weekly basis, and on the Statement of Compliance {in the Remarks section} they add a note that indicates that they issue paychecks on a bi-weekly basis and while the certified payroll report accurately reflects the correct number of hours worked on the job for the specified week; gross amounts earned This Job/All Jobs, deductions {including taxes and other withholdings} and Net Pay reflect the full amounts from the single bi-weekly paycheck.

Will this statement keep you out of trouble?

Not necessarily, it all depends on the Contract Administrator and Awarding Agency.

The best thing to do, in my opinion, is to just bite the bullet and issue your payroll on a weekly basis; at least for the employees who work on the prevailing wage projects.  This may mean some additional planing and scheduling on your part, but it’s easier than having your certified payroll reports rejected and having to manually calculate the gross, taxes, deductions and net pay and resubmit the reports!

Look for similar articles next week on how a semi-monthly or monthly payroll run will affect your certified payroll reports.

I hope that you’ve found this article to be informative and helpful in making informed decisions for your business; if so please take a moment to leave a comment or to share this with others on your favorite social networking platform using the buttons below.

Payment of fringe benefits on prevailing wage jobs frequently cause a lot of confusion – such as the question submitted below from a reader.

Ask the Expert questionMy boyfriend is being told that the company he works for will be taking half his pay each week to put in a 401k HALF!!!  I wanted to know if this is legal—they say if he doesnt sign the paper he will be fired so it is mandatory.  Is this legal?  He is in construction and works for a prevailing rate.   Thank you very much – Janelle


Hi Janelle

There may be some confusion and/or miscommunication going on here and NOT knowing the full details I can only provide you with basic information.

anger and confusion over fringe benefit paymentsWhen an employee works on a prevailing wage job {rate job}, he has to be paid a specific dollar amount that is made up of two pieces – a base hourly rate of pay AND an hourly fringe benefit amount – which is usually comparable to what union employees are making.  This rate is also usually more than what he is normally paid when working on other jobs; even when he is performing the same type of work.

Companies that work on prevailing wage jobs have various ways that they can pay the fringe benefit portion:

  1. If they are a Union Shop, they MUST pay the fringe benefit amount to the Union Hall on behalf of the employee
  2. If they are a Non-Union shop {which by the sounds is the type of company your boyfriend is working for} they have the option
  • To pay the employees an hourly rate that is equal to the base rate PLUS the fringe rate {this means higher taxes for everyone}
  • To put the hourly fringe rate into a bona fide plan {like a 401k} on the employees behalf {this means LESS taxes for everyone, the money still belongs to the employee {your boyfriend} but he can’t touch it until he retires {unless there are special provisions in the plan setup}
  • To pay a portion of the FULL fringe benefit rate to a bona fide plan and then the balance in cash as part of the employees rate of pay

Yes, this is legal, and while it may “seem or feel” like the company is taking half of his paycheck, in reality he will be getting more money {even though he can’t spend it right away} when the fringe rate is put into a 401k.

More and more companies that work on prevailing wage jobs are opting to use the fringe portion of the prevailing wage to legally purchase bona fide fringe benefits, that they might otherwise not be able to afford to do, for their employees.  In addition to putting the fringe dollars into an employee 401k they may also purchase health insurance for their employees and put the balance into a Supplemental Unemployment Benefit Plan {which is then used to pay employees for short work weeks}.

I contacted my good friends Jim Proffitt of Prevailing Wage Contractors Association and Steve Kuzmack of Fringe Benefit Experts and they both feel that companies should take the fringe benefit portion of the prevailing wage and purchase health insurance, establish pension plans, and then put the balance of the fringe money into a Supplemental Unemployment Benefit Plan.

Many companies are not familiar with a Supplemental Unemployment Benefit (SUB) Plan.  Unlike a 401k or other pension plan; a SUB Plan pays you when you need it the most, while you’re not working or have missed some time. The SUB Plan can pay employees when they have a short work period, which is defined as working less than 40 hours in a week or less than 173 hours in a month.  Short work periods can be caused by layoffs, bad weather, illness, lack of work, equipment down time or any number of reasons.

If you would like more information about Supplemental Unemployment Benefit (SUB) Plans please feel free to contact Jim, Steve, or myself – indicating that you found this information on our blog.

Take a look at this article on my blog that shows the difference between paying the fringe to the employee vs. putting it into a bona-fide plan – http://blog.sunburstsoftwaresolutions.com/2011/05/25/the-benefits-of-paying-prevailing-wage-fringes-to-a-bona-fide-plan/#.Tvx9Mo7330c

I hope you found this article to be helpful, if so please take a moment to either leave a comment or share this information on your favorite social networking site – prevailing wage laws and fringe benefits can be very confusing.

Strategies for Making the Move to Public Works Construction Projects Seminar – American Subcontractors Association, San Diego branch, January 19, 2012

The current economic situation has dealt a serious blow to both homebuilders and commercial contractors and many are finding themselves make the move to Public Works construction and Prevailing Wage projects.  Make the move to Public Works construction will require planning and quite possibly a variety of changes in the way you currently run your existing construction business.

because money doesn't grow on treesJoin industry experts; Steve Kuzmack, President of Fringe Benefit Experts and Nancy Smyth, President of Sunburst Software Solutions, Inc. for an intensive 2 hour session on January 19, 2012; on strategies for lowering labor costs and complying with certified payroll reporting requirements on Federal and/or State funded construction projects.

Learn How:

  • To reduce payroll taxes and insurance premiums on your prevailing wage projects.
  • “Bona Fide” benefit plans operate and how they decrease labor costs while increasing company profits and enhance employee benefit programs.
  • You, the owner, can put more pre-tax money into your personal 401K.
  • To smooth out the wage discrepancies between Private and Public Work.
  • To save $2.00 – $4.00+ in payroll burden per man hour – based on San Diego Wage Rates.
  • Supplemental Unemployment Benefit {SUB} Plans operate – and why your field workers like them.

Learn the Pros and Cons of Paying the TOTAL Hourly Prevailing Wage Rate on Payroll:

  • Impact on your company
  • Impact on your employees

Learn About Types of “Bona Fide” Fringe Benefit Plans:

  • SUB Plan – “Field Workers Get Paid When Not Working” {Holidays, Layoffs, Reduction in Hours}
  • Pension Plan – How to Increase Owner and Staff Pre-Tax Contributions
  • Health Plan – Make Health Insurance Premiums not only Pre-Income Tax but Pre-Payroll Tax as well

Learn About Bookkeeping, Accounting & Payroll Procedures:

  • When you pay the full fringe rate as part of employees hourly rate of pay
  • When you pay the full fringe rate to one or more “bona fide” fringe benefit plans
  • When you pay a portion of the fringe benefit rate to a plan and the balance in cash

Learn About Certified Payroll Reporting Requirements:

  • What is a Certified Payroll Report?
  • How do I complete a Certified Payroll Report?
  • Are there different requirements for State and Federally funded construction projects?

If you want to get more competitive, grow your company and create more profit; then this seminar is for you.

This event will be held:

January 19, 2012 from 1:30 – 3:30 p.m. at the SMART Safety Office, 9471 Ridgehaven Ct. #C, San Diego, CA 92123.  Non-member Price $60.00.  Member Price $45.00.  Register for the event OR download a seminar flyer.

This QuickBooks payroll tip discusses underpaying employee wages and wage restitution, after paychecks have been created and cashed.

QuickBooks payroll tipsPaying your employees the correct rate of pay is one of the most critical portions of your business; and if those employees are subject to multiple pay rate or have frequent pay rate changes, ensuring that everyone is being paid the correct rate can be a tedious and potentially error prone process.

In today’s busy workplace, business owners and payroll administrators are faced with numerous challenges which sometimes result in employee wage underpayments.  Often times a wage shortage isn’t discovered until after paychecks have been created and cashed; which then requires wage restitution to the employee.

Quite often this situation puts the business owner or payroll clerk in a quandary about how to best record employee wage restitution, especially if the employees are performing work on a prevailing wage job and they must document the wage adjustment on the certified payroll reports and resubmit the reports.  Clearly documenting employee wage restitution is crucial, and can be accomplished in three fairly easy steps.

3 steps to documenting employee wage restitution/payment:

  1. In the QuickBooks Payroll Item List, create a new Hourly Wage Payroll item and name it Wage Restitution
  2. Edit the records of employees who were affected by the wage underpayment, add the adjustment payroll item to the Payroll & Compensation Info tab, with the appropriate rate of pay (the difference between what they should have been paid and what they were paid)
  3. Issue a separate paycheck, using the QuickBooks Unscheduled Payroll option, use the adjustment payroll item and enter the number of applicable hours*

*Important Note:

The best way to document a wage restitution on a certified payroll report is to display each employee twice on the report; once displaying the rate that he (she) was originally paid and a second time displaying the hourly rate of the wage adjustment.  Clearly indicate that you are submitting a corrected report by writing, in large letters, CORRECTED and highlight it using a highlighter.

—————————————————————————–

Wage underpayments can often times be caused simply because in QuickBooks there is not an automated means of updating the pay rates of all employees at once.  Wage Manager Solution, a QuickBooks integrated application, not only allows you to change the pay rates for all of your employees at once, it will also allow you to create new payroll wage items, assign it to multiple employees AND add a rate of pay….all at the same time.

Wage Manager Solution

Watch a brief (10 minute) video about how Wage Manager Solution works and download a Free Trial.

 

5 certified payroll reporting mistakes that will cause delayed payments – learn how to avoid them.

wh-347 certified payrollFilling out weekly certified payroll reports can be a time-consuming and frustrating task, especially if you complete them by hand or have to manipulate data in order to create them.  Transposition errors and other mistakes are bound to happen, no matter how careful you think you are being.  Making mistakes on certified payroll reports will lead to more frustration and you’ll  end up spending more time correcting the errors; mistakes will also put your company’s good standing in jeopardy with the General Contractor or Project Administrator.

Certified Payroll/Prevailing Wage reporting can be complex and varies by state.  Learning how to avoid the following mistakes and submit the reports properly the first time will benefit you and your company.

  1. Your reports are rejected as inadequate or incomplete – you may not have submitted the proper form or some of the required information is missing.  You’ve been told that you need to correct the forms and resubmit them by a new deadline or your company, and the General Contractor, will have to wait longer to receive payment.  Delayed payments have a negative affect on everyone’s cash flow.   The Labor Standards Clause of the final contract (and the bid package)  for each job usually provides you with a sample of the certified payroll reporting form that you will be required to submit; it will also inform you if you are required to file your reports electronically.
  2. You didn’t pay your employees prevailing wage and you didn’t submit certified payroll reports - you’ll need to make wage restitution to your employees to bring their rate of pay up to the prevailing wage rate required on the job and then you’ll need to submit ALL of the certified payroll reports within 30 days from the time that the General Contractor was notified.  Payments to both your company and the General Contractor can be delayed.  The requirement to pay prevailing wages and submit certified payroll reports is included and usually discussed in the Labor Standards Clause of the bid package and the final contract.
  3. You didn’t pay your employees the rate of pay listed in the Wage Decision – you’ll need to make wage restitution to your employees, provide proof of the wage restitution, and submit corrected certified payroll reports within 30 days from the time that the General Contractor was originally notified.  A Wage Decision is a listing of all the different Work/Trade Classification and minimum wage rates (base PLUS fringe) that must be paid to anyone performing work on the jobsite.  Some Wage Decisions cover several counties and/or types of construction (residential and commercial) and can be difficult to read – in instances such as this, the Contract Administrator may prepare a Project Wage Rate Sheet or issue a Wage Bulletin, which will only show the Work/Trade Classifications and wage rates for a specific project.  The Wage Decision is found in the Labor Standards Clause of the bid package and the final contract.
  4. Your employees Work Classifications do not match those listed on the Wage Decision – you’ll need to correctly classify your employees according to the Work/Trade Classification found on the Wage Decision, and quite possibly make wage restitution to your employees. You’ll need to provide proof of any wage restitution, if applicable, and provide corrected certified payroll reports within 30 days from the time that the General Contractor was originally notified.  Each employee must be classified and paid accordingly, based on the type of work they are performing.  If the Wage Decision doesn’t contain the correct Work Classification; a written request must be submitted.  The written request must identify the Work Classification that is missing, recommend a wage rate, and provide a description of the actual work being performed. This written request should be submitted/discussed at the bid qualification meeting.
  5. Your reports have incorrect computations, unclassified “Other Withholdings”, or do not indicate how the fringe benefit portion of the prevailing wage is paid – you will need to submit corrected reports within 30 days of the date that the General Contractor was originally notified.  While these items may seem trivial, they are all part of the requirements of certified payroll reporting.  Always check the “math” on the final reports before submitting them, for example, the Federal WH-347 certified payroll report should match the employees paycheck exactly for gross wages ALL jobs, withholdings and net wages paid for the week, even if you use a software program to generate your reports you should verify that these numbers match before you submit the reports.

Learning to avoid these mistakes is in your best interest because will you avoid extra paperwork and be paid in a timely manner.

If you are manually creating the reports or having to manipulate large amounts of data to generate the reports, you aren’t saving any time (or money) and need to automate the process in order to eliminate the transposition errors and save valuable time that could be better spent on other tasks.  I see many QuickBooks users discussing on the Intuit forums how they generate the built-in QuickBooks certified payroll report and either manually make corrections or print the report and then enter that data into a fillable Federal or State Specific certified payroll report on a weekly basis.

Make sure that you have thoroughly reviewed the Labor Standards Clause of the bid package AND the final contract package and provide your payroll administrators with the information that they need to correctly pay your employees.  If you continue to submit incorrect certified payroll reports you will be in violation of certified payroll reporting requirements and this can mean that you will be disbarred; not allowed to bid on or perform work on prevailing wage projects for up to 3 years.  Additionally, you may be passed over in favor of another company (even if you do top quality work) if you have a “checkered past” in meeting the reporting requirements.

Wage Restitution is the difference between what the employee should have been paid (base PLUS hourly fringe) and what they were paid.

If you are new to certified payroll reporting requirements, sign up for a 2-hour Certified Payroll Reporting Training webinar, $69.00 per person.

If you use QuickBooks and want to automate the entire certified payroll reporting process, request a Free 30-Day Trial of Certified Payroll Solution.

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