Certified payroll in New Jersey

The short version

How to file certified payroll in New Jersey

1. Register as a public works contractor before you bid or work [NJDOL].
2. Hold the mandatory orientation meeting for each employee on or up to three days before their first day on the project, and keep the signed MW-212S form (required since February 1, 2025; not required for employees covered by a collective bargaining agreement) [NJDOL].
3. Submit certified payroll to the public body and to NJDOL "through the secure process on its Internet website, each payroll period within 10 days of the date on which the wages were paid" [N.J.S.A. 34:11-56.29]. Filing online does not replace the copy to the public body.
4. Use form MW-562, Payroll Certification for Public Works Projects; the 2/25 version adds a "no work week" check box [NJDOL Wage Hub updates]. On the Wage Hub you need your FEIN, contractor registration number and contractor reference ID; only general contractors can add subcontractors to a project.
5. Before final payment, file a sworn statement of any wages still owed [N.J.S.A. 34:11-56.33].

What goes on it

The payroll record shows actual daily, overtime and weekly hours in each craft, gross pay, itemized deductions, net pay and fringe benefits [N.J.A.C. 12:60-2.1]. Filing your payroll with the prime does not satisfy your own duty; the copy to the public body needs an original signature [NJDOL FAQ].

Owner-operators and corporate officers who do craft work must be on the certified payroll [NJDOL FAQ]. Records are kept 2 years.

Overtime

Workers must be paid in full at least twice a calendar month [NJDOL FAQ]. For fringe credit, NJDOL divides annual plan cost by 2,000 hours, and vehicles, phones, lodging and tools cannot be credited [NJDOL FAQ].

Apprentices

Apprentices must be registered in good standing in a program approved or certified by the U.S. Department of Labor's Office of Apprenticeship. If the collective bargaining agreement sets no ratio, the maximum is one apprentice to every four journeymen; if it has no apprentice rate, pay the journeyman rate [N.J.A.C. 12:60-6].

Penalties for late or wrong payrolls

• Administrative penalties of up to $2,500 for a first violation and $5,000 for each later one, plus an administrative fee of 10 to 25 percent of back wages [N.J.S.A. 34:11-56.35, 56.36].
• Underpayment is a disorderly persons offense: $100 to $1,000 or 10 to 90 days, with each week and each worker a separate offense; stop-work orders carry $5,000 a day, and violators can be debarred for 3 years [N.J.S.A. 34:11-56.35, 56.38].

Contractor registration

Contractors and subcontractors must be registered to bid on or work on public works. Registration is $500 for one year or $750 for two, applied for online [NJDOL]. The first penalty for bidding or working unregistered can be up to $2,500 [NJDOL FAQ].

What changed recently

• Online certified payroll submission became mandatory 365 days after P.L. 2023, c.138 was enacted on August 16, 2023 [NJDOL].
• Mandatory orientation meetings started February 1, 2025 [NJDOL].
• A new MW-562 (dated 2/25) adds "no work week" check boxes; the 6/23 version is still accepted [NJDOL].

Federal projects in New Jersey

A New Jersey project with federal money can be covered by Davis-Bacon and the state act. Then you meet both: the federal weekly certified payroll (WH-347) to your prime or agency, and the state filing to the public body and the Wage Hub. Your contract lists the determinations that apply.

For the federal side, see how to fill out the WH-347 and the New Jersey Davis-Bacon rates by county.

Forms and official links

• MW-562, Payroll Certification for Public Works Projects (PDF)
• MW-212S, Mandatory Public Work Orientation (PDF)
• NJ Wage Hub
• NJDOL forms and publications