The short version
Weekly certified payroll, under oath, to the public body
- Law: Pennsylvania Prevailing Wage Act (43 P.S. 165-1 and following) and 34 Pa. Code chapter 9, subchapter E [34 Pa. Code ch. 9]
- Agency: Department of Labor & Industry, Bureau of Labor Law Compliance
- How often: Every week, plus a final statement at the end of the work
How to file certified payroll in Pennsylvania
- Each contractor and subcontractor "shall file a statement each week and a final statement at the conclusion of the work... with the contracting agency, under oath" [34 Pa. Code 9.103(12)].
- L&I's form is LLC-25, Weekly Payroll Certification for Public Works Projects, with a Certified Statement of Compliance on page 2. Per the form, notarization is completed on the first and last submissions only; everything else is completed weekly [LLC-25].
- Pay workers at least once a week [34 Pa. Code 9.103(6)].
What goes on it
Records include each worker's name, address, Social Security number, classification, and daily hours by calendar date, with time cards and apprentice indentures. Keep them 2 years and make them available in Pennsylvania within 7 days of a written request [34 Pa. Code 9.109].
Overtime
L&I points to the Pennsylvania Minimum Wage Act for overtime over 40 hours a week at 1.5 times the regular rate, where the regular rate includes cash paid in lieu of fringe benefits; bona fide fringe contributions are excluded [L&I FAQ]. Note this differs from the federal rule, which leaves cash fringe out of the overtime rate.
Apprentices
Apprentices must be registered with the Pennsylvania Apprenticeship and Training Council, and their number is limited by the registered program. A worker using the tools of a craft who does not qualify as an apprentice must be paid the journeyman rate [34 Pa. Code 9.102, 9.103(9)].
Penalties for late or wrong payrolls
- Intentional violations can bring debarment from public works for 3 years, back wages, termination from the project and criminal penalties [L&I FAQ].
- A false sworn payroll statement is a misdemeanor punishable by a fine of up to $2,500, up to 5 years in prison, or both [34 Pa. Code 9.110(c)].
Federal projects in Pennsylvania
Pennsylvania's act excludes projects where federal prevailing wages apply and the cost exceeds $2,000, so a federally funded project is usually Davis-Bacon only: the weekly federal certified payroll (WH-347) goes to your prime or agency. Check your contract for the determinations it lists.
For the federal side, see how to fill out the WH-347 and the Pennsylvania Davis-Bacon rates by county.
Forms and official links
- LLC-25, Weekly Payroll Certification for Public Works Projects (PDF)
- LLC-26, prevailing wage poster (PDF)
- L&I prevailing wage page
Frequently asked questions
Does Pennsylvania's form need to be notarized every week?
Does the Pennsylvania act apply to federally funded projects?
Can LevelWage file my Pennsylvania payroll for me?
Sources
- PA L&I: Prevailing wage
- PA L&I: Prevailing wage FAQ
- 34 Pa. Code chapter 9, subchapter E
- PA L&I: Form LLC-25 (PDF)
LevelWage prepares reports for your review. This page explains the rules in plain words; it is not legal advice. When a rule matters to a decision, read the source and your contract.