Md. Code Regs. 21.11.11.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 21.11.11.02 - Payroll Records

A. Within 14 days after the end of each payroll period, a contractor shall submit electronically to the Commissioner of Labor and Industry [and to the contracting public body] in a format approved by the Commissioner of Labor and Industry a complete copy of:

(1) The contractor's payroll records; and

(2) Each subcontractor's payroll records.

B. The Commissioner of Labor and Industry shall be responsible for providing the contractor's or subcontractor's payroll records to the contracting public body, as appropriate.

C. Form. Payroll records shall:

(1) Be submitted on the U.S. Department of Labor's Wage and Hour and Public Contracts Division Payroll Form WH-347, or its equivalent;

(2) Include either the:

(a) Certificate described in State Finance and Procurement Article, § 17-220, Annotated Code of Maryland; or

(b) Compliance certificate in Payroll Form WH-347, fully completed and executed; and

(3) Be numbered serially starting with payroll number one.

D. Contents. Each payroll record shall:

(1) Contain only information relevant to the public work project under construction;

(2) List:

(a) The name, address, and telephone number of the contractor or the subcontractor;

(b) The name, location, and project number of the job; and

(c) Each employee's:

(i) Name and social security number;

(ii) Current address, unless previously reported;

(iii) Specific work classification;

(iv) Daily straight time and overtime hours;

(v) Total straight time and overtime hours for the payroll period;

(vi) Rate of pay;

(vii) Total amount of fringe benefits and the amount of the total that is allocated toward apprenticeship; and

(viii) Gross wages;

(3) Include for each apprentice, proof that the apprentice is in an apprenticeship program:

(a) Registered with the Maryland Apprenticeship and Training Council of the Department of Labor, Licensing, and Regulation; and

(b) Approved by the Bureau of Apprenticeship and Training of the U.S. Department of Labor.

E. Payroll records are available for inspection during regular business hours at the Division of Labor and Industry.

F. Record Keeping.

(1) The Commissioner shall keep records, for 3 years, of:

(a) Restitution made to underpaid employees; and

(b) Liquidated damages assessed in accordance with State Finance and Procurement Article, §§ 17-201 -17-226, Annotated Code of Maryland.

(2) The Commissioner may not close an investigative file until confirmation of requisite payment, if any, is received.

Md. Code Regs. 21.11.11.02

Regulations .02 adopted effective October 17, 1988 (15:21 Md. R. 2469)
Regulation .02C amended effective February 9, 1998 (25:3 Md. R. 146)
Regulation .02 amended effective November 26, 2012 (39:23 Md. R. 1532)