Salary workers on Certified Payroll

[AmIDoingThisRight]

Are salary workers required to be on "Certified Payrolls"? I've seen no, I've heard yes. The DoL website doesn't say and the FAR/DFARS only mentions they're required. Any help with reference would be appreciated. Also, it's for training purposes, so most accurate info is desired (not the good ole "it depends").

[C Culham]

2 hours ago, AmIDoingThisRight said:

Are salary workers required to be on "Certified Payrolls"? I've seen no, I've heard yes. The DoL website doesn't say and the FAR/DFARS only mentions they're required. Any help with reference would be appreciated. Also, it's for training purposes, so most accurate info is desired (not the good ole "it depends").

It actually does "depend".  "Covered employees" are to be reported on payrolls.  None covered employees are the like of executive, administrative and clerical.   Covered employees might be paid a salary but then math is involved to determine if the salary meets the required wage and even fringes if fringes are being paid in "cash" as part of the salary.   Also a non-covered employee might be considered "covered" depending on the work they might perform and if that work is more than 20% of their work week.   Example clerk goes out and is laborer for part of the week because laborer Jane Doe did not show up and the job site needed somebody.

The answer you seek as an explicit one is buried in the details of what I presume you are asking about - Davis Bacon.  I might add the FLSA carries requirements for payroll records too.   On this note read the details and understand covered, not covered and even exceptions with regard to Davis Bacon.

Here is a document that might help - https://www.dol.gov/agencies/whd/field-operations-handbook/Chapter-15

 

[Jacques]

@C Culham has it exactly right.  I assume we're talking about the "Payrolls and Basic Records" clause at FAR 52.222-8.  If so, the definition of "laborer or mechanic" at 29 CFR 5.2(m) (and repeated at FAR 22.401) is the place to look.