Current through Register Vol. 51, No. 19, September 20, 2024
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.
