No work performed this week? File a Statement of Non-Performance
Yes, you still file something. A week with no work on an active California public works project does not get skipped, and it does not get a payroll record with zero hours either. You file a Statement of Non-Performance for that week ending date instead, the mechanism DIR addresses directly on its own certified payroll FAQ page, under the question about a payroll mistakenly submitted for a week when no work happened (DIR, Frequently Asked Questions on Certified Payroll Reporting).
The short answer
DIR's fix for a no-work week is a Statement of Non-Performance, and filing one proactively keeps a gap week from ever becoming a mistaken submission, rather than an ordinary certified payroll with no employees listed on it. DIR's certified payroll FAQ describes only two ways to put any record into the electronic reporting system, entering it directly on the online form or uploading an XML file (DIR FAQ). A week when nobody worked uses the same system and the same week ending date as any other week. It just carries no worker rows, because there is nothing to report about wages that were not paid.
What a Statement of Non-Performance actually is
It is a record type inside DIR's electronic certified payroll reporting system, not a separate portal, a mailed form, or something you invent yourself. It carries the project and the week ending date, the same fields as any other filing, with no classifications, hours, or wages attached, since none exist for that week. On the technical side of an XML submission, the schema represents this as a single flag: DIR's own eCPR XML Guidelines state that when the payroll week is a statement of non-performance, the filer enters "true" for the <statementOfNP> element and no <employee> elements are included at all (DIR, eCPR XML Guidelines), which is covered field by field on the eCPR XML upload errors page. Filing through the online form instead of XML follows the same logic: you tell the system the week had no work, rather than typing zeroes into a set of worker rows that should not exist for that week.
| Situation | What you file |
|---|---|
| You already know a week is coming with no work on the project | WellStanding's recommended practice is a Statement of Non-Performance for that week ending date, filed proactively on the same schedule you would otherwise use, so the week never turns into a mistaken submission that needs correcting later. |
| You already submitted a real payroll for a week that turned out to have no work on it | A Statement of Non-Performance for the same week ending date. DIR's FAQ says the new statement "will take precedence over the record submitted in error," so nothing about the original filing needs to be undone (DIR FAQ). |
| A payroll for a week with real work has ordinary errors, wrong hours or wrong rates | An amended record for the same pay period, not a Statement of Non-Performance. DIR's system marks the payroll number to show the amendment, for example an original filed as 15-0 followed by an amendment filed as 15-1 (DIR FAQ). |
When you are expected to file one
The statutory floor for California certified payroll is Labor Code 1771.4(a)(3)(A): a submission at least once every 30 days while work is being performed on the project, plus one more within 30 days after the final day of work. DIR's own FAQ pushes past that floor, recommending weekly submission or a filing at the close of each payroll period as the more reliable practice (DIR FAQ). If your crew is between phases, waiting on materials, or paused for an inspection, and the project itself is still open, that gap week is exactly when a Statement of Non-Performance keeps the record continuous instead of leaving a hole an awarding body later has to ask about. The full list of clocks on a public works job is on certified payroll deadlines in California.
How to file it
- Sign in and select the project and the week ending date. This is the same first step as any other certified payroll submission, covered on how to submit certified payroll to DIR.
- Tell the system no work happened, instead of entering worker rows. On the online form, this means choosing the non-performance option rather than typing zeroes. On an XML upload, it means setting the statement of non-performance flag and leaving out employee records entirely.
- Sign it like any other week. A certified payroll record, including a non-performance one, still needs the declaration that the information is true and correct, made under penalty of perjury (Labor Code 1776(a)). That declaration is the contractor's, no matter who prepared the record.
- Keep the confirmation with the rest of that project's certified payroll records.
Fixing a payroll you filed by mistake
This is the exact case DIR's certified payroll FAQ answers on its own page: a contractor already filed a real payroll for a week, and it turns out no work actually happened that week. The fix is the same Statement of Non-Performance described above, filed for that same week ending date. There is no separate undo step, and there does not need to be one. DIR's system will not let you edit or delete a record once it has been submitted, and the new Statement of Non-Performance simply "will take precedence over the record submitted in error" (DIR FAQ).
The federal side is a separate filing
None of this changes what a federally funded project owes under the Copeland Act. The WH-347 is a weekly federal form with its own rules, required for every week in which any Davis-Bacon or Related Acts covered work is performed (29 CFR 5.5(a)(3)(ii)(A)), and a California eCPR filing, non-performance or otherwise, does not substitute for it, any more than the reverse is true. If your project carries federal money, work out the no-work-week question separately for each filing rather than assuming one answer covers both. WH-347 vs eCPR lays out which projects owe which filing and when.
Where this fits with WellStanding
We file every week your project stays open, work or no work, from the same payroll export and project list you already send us. A no-work week does not need a new export. It needs one line telling us the crew was not on site that week, and we prepare the record from there. A person reviews every filing before it goes out, and you still handle the sign off, since the certification is yours to make. First filing free, pricing on the certified payroll service page.