--- title: Certified Payroll Records Request: The 10 Day Rule and What to Send url: https://wellstanding.com/guides/certified-payroll-records-request-10-days/ description: A written records request starts a 10 day clock under Labor Code 1776. What to send, what to redact, the $100 per day forfeit, and how long to keep records. updated: 2026-10-16 type: guide publisher: WellStanding Certified Payroll --- # Certified payroll records request: the 10 day rule and what to send A written request for your certified payroll records starts a 10 day clock with a forfeit at the end of it. The 10 day rule below is from [Labor Code section 1776](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1776), as amended effective January 1, 2026. Other rules on this page, including how the 10 days are counted, how long to keep records, and the separate federal duty, come from the different statutes and agency sources cited where they appear. Last reviewed October 16, 2026 against the sources it cites The short answer A written request for certified payroll records under Labor Code section 1776 starts a 10 day clock. You must file a certified copy with the requester within 10 days after receipt, or you forfeit $100 for each calendar day or portion of a day, for each worker, until strict compliance. From January 1, 2027, [SB 909](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB909) raises this to $140. - You must file a certified copy of the records with the entity that requested them within 10 days after receipt of a written request, under subdivision (d) of [Labor Code section 1776](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1776). - The day you receive the written request counts as day zero and the 10 days start running the next day, under the general rule for computing time in [Code of Civil Procedure section 12](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=12.). - Miss the 10 day period and you forfeit $100 for each calendar day or portion of a day, for each worker, until strict compliance, and on DLSE's request those penalties are withheld from progress payments then due (subdivision (h)). From January 1, 2027, SB 909 raises the $100 to $140. - A DLSE [Compliance Monitoring Unit](https://www.dir.ca.gov/t8/16460.html) review is separate from a section 1776 records request, with its own letter and its own timeline, even where the records it asks for overlap. - Section 1776 does not set a retention period, but [Labor Code 1174(d)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1174.) requires payroll records showing hours worked each day and wages paid to stay on file for not less than three years. ## Who can ask, and how - **An employee or the employee's authorized representative** can request a certified copy of that employee's own record (subdivision (b)(1)). - **The awarding body and the Division of Labor Standards Enforcement** can request certified copies of all records (subdivision (b)(2)). - **The public** can request copies, but only through the awarding body or DLSE, and the requester may have to reimburse preparation costs first (subdivision (b)(3)). The public cannot come to your office to inspect (same subdivision). A request from a general contractor for its own monitoring is a contract matter, not a section 1776 request, but treat it with the same discipline. ## A records request is not the same as a compliance audit Section 1776 covers one event: a written request for certified copies, answered within 10 days under subdivision (d). DLSE separately runs a [Compliance Monitoring Unit](https://www.dir.ca.gov/t8/16460.html) review on many public works projects, with its own letter and its own timeline, and the records it asks for can overlap with a section 1776 request without being the same demand. Treating one like the other can cost you the deadline that actually applies. If what arrived is a formal audit letter, work from [the compliance monitoring unit audit letter guide](https://wellstanding.com/guides/dir-compliance-monitoring-unit-audit-letter/) instead. This page covers the subdivision (d) request. ## The clock You must file a certified copy of the records with the entity that requested them within 10 days after receipt of a written request (subdivision (d)). When an awarding body seeks records on behalf of a public request and you miss the 10 day period, the awarding body notifies DLSE, which may request that penalties be withheld from progress payments then due (subdivision (b)(4)). The day you receive the written request counts as day zero, and the 10 days start running the next day, under the general rule for computing time in [Code of Civil Procedure section 12](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=12.). Keep the envelope or the email as proof of the receipt date. ## What "certified" means The records must show, for each worker, the name, address, social security number, work classification, straight time and overtime hours worked each day and each week, and the actual per diem wages paid (subdivision (a)). Each record must contain or be verified by a written declaration under penalty of perjury stating two things: that the information is true and correct, and that the employer has complied with sections 1771, 1811, and 1815 for the work performed (subdivision (a)(1) and (2)). Unless the records must go directly to the Labor Commissioner electronically under [section 1771.4](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771.4), they are on DLSE's forms or contain the same information, and computer printouts qualify if they carry the same information and the same verification (subdivision (c)). ## What to redact, and what not to Copies furnished to the public or to a public agency by the awarding body or DLSE are marked to prevent disclosure of an individual's name, address, and social security number; the contractor's or subcontractor's own name and address are not redacted (subdivision (e)(1)). Two exceptions to know: a multiemployer Taft-Hartley trust fund requesting records to allocate contributions gets the last four digits of the social security number, and a joint labor management committee gets the record with only the social security number masked (same subdivision). Copies of electronic certified payroll records do not satisfy requests from those two kinds of requesters; they get the DLSE form or its equivalent (subdivision (e)(2)). Agencies in the Joint Enforcement Strike Force on the Underground Economy and law enforcement investigating violations get unredacted copies on request (subdivision (f)). ## Where the records live Certified records must be available for inspection at all reasonable hours at your principal office (subdivision (b)). You must tell the awarding body where the records are kept, street address, city, and county, and give notice of any change of location within five working days (subdivision (g)). ## How long you have to keep the records Section 1776 does not set a retention period. The general California wage statute does: payroll records showing hours worked each day and wages paid must stay on file for not less than three years ([Labor Code 1174(d)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1174.)). Certified payroll records are payroll records, so the three year floor applies. Run three years from the week worked, and keep the underlying time and pay records alongside the certified copies, not just the filed form. When federal money funds the job and you also file Form [WH-347](https://www.dol.gov/agencies/whd/forms/wh347) (see [our WH-347 guide](https://wellstanding.com/guides/wh-347/)), the federal clock runs differently: records are preserved for three years after all the work on the prime contract is completed, not three years from each week worked ([U.S. Department of Labor](https://www.dol.gov/agencies/whd/government-contracts/construction/rulemaking-davis-bacon/faqs)). Keep to whichever clock runs longer. A records request can reach any week inside your retention window, including ones from a prior year. Not having a week is not a defense to the 10 day clock, it is a second problem on top of the first. If a request surfaces gaps, see [how to catch up](https://wellstanding.com/guides/behind-on-certified-payroll/). ## The forfeit Miss the 10 day period and you forfeit, as a penalty to the state or political subdivision, $100 for each calendar day or portion of a day, for each worker, until strict compliance (subdivision (h)). From January 1, 2027, SB 909 raises this to $140. See [what SB 909 changes](https://wellstanding.com/guides/sb-909-prevailing-wage-penalty-increases-2027/). On DLSE's request those penalties are withheld from progress payments then due. A contractor is not penalized under this section for a subcontractor's failure. Run your own figure on the [penalty calculator](https://wellstanding.com/tools/certified-payroll-penalty-calculator/). ## The separate duty that keeps running Independently of any request, each contractor and subcontractor furnishes certified payroll records directly to the Labor Commissioner electronically, at least every 30 days while work is performed and within 30 days after the final day, or more often if the contract says so; not furnishing them carries $100 per day up to $5,000 per project, levied only after 14 days past the due date ([Labor Code 1771.4(a)(3)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771.4)). A records request often arrives because that filing stopped. ## A 10 day plan 1. **Day 0 to 1.** Date stamp the request. Identify the requester and the project. Reply in writing acknowledging receipt and the date. Pull the project's weeks from your payroll system. 2. **Day 1 to 3.** Assemble every week requested, including no work weeks. Reconcile classifications, hours by day, rates, fringes, and deductions to what was actually paid. If weeks were never filed, this is where you find out. 3. **Day 3 to 7.** Produce the certified copies with the declaration under penalty of perjury, signed by the person with authority. Prepare a redacted set if the request came through the public path. 4. **Day 7 to 10.** Deliver by a method that proves the date. Keep a complete copy of what you sent. If any weeks are still missing, deliver what is complete on time and state in writing what follows and when. ## If you are behind Back filings are one of the most common ways subs start with us. We map your export, generate the missed weeks, and get you current before it becomes a payment problem. See [how catch up works](https://wellstanding.com/guides/behind-on-certified-payroll/). ## Questions Does a phone call from the awarding body start the clock?** Section 1776 ties the 10 days to receipt of a written notice or written request. A call is a warning that the written request is coming. Use the time. We filed everything in the GC's portal. Can we just point them there?** You still owe certified copies to the entity that requested them within 10 days. The portal upload may help you assemble them quickly, but it is not the response. Can the penalty be waived?** The statute sets the forfeit and the withholding mechanism; it does not describe a waiver. That is a question for an attorney with your facts. The reliable defense is producing the records inside the window. How long do I have to keep certified payroll records in California?** Section 1776 does not set a retention period. Labor Code 1174(d) does, for payroll records generally, at not less than three years. Treat certified payroll records the same way and keep three years running from each week worked. If federal money is in the job, the Davis-Bacon rule DOL enforces asks for three years after the entire prime contract is finished, which can be longer. Can a progress payment be withheld over a certified payroll records request?** Yes. Under subdivision (h), missing the 10 day window forfeits $100 per worker per calendar day, and on DLSE's request those penalties are withheld from progress payments then due. From January 1, 2027, SB 909 raises the $100 to $140. Under the [AB 538](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB538) mechanism in subdivision (b)(4), an awarding body handling a public request can also notify DLSE if you do not comply, which can trigger the same withholding path. What counts as a certified copy of payroll records?** A copy that shows the name, address, social security number, work classification, daily and weekly hours, and actual per diem wages for each worker, and that carries or is accompanied by the written declaration under penalty of perjury described in subdivision (a). A printout or export without that declaration is payroll data, not a certified copy. Is a DLSE compliance audit the same as a section 1776 records request?** No. A section 1776 request is a written ask for certified copies, answered within 10 days. A Compliance Monitoring Unit audit is a separate DLSE review with its own letter and timeline, even where the records it asks for overlap. Work from the letter you actually received rather than assuming one process's deadline applies to the other. ## Sources Every figure on this page links to its source where it first appears. The full list, in order: 1. [Labor Code section 1776](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1776) leginfo.legislature.ca.gov 2. [SB 909](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB909) leginfo.legislature.ca.gov 3. [Code of Civil Procedure section 12](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=12.) leginfo.legislature.ca.gov 4. [Compliance Monitoring Unit](https://www.dir.ca.gov/t8/16460.html) dir.ca.gov 5. [Labor Code 1174(d)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1174.) leginfo.legislature.ca.gov 6. [section 1771.4](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1771.4) leginfo.legislature.ca.gov 7. [WH-347](https://www.dol.gov/agencies/whd/forms/wh347) dol.gov 8. [U.S. Department of Labor](https://www.dol.gov/agencies/whd/government-contracts/construction/rulemaking-davis-bacon/faqs) dol.gov 9. [AB 538](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB538) leginfo.legislature.ca.gov ## Related - [Labor Code 1776, subdivision by subdivision](https://wellstanding.com/guides/california-labor-code-1776/) - [Penalty exposure calculator](https://wellstanding.com/tools/certified-payroll-penalty-calculator/) - [Certified payroll penalties, precisely](https://wellstanding.com/guides/certified-payroll-penalties-california/) - [Behind on certified payroll: how to catch up](https://wellstanding.com/guides/behind-on-certified-payroll/) - [Certified payroll deadlines in California](https://wellstanding.com/guides/certified-payroll-deadlines-california/)