NJ certified payroll vs the federal WH-347 when a job has both

This page compares New Jersey's Prevailing Wage Act and NJDOL's public works FAQ (undated) with 29 CFR 5.5 and 29 CFR 3.4, both current to November 3, 2026, and DOL's WH-347 instructions page.

Last reviewed November 5, 2026 against the sources it cites

The short answer

Both can apply to one job. New Jersey wants payroll within 10 days of the date wages were paid, while federal rules want it within 7 days after the regular payment date. NJDOL's FAQ says to pay the higher rate, though statutes for the housing finance agency and redevelopment authority name the federal Secretary of Labor as rate-setter on some assisted projects. NJDOL's pages do not say whether a WH-347 can stand in for the MW-562.

N.J.S.A. 34:11-56.29(b)(2) requires certified payroll records to go to the public body and to NJDOL's website each payroll period, within 10 days of the date wages were paid.
29 CFR 3.4(a) requires each federal certified payroll to be delivered within 7 days after the regular payment date of the payroll period, a shorter window than New Jersey's 10 days.
NJDOL's public works FAQ says its wage and hour office does not monitor projects covered exclusively by the Davis-Bacon Act, and that some airport and highway projects may be subject to both laws.
The same NJDOL FAQ says that where state and federal law require different rates, whichever rate is higher must be paid.
Section 5.5(a)(3)(ii)(B) makes the WH-347 optional and bars full Social Security numbers and last known addresses from weekly transmittals.
DOL's WH-347 page says legally valid electronic signatures are acceptable and photocopies or scanned copies of signatures do not satisfy the requirement.

New Jersey and federal rules side by side

Item	New Jersey	Federal (Davis-Bacon)
Where it goes	The public body awarding the contract (or the lease party), and NJDOL through the Wage Hub. Both copies are required (section 56.29(b)).	The contracting agency, or, if it is not a party to the contract, the entity that maintains the records, which sends it on (5.5(a)(3)(ii)(A)).
When	Each payroll period, within 10 days of the date wages were paid to a worker (section 56.29(b)(2)).	Weekly, for each week of covered work (5.5(a)(3)(ii)(A)), delivered within 7 days after the regular payment date of the payroll period (29 CFR 3.4(a)). That is shorter than New Jersey's 10 days.
Form	Form MW-562 (2/25), or entry or CSV upload in the Wage Hub (contractor guide, updated March 6, 2026).	Optional Form WH-347 or any other format for the payroll information (5.5(a)(3)(ii)(B)), but 29 CFR 3.3(b) calls for the Statement of Compliance in the WH-347 wording. See our WH-347 guide.
Signature	The MW-562 certification is made by someone who pays or supervises payment of the workers; NJDOL's FAQ says a principal or authorized agent certifies the payroll record. The MW-562 and the Wage Hub's online form provide for an electronic signature, but the FAQ calls for an original on the public body copy.	The Statement of Compliance, signed by the contractor, subcontractor, or agent who pays or supervises payment, by hand or with a legally valid electronic signature (5.5(a)(3)(ii)(C) and (E)).
Subcontractors	Every contractor and subcontractor submits its own payrolls to the public body; the FAQ says filing with the prime does not satisfy that duty.	The prime contractor is responsible for submitting all subcontractors' certified payrolls (5.5(a)(3)(ii)(A)).
Worker identifiers	The MW-562 has an Employee Name and Address column. The Act has NJDOL post payrolls for public viewing with only workers' addresses and Social Security numbers redacted, and entitles the public body and NJDOL to unredacted originals (section 56.29(b)).	Weekly transmittals must not include full Social Security numbers or last known addresses, telephone numbers, or email addresses. An individually identifying number, such as the last four Social Security digits, is enough (5.5(a)(3)(ii)(B)).
Records kept	The certified payroll record: two years from each date of payment (section 56.29(a)). Separately, N.J.A.C. 12:56-4.1 and 4.4 have every employer keep each employee's hours, earnings and deductions for six years, so check before discarding payroll data at two.	Certified payrolls for 3 years after all work on the prime contract is completed (5.5(a)(3)(ii)(G)).

The 7 days sits in Part 3, which covers contracts subject to Federal wage standards for construction or repair of public buildings or public works, or buildings or works financed in whole or in part by federal loans or grants (29 CFR 3.1). Your contract may add terms.

The public body copy is unclear

The MW-562 (2/25) says you must also submit the form to the appropriate public body or lessor, "either via the NJ Wage Hub or other methods."

Section 56.29(b)(3) says online submission to the department does not relieve you of submitting to the public body awarding the contract. NJDOL's public body guide (updated March 6, 2026) says contractors must submit payrolls to the public body, yet says Hub services eliminate the need for public bodies to collect and track submissions separately.

The Wage Hub FAQ covers one case: if the prime contractor does not register the project or the public body, you submit all certified payrolls to the public body, "in the same manner which was used prior to the establishment of the Wage Hub." In every case, ask the public body how it wants your payrolls.

How do you know whether both apply?

NJDOL's FAQ says some projects, such as airports and highways, may be subject to both the Davis-Bacon Act (DBA) and the New Jersey Prevailing Wage Act. Its wage and hour office "does not monitor projects which are covered exclusively by the DBA."

Federally, section 5.5(a) has agencies insert the Davis-Bacon clauses in covered construction contracts over $2,000, in full, or by reference for Federal Acquisition Regulation contracts. Under paragraph (e), the clauses and correct wage determinations apply by operation of law even if the contract omits them, unless the Administrator grants a variance, tolerance, or exemption.

NJDOT's announcement BDC24S-20 (January 28, 2025) has two contract tracks. On federal-aid projects, contractors furnish the contract's "RE" with weekly certified payrolls within 7 days of the date of payment and file Form MW-562 with the Wage Hub. On wholly state-funded projects, weekly payrolls go to the RE within 10 days of the date of payment and to the Wage Hub. Our NJDOT CR-347 guide shows which form goes where. Ask the awarding bodies which laws apply. For other states, see certified payroll requirements by state.

Which wage rate governs when both apply?

NJDOL's FAQ says that where state and federal law both apply and require different rates, "whichever rate is higher must be paid."

Separately, New Jersey's statutes name who sets the rate on projects tied to the New Jersey Housing and Mortgage Finance Agency (NJHMFA) or the New Jersey Redevelopment Authority (NJRA). The Commissioner of Labor sets the prevailing wage rate "in all cases, except" that the U.S. Secretary of Labor sets it under the Davis-Bacon Act when federal assistance is present, other than the federal tax exemption of interest on the agency's obligations. The trigger differs by statute:

NJHMFA (N.J.S.A. 55:14K-42): the agency's loan for the housing project, or the project's tenants, are the subject of direct or indirect federal assistance.
NJRA (55:19-15 and 55:19-38): the loan or other assistance the corporation or authority gives for the work, or its funds spent on the work, are the subject of direct or indirect federal assistance.

NJDOL's FAQ says NJRA, NJHMFA and other authorities must require contractors on assisted projects to pay rates "as determined by the Commissioner of Labor and Workforce Development" when they meet the definition of "public work." It does not mention the exception. Get the governing wage determination from the agency in writing, and compare both by classification before the first payroll.

Can a WH-347 stand in for the MW-562?

NJDOL's pages do not address it. The Wage Hub contractor guide, Wage Hub FAQ, and public works FAQ do not mention the WH-347.

The rule on the form, N.J.A.C. 12:60-5.1(c) (Subchapter 5, Inspection of Records), has contractors submit certified payroll to the public body or lessor "in a form satisfactory to the Commissioner." The definition of "payroll record" in N.J.A.C. 12:60-2.1 uses the same standard. Both leave the call to the Commissioner.

Federally, section 5.5(a)(3)(ii)(B) allows the WH-347 or any other format and does not mention the MW-562. Ask NJDOL, the public body, and the federal agency or the entity that keeps your payrolls. Get each answer in writing before the first due date.

Signing one payroll for two audiences

Under 5.5(a)(3)(ii), the contractor, subcontractor, or agent who pays or supervises payment signs the Statement of Compliance. DOL's WH-347 page says legally valid electronic signatures are acceptable and photocopies or scanned copies of signatures do not satisfy the requirement.

The certification is the signer's own. Paragraph (F) names civil or criminal prosecution for falsifying it. For HUD-assisted housing, see our HUD signature guide.

Steps specific to New Jersey's system

Registration. The public works FAQ lists registration under the Public Works Contractor Registration Act among a contractor's duties; see New Jersey contractor registration.
The Wage Hub project. A payroll can be added only after the project exists in the Wage Hub (contractor guide), and NJDOL's April 14, 2026 update says subcontractors can no longer add themselves directly to a project; a general contractor must add them. See our Wage Hub guide.

Help with your project

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Questions

Does a Davis-Bacon job in New Jersey still go through the Wage Hub?

If the Prevailing Wage Act also covers it, yes: section 56.29(b) requires submission to NJDOL online and to the public body.

Can I submit a WH-347 instead of the MW-562?

NJDOL's pages do not address it. Ask NJDOL and the public body, and keep the answers in writing.

Which deadline do I follow, 10 days or 7?

Plan around the shorter one. New Jersey allows 10 days from the date wages were paid (section 56.29(b)(2)), and the federal rule requires delivery within 7 days after the regular payment date (29 CFR 3.4(a)). The copies may go to different bodies, so ask who expects what and when. Already behind? See late or missed New Jersey certified payroll.

Can I sign electronically?

On the federal side, yes, if it is a legally valid electronic signature. The MW-562 allows one, but NJDOL's FAQ calls for an original on the public body copy, so ask the public body.

Sources

Every figure on this page links to its source where it first appears. The full list, in order: