Prevailing wage vs certified payroll: the difference

Two sets of rules travel together on every public works job and get blurred together in every conversation about them. One dictates what you pay. The other proves you paid it. Failing either one, independently, can cost you the same progress payment.

The clean distinction

Prevailing wageCertified payroll
What it isThe substantive rule: minimum wage rates, by craft and locality, that must be paid on public worksThe reporting rule: the sworn weekly record proving what was actually paid
Where it comes fromWage determinations published by DIR for California work, and by the U.S. DOL under Davis-Bacon for federal workThe federal WH-347 and California's DIR eCPR filing
How you fail itPaying below the determination, misclassifying the work, mishandling fringesNot filing, filing late, filing in the wrong place, filing records that do not reconcile
What failure costsBack wages plus penalties assessed on the underpaymentWithheld payments, and the records request penalty under Labor Code 1776

The two failure modes are independent. A sub paying perfect rates with no filings has a certified payroll problem. A sub filing beautiful records of underpayment has a prevailing wage problem, and has helpfully documented it. Compliance means both.

How California wage determinations work

DIR's Office of Policy, Research and Legislation publishes prevailing wage determinations, indexed by craft and by county, at dir.ca.gov. Reading one correctly means catching five things:

  • The craft and its scope. Determinations key to the work performed, not your license or the worker's title. An electrician doing drywall hours owes drywall determination reading for those hours.
  • The county. Rates differ by locality. The determination that governs is the project's location, which is one reason our county requirement pages point at the determination lookup for each county.
  • The base rate and the fringes, separately. A determination states a basic hourly rate plus fringe benefit amounts: health and welfare, pension, vacation and holiday, training. Your obligation is the total package. You can satisfy the fringe portion with payments to bona fide plans, or pay it as cash on the check, or mix the two, and the choice changes what your certified payroll must show. Fringe handling is the single most common thing we fix during setup.
  • The dates. Determinations carry effective dates, and some include predetermined increases that raise rates mid project. Bidding a two year job on day one rates without reading the increase schedule is a classic self-inflicted wound.
  • Overtime and shift rules. The determination's daily and weekly overtime multipliers apply on top of the base structure.

Where the two rule sets meet: your filings

Certified payroll is where prevailing wage compliance becomes visible. Every line of the WH-347 and every eCPR record states a classification, a rate, hours, and fringes, and every reviewer, portal, and auditor reads those lines against the published determination. This is why we sanity check classifications and rates against the project's published determination on the filings we prepare, and why the check happens before submission rather than after a question arrives. Catching a rate drift on Friday is bookkeeping. Catching it in an audit is a liability with interest.

The questions subs actually ask

Does prevailing wage apply to my small public job?
California prevailing wage law applies to public works over statutory thresholds, and the thresholds are low enough that most real construction contracts qualify. The safe default on any public contract is to check the bid documents and the awarding body, before pricing the job.
We are open shop. Do union rates still apply?
The published determination applies regardless of union status. Determinations are frequently built from the area's collective bargaining agreements, which is why they look like union scale: paying them on public work is what the law requires of every contractor, union or not.
Can I average the fringe package across workers?
No. The obligation runs per worker, per hour, per the determination for that worker's classification. Plan contributions count per worker too, and annualization rules govern how plan payments convert to hourly credit. When fringes get complicated, this is exactly the setup conversation to have with whoever prepares your certified payroll.
Who checks any of this?
The Labor Commissioner enforces, awarding bodies monitor, unions and joint labor management committees review filings, and workers themselves can complain. Certified payroll records are the paper trail every one of them reads first, which is the practical reason the filings deserve the same care as the paychecks.

Both halves, handled

WellStanding produces your certified payroll filings from the payroll export you already run: the WH-347 with its Statement of Compliance and the validated DIR eCPR file, weekly, with classifications and rates sanity checked against the project's published determination and a person reviewing every file. First weekly filing free, flat published pricing on the home page. The wage side of the bargain, paying the determination correctly, stays yours, and our checks are built to catch the drift before it compounds.

Rates checked, filings done, first one free

Send the payroll export you already run. We turn it into the WH-347 and the DIR eCPR filing, checked by software and verified by a person. Your first weekly filing is free, before you pay us anything. $995 one time setup, then $249 per month flat.

Got it. We reply the same business day.

First filing free