--- title: Do Truck Drivers Need Certified Payroll in California? url: https://wellstanding.com/guides/trucking-hauling-certified-payroll-california/ description: Ready-mix, jobsite refuse, and fill hauling can be public work in California. See which loads owe prevailing wage and certified payroll, and what to file. updated: 2026-10-16 type: guide publisher: WellStanding Certified Payroll --- # Do truck drivers need certified payroll in California? Yes, for three kinds of loads the statutes name, on contracts involving a state agency or a political subdivision. Hauling ready-mixed concrete is public work under [section 1720.9](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9), unless the contract was advertised for bid or awarded before July 1, 2016. Hauling refuse off a public works site, and hauling paving, grading, and fill materials onto one, is public work under [section 1720.3](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.3), with conditions covered below. The fill rule is for projects with a [benchmark date](https://dir.ca.gov/division/Hauling-under-Labor-Code-Section-1720.3_FAQ.pdf) on or after January 1, 2023, which is usually the bid advertisement date. DIR applies the older law to earlier projects. On a public works project over $1,000 let by contract, a covered driver is owed the prevailing wage under [Labor Code 1771](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771) and goes on the employer's certified payroll under [section 1776(a)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1776). Other loads are not named. Last reviewed October 16, 2026 against the sources it cites The short answer Yes, for three kinds of loads the statutes name, on contracts involving a state agency or a political subdivision: ready-mixed concrete delivered to a public works job ([Labor Code 1720.9](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9)), unless the contract was advertised for bid or awarded before July 1, 2016; refuse hauled off a public works site ([section 1720.3](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.3)); and paving, grading, and fill materials hauled onto a site when the driver's work is integrated into the flow process of construction (section 1720.3), for projects with a [benchmark date](https://dir.ca.gov/division/Hauling-under-Labor-Code-Section-1720.3_FAQ.pdf) on or after January 1, 2023, which is usually the bid advertisement date. Other loads are not named in those sections. - [Labor Code section 1720.3(a)(1) and (b)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.3) make hauling refuse from a public works site to an outside disposal location public work, and say refuse includes, but is not limited to, soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. - [Section 1720.3(a)(2)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.3) covers hauling paving, grading, and fill materials onto a site only if the individual driver's work is integrated into the flow process of construction, and under [DIR's hauling FAQ](https://dir.ca.gov/division/Hauling-under-Labor-Code-Section-1720.3_FAQ.pdf) DIR applies the version of the law in force before AB 1851 to projects with a benchmark date before January 1, 2023. - [Labor Code section 1720.9(a) and (d)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9) cover hauling and delivering ready-mixed concrete, at the prevailing wage for the geographic area in which the factory or batching plant is located, and under [section 1720.9(g)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9) the law does not apply to contracts advertised for bid or awarded before July 1, 2016. - A ready-mix hauler must send certified payroll to the party that engaged it and to the general contractor within five working days after the employee is paid, under [section 1720.9(f)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9). - [DIR's hauling FAQ](https://dir.ca.gov/division/Hauling-under-Labor-Code-Section-1720.3_FAQ.pdf) says any entity that employs a driver doing covered work, including a material supplier and a ready-mix hauler, must register as a public works contractor. ## Which loads are covered Sort the load first. [DIR's FAQ on hauling under section 1720.3](https://dir.ca.gov/division/Hauling-under-Labor-Code-Section-1720.3_FAQ.pdf), current as of March 21, 2023, answers the refuse and fill rows below. Both sections reach contracts involving a state agency or any political subdivision of the state. | Load and source | Covered? | DIR craft | | --- | --- | --- | | Ready-mixed concrete by mixer truck ([Labor Code 1720.9](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9)) | Yes, unless the contract was advertised for bid or awarded before July 1, 2016 | Driver, Mixer Trucks | | Refuse hauled from the site to an outside disposal location ([Labor Code 1720.3(a)(1) and (b)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.3)) | Yes | Driver (On/Off-Hauling To/From Construction Site) | | Paving, grading, and fill hauled onto the site ([Labor Code 1720.3(a)(2)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.3)) | Only if the driver's work is integrated into the flow process of construction. For projects with a benchmark date before January 1, 2023, DIR applies the pre-AB 1851 law; ask before assuming either way. | Driver (On/Off-Hauling To/From Construction Site) | | Paving, grading, and fill moved inside the jobsite (DIR hauling FAQ) | Paid the on-site Teamster rate | Teamster (Applies Only to Work on the Construction Site) | | Any other load ([Labor Code 1772](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1772)) | Not named. Ask first. | Depends on the work. Ask the awarding body. | ## Ready-mixed concrete (section 1720.9) [Section 1720.9(b)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9) defines ready-mixed concrete as concrete made at a factory or batching plant to a set recipe and delivered liquid by mixer truck for immediate incorporation into a project. Under [section 1720.9(d)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9), the rate is the prevailing wage for the geographic area in which the factory or batching plant is located, not where the job is, and [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) says deliveries that start out of state count. Per [DIR's AB 219 fact sheet](https://dir.ca.gov/ConcreteDeliveryPrevailingWage/AB_219_Fact_Sheet.html), the hauler is a subcontractor and must register with DIR. [Section 1720.9(e)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9) makes the hauler a subcontractor solely for the purposes of the public works chapter, and requires a written subcontract agreement with the party that engaged it. [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) explains that chapter as Labor Code sections 1720 to 1861. - **Contract date.** Contracts advertised for bid or awarded before July 1, 2016 are outside the law under [section 1720.9(g)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9), and [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) says that includes one advertised before that date and awarded after it. - **The whole trip.** Per [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html), covered time runs from receiving the concrete to the return, and a stop at a private jobsite on the same load does not carve it out. A drive to a different plant after the public delivery counts as the return. The same FAQ has a worked example with a public job, a second plant, a private delivery, and a third plant. It says the driver may be paid a non-prevailing rate from the time the driver reaches the second plant until the driver begins receiving concrete at the third plant for the next public load. So the whole shift is not always covered, and load tickets that show where each stretch of time falls are worth keeping. - **Paperwork.** Send a certified copy of payroll to the party that engaged you and to the general contractor within five working days after the employee is paid, with a time record each driver certifies, under [section 1720.9(f)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9). [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) says the statute sets no penalty for missing the five days. [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) also says that since September 1, 2020, ready-mix haulers submit electronic certified payroll to DIR, unless the project is exempt, in addition to the copy they send to the party that engaged them, and that the records should be organized by project. The electronic filing duty is in [section 1771.4(a)(3)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771.4), and the exemptions are in step 4 under "What a covered hauler owes" below. ## Refuse hauled off the site Section 1720.3(a)(1) makes hauling refuse from a public works site to an outside disposal location public work. Subdivision (b) says refuse includes, but is not limited to, soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. It excludes recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite before transport and are to be sold at fair market value to a bona fide purchaser. In [Case 2016-017](https://www.dir.ca.gov/OPRL/coverage/year2018/2016-017.pdf), DIR read that exclusion as limited to recyclable metals. DIR reads the list as written. In its [Highway 99 Realignment Project decision](https://www.dir.ca.gov/OPRL/coverage/year2018/2016-017.pdf) (Case 2016-017), hauling asphalt grindings and clean soil to outside locations was covered even though the grindings had value. DIR said it did not need to decide whether an outside recycling or storage facility is an outside disposal location, but added that an outside disposal location is not limited to landfills. In [Case 2018-001](https://www.dir.ca.gov/OPRL/coverage/year2019/2018-001.pdf), hauling trash off a Caltrans maintenance yard was covered only if the underlying maintenance work was covered. See our guide to [maintenance and repair work](https://wellstanding.com/guides/prevailing-wage-maintenance-and-repair-work/). DIR puts these drivers in the Driver (On/Off-Hauling To/From Construction Site) craft. For vehicles other than dump trucks, its hauling FAQ applies the Driver, Dump Trucks rates until DIR issues others. DIR's [current statewide driver list](https://www.dir.ca.gov/oprl/2026-2/PWD/C-Driver-List.htm) shows separate mixer truck and dump truck determinations. ## Fill and paving materials hauled onto the site Section 1720.3(a)(2) covers on-hauling of paving, grading, and fill materials only if the individual driver's work is integrated into the flow process of construction. Per [DIR's hauling FAQ](https://dir.ca.gov/division/Hauling-under-Labor-Code-Section-1720.3_FAQ.pdf), the Legislature added that language in AB 1851, effective January 1, 2023, in response to two 2021 California Supreme Court decisions that, its sponsor said, left on-haul trucking unclear. DIR gives no one line test. Its FAQ says the driver is covered during the delivery only if the work is integrated into the flow process of construction, and may be covered on the return trip under certain circumstances. It points to its coverage determinations. DIR uses a benchmark date, usually the bid advertisement date defined in [8 CCR 16000](https://www.dir.ca.gov/t8/16000.html). If it falls before January 1, 2023, DIR applies the law as it stood before AB 1851, even if the contract was awarded later. If you drive for a supplier, ask the general contractor in writing whether your deliveries count on that job, and keep delivery tickets that show the project. ## Loads the statutes do not name Neither section names every load. [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) lists trucking companies among the vendors in a question about registered contractors and answers that registered contractors are required for any work subject to prevailing wage. It adds that coverage is not necessarily limited to work at the construction site by those in traditional construction trades. Outside section 1720.3, [DIR's Case 2018-001](https://www.dir.ca.gov/OPRL/coverage/year2019/2018-001.pdf) says in footnote 4 that off-hauling by itself is generally not public work. It names three exceptions: the off-hauling is within or among public works sites, the public works contract specifies how or where it is done, or the off-hauling returns tools, equipment, or material to the contractor's place of business. [Labor Code section 1772](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1772) deems workers employed by a contractor or subcontractor in the execution of a public works contract to be employed upon public work. For a load you cannot place, ask the awarding body or general contractor in writing. The FAQ says awarding bodies and other interested parties can ask the Director for a formal determination. ## What a covered hauler owes 1. **Register with DIR.** [DIR's hauling FAQ](https://dir.ca.gov/division/Hauling-under-Labor-Code-Section-1720.3_FAQ.pdf) says any entity that employs a driver doing covered work must register as a public works contractor, a material supplier and a ready-mix hauler included. [Section 1725.5(f)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1725.5) excepts projects of $25,000 or less ($15,000 for maintenance). Fees are in our [registration guide](https://wellstanding.com/guides/public-works-contractor-registration-dir/). 2. **Pay the right rate.** [Section 1771](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771) requires at least the general prevailing rate of per diem wages, including the holiday and overtime rates, to be paid to all workers employed on public works projects over $1,000. It applies only to work performed under contract. Look up the craft and area in DIR's [general prevailing wage determinations](https://www.dir.ca.gov/oprl/DPreWageDetermination.htm). 3. **Keep payroll records.** [Section 1776(a)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1776) requires name, address, Social Security number, work classification, straight time and overtime hours each day and week, and actual per diem wages paid, verified by a declaration under penalty of perjury. 4. **File the eCPR.** Unless the project is exempt, [section 1771.4(a)(3)(A) to (C)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771.4) requires electronic filing at least monthly. A late filer is subject to $100 a day up to $5,000 per project, and none is levied until 14 days past the due date. [Section 1771.4(b)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771.4) lets the Labor Commissioner exempt a project from all or part of these requirements. [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) lists the exempt projects as those monitored by four legacy labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento), those covered by a qualifying project labor agreement, and small projects. If your project is $25,000 or less ($15,000 or less for maintenance), [section 1771.4(a)(4)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771.4) says an unregistered contractor need not furnish records directly to the Labor Commissioner but must keep them for at least three years after completion of the work. See [certified payroll deadlines](https://wellstanding.com/guides/certified-payroll-deadlines-california/) and [who is exempt](https://wellstanding.com/guides/who-is-exempt-from-certified-payroll-california/). 5. **Sign it.** The certification is the contractor's. See [who signs certified payroll](https://wellstanding.com/guides/who-signs-certified-payroll-california/). ## Mixed public and private loads A driver may run a public load in the morning and a private one after lunch. Keep load tickets or time records that tie each hour to a job. That is our advice, not a statutory step. For ready-mix work, [section 1720.9(f)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1720.9) requires a written time record certified by each driver for the job duties in subdivision (c), sent with the certified payroll copy. Send us the payroll export you already run. We prepare the filing and file the DIR eCPR, a person reviews every filing, and you sign the certification. First filing free. ## Questions Do truck drivers have to be on certified payroll for a California public works job?** Yes, on contracts involving a state agency or a political subdivision, if they haul ready-mixed concrete (section 1720.9, unless the contract was advertised for bid or awarded before July 1, 2016), refuse off the site (section 1720.3(a)(1)), or paving, grading, and fill materials onto the site in a way that is integrated into the flow process of construction (section 1720.3(a)(2), for projects with a benchmark date on or after January 1, 2023). Other loads are not named, so check before you assume they are out. Does a trucking company that only hauls dirt off a public works job need to register with DIR?** Yes, if its drivers do covered work. Soil is named as refuse in section 1720.3(b), and DIR's hauling FAQ says any entity that employs a driver hauling refuse from a public works site must register, unless the small project exception in section 1725.5(f) applies. What if a ready-mix hauler misses the five working day deadline?** [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) says the statute sets no penalty, that the five day rule is outside the Labor Commissioner's enforcement responsibilities, and that the consequences may be covered in the contract or agreement. The separate duty to file electronic certified payroll with DIR, unless the project is exempt, carries $100 a day up to $5,000 per project under [section 1771.4(a)(3)(B)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1771.4). Is scrap metal hauled off a public works site covered?** Not if it meets the section 1720.3(b) exclusion: recyclable metal such as copper, steel, or aluminum, separated from other materials at the jobsite before transport and to be sold at fair market value to a bona fide purchaser. [DIR's Highway 99 decision](https://www.dir.ca.gov/OPRL/coverage/year2018/2016-017.pdf) read the exclusion as limited to recyclable metals that meet those conditions. I own the truck and drive it myself. Do I go on certified payroll?** If you do covered work, [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) says an owner paid by salary, draw, or contract payments should still be able to give a name, address, and Social Security number (or a federal employer identification number if you have none), a classification, an hourly rate, hours, and estimated pay for the labor. The same FAQ counts sole proprietors and brokers responsible for the work as public works contractors. Our [owner operator guide](https://wellstanding.com/guides/owner-operator-certified-payroll/) works the method through. ## Sources Every figure on this page links to its source where it first appears. The full list, in order: 1. [section 1720.9](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1720.9) leginfo.legislature.ca.gov 2. [section 1720.3](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1720.3) leginfo.legislature.ca.gov 3. [benchmark date](https://dir.ca.gov/division/Hauling-under-Labor-Code-Section-1720.3_FAQ.pdf) dir.ca.gov 4. [Labor Code 1771](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1771) leginfo.legislature.ca.gov 5. [section 1776(a)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1776) leginfo.legislature.ca.gov 6. [Labor Code 1772](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1772) leginfo.legislature.ca.gov 7. [DIR's Public Works FAQ](https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html) dir.ca.gov 8. [DIR's AB 219 fact sheet](https://dir.ca.gov/ConcreteDeliveryPrevailingWage/AB_219_Fact_Sheet.html) dir.ca.gov 9. [section 1771.4(a)(3)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1771.4) leginfo.legislature.ca.gov 10. [Case 2016-017](https://www.dir.ca.gov/OPRL/coverage/year2018/2016-017.pdf) dir.ca.gov 11. [Case 2018-001](https://www.dir.ca.gov/OPRL/coverage/year2019/2018-001.pdf) dir.ca.gov 12. [current statewide driver list](https://www.dir.ca.gov/oprl/2026-2/PWD/C-Driver-List.htm) dir.ca.gov 13. [8 CCR 16000](https://www.dir.ca.gov/t8/16000.html) dir.ca.gov 14. [Section 1725.5(f)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1725.5) leginfo.legislature.ca.gov 15. [general prevailing wage determinations](https://www.dir.ca.gov/oprl/DPreWageDetermination.htm) dir.ca.gov ## Related - [DIR contractor registration: fees and lapse penalties](https://wellstanding.com/guides/public-works-contractor-registration-dir/) - [Who is exempt from certified payroll](https://wellstanding.com/guides/who-is-exempt-from-certified-payroll-california/) - [How often certified payroll is due](https://wellstanding.com/guides/certified-payroll-deadlines-california/) - [Prevailing wage on maintenance and repair work](https://wellstanding.com/guides/prevailing-wage-maintenance-and-repair-work/) - [Owner operators and certified payroll](https://wellstanding.com/guides/owner-operator-certified-payroll/) - [Who signs certified payroll](https://wellstanding.com/guides/who-signs-certified-payroll-california/)