California certified payroll penalty calculator

A California certified payroll violation is not one penalty. It is four separate tracks: two multiply by the number of workers and two do not, with day rates from $40 to $300 (from $56 to $420 once SB 909 takes effect on January 1, 2027), and different triggers, different clocks, and different caps. This calculator computes each one from the statute text: the records request penalty, the eCPR furnishing penalty, the prevailing wage underpayment penalty, and the penalty for a knowing apprentice ratio violation tied to the DAS 140/DAS 142 paperwork, then tells you what the numbers are not.

Last reviewed October 16, 2026 against the sources it cites

The short answer

California has four penalty tracks: missed records requests under Labor Code 1776 ($100 per worker per day), eCPR furnishing under 1771.4 ($100 per day up to $5,000 per project), underpayment under 1775 ($40 to $200 per worker per day), and knowing apprentice violations under 1777.7 (up to $100 per day, or $300 for a repeat within three years).

Labor Code section 1776(h) forfeits $100 for each calendar day, or portion of a day, for each worker once you miss the 10 day window after a written records request, with no statutory cap.
Labor Code section 1771.4(a)(3) penalizes failing to furnish certified payroll to the Labor Commissioner electronically at $100 per day in violation, not to exceed $5,000 per project, and the Labor Commissioner does not levy it until 14 days after the records were due.
Labor Code section 1775 sets the underpayment penalty at up to $200 for each calendar day for each worker paid less than the prevailing rate, with floors of $40 for a promptly corrected good faith mistake, $80 with prevailing wage penalties in the previous three years, and $120 for a willful violation, on top of the wages still owed.
Labor Code section 1777.7 sets the apprentice ratio penalty at not more than $100 for each full calendar day for a first violation and not more than $300 for a second or subsequent violation within three years, and only after the Labor Commissioner determines after investigation that the violation was knowing.
A late weekly filing does not by itself cost $100 per worker per day: the 1776 penalty starts with a written records request and a missed 10 day window, and the 1775 penalty starts with an actual underpayment, not a late filing.
SB 909 (Chapter 660, Statutes of 2026) raises the 1776(h) forfeit to $140, the 1775 maximum to $280 with floors of $56, $112, and $168, and the 1777.7 penalties to $140 and $420, starting January 1, 2027; the 1771.4 penalty does not change.

Which amounts

SB 909 (Chapter 660, Statutes of 2026) raises the Labor Code 1776, 1775, and 1777.7 amounts on January 1, 2027. The Labor Code 1771.4 eCPR penalty does not change. See what SB 909 changes.

Penalty 1: the records request (Labor Code 1776)

When an awarding body, the Labor Commissioner, or another entitled party makes a written request for your certified payroll records, you have 10 days to comply. After the 10 day period, Labor Code section 1776(h) sets a forfeit of $100 for each calendar day, or portion of a day, for each worker, until strict compliance. On the Division of Labor Standards Enforcement's request the penalties are withheld from progress payments then due. From January 1, 2027, SB 909 raises the forfeit to $140 for each calendar day, for each worker.

Workers on the project Calendar days past the 10 day window

Records request exposure so far$7,000and rising by $1,000 every calendar day until the records are produced

Formula: $100 ($140 from January 1, 2027) multiplied by workers multiplied by days past the window. No statutory cap in section 1776(h). A contractor is not penalized under this section for a subcontractor's failure.

Penalty 2: not furnishing eCPRs to the Labor Commissioner (Labor Code 1771.4)

Labor Code section 1771.4(a)(3) requires each contractor and subcontractor to furnish certified payroll records directly to the Labor Commissioner electronically, at least monthly, meaning once every 30 days while work is performed and within 30 days after the final day, or more often if the contract says so. Failing to furnish them carries a penalty of $100 per day in violation, not to exceed $5,000 per project, and the Labor Commissioner does not levy it until 14 days after the records were due.

Days in violation, after the 14 day grace Projects affected

eCPR penalty exposure$2,000capped at $5,000 per project, $5,000 across the projects entered

Formula: $100 multiplied by days, capped at $5,000 per project, multiplied by projects. SB 909 does not change this penalty. The 14 day grace runs from the date the records were required under the monthly or contract frequency.

Penalty 3: paying less than the prevailing wage (Labor Code 1775)

Labor Code section 1775 is a different penalty from the two above. It applies when a worker was actually paid less than the prevailing wage rate for the classification, not when a filing was late. Subdivision (a)(1) sets the ceiling at $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rate. The floor moves with the facts: subdivision (a)(2)(B) sets a minimum of $40 a day if the underpayment was a good faith mistake that was promptly and voluntarily corrected, $80 a day if the contractor or subcontractor was assessed prevailing wage penalties within the previous three years, and $120 a day if the Labor Commissioner determines the violation was willful. Between those floors and the $200 ceiling, subdivision (a)(2)(A) has the Labor Commissioner weigh good faith and prior record to land on a figure. None of this is instead of the wages: subdivision (a)(2)(E) still requires the contractor or subcontractor to pay each worker the difference between the prevailing rate and what was actually paid, for every day underpaid, on top of the penalty. From January 1, 2027, SB 909 raises the ceiling to $280 and the floors to $56, $112, and $168.

Workers underpaid Calendar days underpaid Circumstance

Prevailing wage penalty at this rate$30,000at $200 per worker per calendar day, plus the wages still owed

Formula: rate multiplied by workers multiplied by days. The rate you pick is a floor or the ceiling, not a fixed number; the Labor Commissioner sets the actual figure in that range based on good faith and prior record under subdivision (a)(2)(A). The wage difference itself is owed separately and is not included in this figure. See prevailing wage vs certified payroll for how the two obligations relate.

Penalty 4: apprentice ratio and DAS 140/DAS 142 noncompliance (Labor Code 1777.5 and 1777.7)

Public works contracts in apprenticeable crafts carry an apprentice to journeyman ratio under Labor Code section 1777.5, and the DAS 140 and DAS 142 forms are how a contractor documents compliance with it, covered in DAS 140 and DAS 142, explained. The civil penalty applies only where the Labor Commissioner or a designee determines, after an investigation, that a contractor or subcontractor knowingly violated section 1777.5. When it applies, Labor Code section 1777.7, subdivision (a)(1) sets it at not more than $100 for each full calendar day of noncompliance for a first violation, and not more than $300 for each full calendar day for a second or subsequent violation within three years. The Labor Commissioner assesses the penalty and can reduce it if the amount would be disproportionate to the severity of the violation, and for a first violation can order apprentice employment hours instead of a monetary penalty under subdivision (a)(2). Note the different wording from the two penalties above: this one runs on full calendar days of noncompliance, not days or portions of a day, and only once the Labor Commissioner has determined the violation was knowing.

Full calendar days of noncompliance Assessed for a 1777.5 violation in the last three years

Apprenticeship penalty exposure$2,000at $100 per full calendar day, statutory maximum

Formula: $100 per day for a first violation, $300 per day for a second or subsequent violation within three years ($140 and $420 from January 1, 2027, under SB 909), multiplied by days, and only once the Labor Commissioner has determined after investigation that the violation was knowing. Both are "not more than" figures; the Labor Commissioner can assess less. No per-project cap is stated in section 1777.7.

All four penalty tracks, at a glance

Track	Statute	Trigger	Rate through 2026	From January 1, 2027	Cap
Records request	LC 1776(h)	Miss the 10 day production window after a written request	$100 per worker per calendar day	$140	None stated
eCPR furnishing	LC 1771.4(a)(3)	Miss the electronic furnishing duty, past a 14 day grace	$100 per calendar day	No change	$5,000 per project
Prevailing wage underpayment	LC 1775(a)	Pay a worker below the prevailing determination	$40 to $200 per worker per calendar day, plus back wages	$56 to $280	None stated
Apprentice ratio, DAS 140/DAS 142	LC 1777.7(a)	A knowing violation of the apprentice ratio, determined by the Labor Commissioner after investigation	$100 per full day first violation, $300 repeat	$140 and $420	None stated

The 2027 column is from SB 909 (Chapter 660, Statutes of 2026), effective January 1, 2027.

The certified payroll deadlines that feed all four tracks, week by week, are laid out in certified payroll deadlines in California, and the full accounting of penalties plus withheld progress payments is in certified payroll penalties in California.

What these numbers are not

They are not "every late weekly filing costs $100 per worker per day." The 1776 penalty starts with a written records request and a missed 10 day window; the 1775 penalty starts with an actual underpayment, not a late filing.
They are not the only exposure. Progress payments can be withheld while records are outstanding, and a contractor found to have knowingly committed a serious violation of section 1777.5 can also lose the right to bid public work, for up to one year on a first violation and up to three years on a second or subsequent violation, under Labor Code section 1777.1.
They are not four separate bills for the same event. A single bad week of payroll might trigger one of these tracks, or none, depending on what actually happened: a late response to a records request, an underpayment, a missed apprentice dispatch, or nothing at all if the filing was simply late with no request behind it.
They are not legal advice. The statute text is linked above; an attorney applies it to your facts.

The cheaper number

A subcontractor with a 10 worker crew who lets a records request go two weeks past the window is looking at $14,000 of forfeit before anyone has discussed underpayments. Producing the records on time, from filings that were done correctly every week, costs $249 per month flat for crews up to 25 workers, or $449 a month for 26 to 50. If you are behind now, the first weekly filing is free and back filings are how most subs start with us. If you are only behind on filing, not on wages, our guide to catching up on certified payroll walks through the triage.

Questions

How much does a certified payroll violation cost a California contractor?

It depends which track applies. A missed 10 day records request under Labor Code 1776 forfeits $100 per worker per calendar day with no stated cap. A missed eCPR furnishing duty under 1771.4 costs $100 a day, capped at $5,000 per project. An actual prevailing wage underpayment under 1775 runs $40 to $200 per worker per calendar day plus the back wages owed. A knowing apprentice ratio violation under 1777.7, as determined by the Labor Commissioner after investigation, costs $100 a day for a first offense and $300 a day for a repeat. A contractor with several projects and several workers behind can be looking at five figures fast, on top of any progress payments an awarding body withholds in the meantime.

What is the certified payroll $100 per day per worker penalty?

There are two of them, and they are not the same rule. Labor Code 1776(h) forfeits $100 per worker per calendar day once you miss a 10 day deadline to produce records after a written request. Labor Code 1771.4(a)(3) sets a separate $100 per day penalty, capped at $5,000 per project, for failing to furnish certified payroll to the Labor Commissioner electronically, and that one is not multiplied by workers.

Is there a cap on certified payroll penalties in California?

Only on one of the four tracks. The eCPR furnishing penalty under Labor Code 1771.4 is capped at $5,000 per project. The records request penalty under 1776, the prevailing wage underpayment penalty under 1775, and the apprentice ratio penalty under 1777.7 do not state a cap in the statute text, so they keep accruing by the day and by the worker.

What is the penalty for paying less than prevailing wage in California?

Labor Code 1775(a)(1) sets the ceiling at $200 for each calendar day, or portion of a day, for each worker paid less than the prevailing rate. The floor depends on the facts: $40 a day for a promptly corrected good faith mistake, $80 a day with a prevailing wage penalty in the prior three years, and $120 a day for a violation the Labor Commissioner finds willful. The penalty is separate from, and in addition to, the wage difference the worker is still owed.

What is the penalty for missing DAS 140, DAS 142, or the apprentice ratio?

Labor Code 1777.7(a)(1) applies only when the Labor Commissioner or a designee determines, after an investigation, that a contractor or subcontractor knowingly violated the apprenticeship requirements in section 1777.5. When it applies, the civil penalty is not more than $100 for each full calendar day of noncompliance, rising to not more than $300 a day for a second or subsequent violation within three years. For a first violation the Labor Commissioner can order apprentice employment hours instead of a fine. See DAS 140 and DAS 142, explained for what the two forms are and when each is due.

Who assesses certified payroll penalties?

The Labor Commissioner assesses the prevailing wage and apprenticeship penalties under sections 1775 and 1777.7. The records request forfeit under section 1776 is collected as a penalty to the state or the political subdivision that awarded the contract, typically by withholding it from a progress payment. The discretion each statute gives is different: section 1777.7(a)(1) lets the Labor Commissioner reduce that penalty if it would be disproportionate to the violation, section 1775(a)(2)(A) instead has the Labor Commissioner set the wage underpayment figure within its $40 to $200 range based on good faith and prior record, and section 1776(h) states the $100 per worker per day forfeit as a fixed amount with no reduction language at all.

Can a certified payroll penalty be reduced or contested?

Yes, though the mechanism differs by track. Section 1777.7(a)(1) lets the Labor Commissioner reduce the apprenticeship penalty if it would be disproportionate to the severity of the violation. Section 1775(a)(2)(A) works differently: the Labor Commissioner sets the wage underpayment penalty within the $40 to $200 range based on good faith and prior record, rather than reducing a fixed amount. A contractor served a civil wage and penalty assessment has hearing rights to contest it under Labor Code section 1742. None of that changes the 10 day clock on a records request under section 1776, which is a strict compliance deadline, not a negotiated one.

Does filing certified payroll on time avoid all of these penalties?

It avoids the two paperwork tracks: a timely, complete DIR-format certified payroll record (Form A-1-131 or an equivalent format) and eCPR submission mean there is nothing to be late producing under section 1776 and nothing unfurnished under section 1771.4. It does not by itself fix a prevailing wage underpayment or an apprentice ratio shortfall; those depend on what the workers were actually paid and who was actually dispatched. Correct, on time filings are still how both of those problems get caught early, on your own record, instead of in someone else's audit.

Sources

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

records request penalty leginfo.legislature.ca.gov
Labor Code section 1771.4(a)(3) leginfo.legislature.ca.gov
Labor Code section 1775 leginfo.legislature.ca.gov
Labor Code section 1777.7 leginfo.legislature.ca.gov
SB 909 leginfo.legislature.ca.gov
Labor Code section 1777.5 leginfo.legislature.ca.gov
DAS 140 dir.ca.gov
DAS 142 dir.ca.gov
Labor Code section 1777.1 leginfo.legislature.ca.gov
Labor Code section 1742 leginfo.legislature.ca.gov
DIR-format certified payroll record (Form A-1-131 or an equivalent format) dir.ca.gov