Certified payroll due date: when your weekly report must be delivered

On a federal Davis-Bacon job, certified payroll is weekly, and each one is due within 7 days after the regular payday for that pay period. The Department of Labor’s rule at 29 CFR 3.4 says the statement “must be delivered by the contractor or subcontractor, within 7 days after the regular payment date of the payroll period.” Your prime contractor may set an earlier cutoff, so ask for it in writing.

This guide explains where the deadline comes from, who has to deliver the report, what must go with it, and how to keep a late report from slowing your pay. It covers federal rules. State prevailing wage programs set their own schedules.

When is certified payroll due?

Two federal rules work together.

• Weekly. Under 29 CFR 5.5(a)(3)(ii), contractors and subcontractors must submit certified payrolls weekly, for each week in which covered work is performed.
• Seven days after payday. 29 CFR 3.4 sets delivery within 7 days after the regular payment date of the payroll period.

Here is a simple, illustrative example. If the regular payday for a pay period is Friday the 14th, the 7-day window runs to Friday the 21st. It starts on that payday, not on the last day of work. Check your contract for how it counts the week and the cutoff.

Who do you deliver it to?

The regulation names the recipient. If an agency representative is at the site, the statement goes to that person. If not, it goes to the agency by mail or another reliable method inside the same 7 days (29 CFR 3.4).

Subcontractors typically send theirs to the prime. The rule at 29 CFR 5.5(a)(3)(ii) says the prime contractor is responsible for submitting all certified payrolls by all subcontractors. The prime can only do that if your report reaches them first, which is why a prime may set an earlier internal deadline.

Where a federal agency is not a party to the contract, the DOL says the records go to the applicant, sponsor or owner for transmission to the agency (DOL WH-347 page).

What has to go with the report?

Each certified payroll must be accompanied by a signed Statement of Compliance (29 CFR 5.5). A properly completed certification on the back of Form WH-347 satisfies that requirement. The DOL also says legally valid electronic signatures are acceptable (DOL).

Using the WH-347 form itself is optional. The regulation says the payroll information “may be submitted using Optional Form WH-347 or in any other format desired.” An agency or prime may ask for it, or for its own portal. For who signs and what the statement means, see our guide to the Statement of Compliance.

Electronic delivery may be allowed. The rule lets a contracting agency or prime contractor “permit or require” contractors to submit certified payrolls through an electronic system (29 CFR 5.5). Some projects require a specific portal. Ask the prime or agency which one, and get your login before the first payday, not after.

What should you ask the prime before the first payroll?

Settle these early, because the regulation leaves them to the contract or the agency:

• Which day counts as the cutoff, and is it earlier than the 7-day limit?
• Which portal or format do they want, and who sets up your login?
• Should you send a “no work” report for idle weeks? The federal sources above require a weekly report for each week in which covered work is performed and do not say how to handle a week with none.
• Who is the contact if a report is rejected and needs a fix?

Put the answers in an email so you can find them later. Our WH-347 guide covers the form itself.

What happens if you are late?

The federal rule gives the agency real leverage. Under 29 CFR 5.5, if required records are not submitted, the agency may, after written notice, take action to cause the suspension of further payment, advance or guarantee of funds. Failing to submit required records on request may also be grounds for debarment action. Your subcontract may add its own consequences, so read it for language about compliance paperwork and payment. If you are also waiting on a check, see the federal 7-day prompt payment rule.

Wage violations themselves are covered in Davis-Bacon violations. Ask the agency or a labor-law professional how a specific late filing would be treated.

How do you keep the deadline from slipping?

A short routine helps more than good intentions:

1. Write down the payday, the 7-day cutoff and the prime’s earlier cutoff for each project.
2. Close the pay period, then check classifications and rates against the wage determination before you run the report.
3. Sign the Statement of Compliance the same day you finish the report.
4. Send it by the method the prime asked for, and save the proof of delivery.
5. Keep the records. The rule requires basic payroll records for at least 3 years after all work on the prime contract is complete (29 CFR 5.5).

The proof of delivery matters. If a prime says a payroll never arrived, a date-stamped email or portal receipt settles it.

Where Payrung fits

Payrung is being built to turn your payroll export into certified payroll, formatted the way each prime and agency portal wants it, so the weekly report is ready before the cutoff. It is not built yet. Join the waitlist.

This article is general information, not legal advice. Deadlines and formats depend on your contract and the agency, so check with the prime, the agency or a qualified professional.