§ 3-03 Wage and Supplement Required Records.
RCNY § 3-03
(a)Covered Employers must maintain Documents consisting of the following records for six years after Covered Work is performed, must preserve the records immediately when notified by the Bureau of a compliance investigation, and must produce true copies of all such records within the time requested by the Bureau after notice of the right to counsel described in 44 RCNY § 3-04(f): 1) Contracts and subcontracts for Covered Work; 2) Certified Payroll Reports for Covered Work; 3) Daily Sign-In Logs for Covered Work; 4) Weekly payroll records, registers or journals required by labor law Section 195; 5) All Documents and records concerning the cost of Health Benefits or Employee Benefits provided to Covered Workers, including but not limited to invoices, account statements, benefits remittance reports and benefits plan descriptions; and 6) All federal and state employment tax returns and filings, including but not limited to quarterly combined withholding, wage reporting, and unemployment insurance form NYS-45 returns; employers' quarterly Federal tax form 941 returns; wage and tax form W-2 statements; and miscellaneous income form 1099 statements.
(b)Each Covered Employer must maintain one weekly Certified Payroll Report for each project, contract or building on which it performs Covered Work. The Certified Payroll Report must set forth the names, addresses and trade classifications for all Covered Workers employed by the Covered Employer on the project, contract or building, as well as the hours and days of Covered Work, the hourly wage and supplement rates, and the weekly gross and net pay amounts for each Covered Worker. The Certified Payroll Report must be signed and affirmed to be true under penalties of perjury by an officer or principal of the Covered Employer.
(c)Each Covered Employer must maintain one Daily Sign-In Log for each project, contract or building on which it performs Covered Work. The Daily Sign-In Log must set forth the names, trade classifications, daily start and end times of Covered Work for, and must be signed by, each Covered Worker employed by the Covered Employer on the project, contract or building.
(d)Each Covered Employer must post a Worker Notice Poster in a prominent and accessible place at each project, contract or building on which it performs Covered Work. The Worker Notice Poster must set forth the Wages and Supplements due for the Covered Work performed on that project, contract or building.
(e)Each Independent Monitor contracted under real property tax law § 421-a(16)(c) must submit one Project Wide Certified Payroll Report to the Bureau within one year of the Completion Date for each project that involves Covered Work. The Project Wide Certified Payroll Report must attach all Contractor Certified Payroll Reports submitted to the Independent Monitor, and must be signed and affirmed to be true under penalties of perjury by the Independent Monitor, based upon a review of the information contained in the attached Contractor Certified Payroll Reports. The Project Wide Certified Payroll Report must: 1) Identify all Covered Employers that performed Covered Work on the project; 2) For each Covered Employer, set forth the completion date for its Covered Work on the project; 3) For each Covered Employer, set forth the date that its Contractor Certified Payroll Report was submitted to the Independent Monitor, or state that no Contractor Certified Payroll Report was submitted; 4) For each Covered Employer, calculate and set forth the total hours of Covered Work performed by all Covered Workers it employed on the project, based upon its Contractor Certified Payroll Report; 5) For each Covered Employer, calculate and set forth the total Wages paid for Covered Work to all Covered Workers it employed on the project, based upon its Contractor Certified Payroll Report; 6) Calculate and set forth the total hours of Covered Work performed on the project, based upon the Contractor Certified Payroll Reports; 7) Calculate and set forth the total Wages paid for all Covered Work on the project, based upon the Contractor Certified Payroll Reports; 8) Calculate and set forth the Average Hourly Wage paid for all Covered Work on the project; and 9) If the Average Hourly Wage is less than the applicable minimum average hourly wage as set forth in real property tax law § 421-a(16)(c), then calculate and set forth the aggregate amount of the deficiency for all Covered Workers on the project. (Added City Record 6/29/2018, eff. 7/29/2018)
