Question

Is a broker or dispatcher required to provide the work dates, project numbers, and trucking information needed to submit certified payroll reports for a prevailing-wage project?

Answer: Excellent question. While Davis-Bacon regulations do not specifically require trucking brokers or dispatchers to provide project numbers, work dates, or other payroll reporting information, nothing prohibits them from sharing that information with truckers. Ultimately, responsibility for submitting accurate certified payroll reports rests with the contractor, including truckers and owner-operators.

When a broker or dispatcher possesses information necessary to identify Davis-Bacon-covered hauling activity, access to that information can be important for meeting payroll reporting obligations. In practice, contractors often require brokers or dispatchers to provide project-specific dispatch and delivery records through contractual provisions or project reporting requirements to support accurate compliance and reporting.

Question

In upstate New York, must truck drivers be paid prevailing wages from the time they leave home until they return home? We have received conflicting information about whether prevailing wages apply on a “port to port” basis.

Answer: I assume this question relates to New York State prevailing wage projects. Based on my review of the applicable requirements, New York prevailing wage law does not impose a blanket requirement that truck drivers be paid prevailing wages from the time they leave home until they return home.

Coverage under Article 8 depends on the specific trucking activity being performed and whether that activity is considered covered public work. Certain hauling, delivery, removal, asphalt, concrete, and on-site work activities may be covered, while other travel and delivery activities may not be. Rather than assuming all “port-to-port” time is prevailing wage time, contractors should evaluate the driver’s actual duties and consult applicable New York Department of Labor guidance.

Question

How should paid sick leave be reported on a Davis-Bacon certified payroll, and can any of the payment count toward fringe benefit requirements?

Answer: This is a really popular question that comes up fairly often, but I’m always happy to shine some light on it. Paid sick leave hours generally should not be reported as hours worked on a Davis-Bacon certified payroll because certified payroll reports are intended to reflect covered work performed during the reporting period.

However, payments made through a bona fide sick leave plan may qualify toward the Davis-Bacon fringe benefit obligation if the plan meets U.S. Department of Labor requirements for a bona fide fringe benefit program. Contractors claiming fringe credit for sick leave should maintain documentation supporting the plan, the value of the benefit, and the method used to calculate any fringe credit.

For additional guidance, please review the U.S. Department of Labor Wage and Hour Division’s Frequently Asked Questions on fringe benefits.

Have a burning question about labor compliance that you’ve been eager to ask? Submit it anonymously to our live submission form and you might just see it answered in a future entry of our monthly Ask the Expert series! You can also check out our past entries here.

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These materials are being issued with the understanding that LCPtracker is not engaged in rendering legal or other professional services and is providing these for informational purposes only. If legal, accounting, or tax expert assistance is required, the services of a competent legal, accounting or tax professional should be sought.