User:Hoskir/Revision Request 4260

110.3.2 Errors, Omissions and Non-Compliance

When underpayment of wages is found on a certified payroll, notify the contractor of the underpayment and request a corrected copy of the payroll(s) found to be in error. The number shown on the corrected payroll must correspond with the number on the erroneous payroll and must have an indicator that the payroll is “corrected” or “amended”. The corrected copy can simply indicate the additional rate per hour that each underpaid employee has received. This can be indicated on the actual lines of the payroll next to each employee’s pay rate or can be explained in the remarks section of the statement of compliance. A new statement of compliance for the corrected payroll(s) is also needed.

For non-trivial errors, especially those that extend across multiple payrolls, or are corrections due to an investigation, audit, or other inquiry, require the contractor to provide documentation of restitution paid to each employee. Acceptable documentation includes copies of checks or paystubs for each employee. If restitution pay includes multiple weeks of payrolls, the contractor must submit a summary of each week’s underpayment per employee and the total owed to each employee.

When there is any condition or evidence that suggests that the labor laws are not being fully complied with, the resident engineer shall investigate until satisfied of lawful compliance. Investigations shall be limited in nature and cases beyond our investigative ability should be referred to the Division of Labor.

When payrolls are not submitted within 7 days and/or contain errors, the resident engineer should notify the contractor and encourage them to improve. Payrolls containing errors should be corrected and resubmitted in a timely manner. When payrolls are routinely late and there is no effort to improve on the contractors’ part, the resident engineer should withhold payment until the next regular estimate date after compliance is attained.

When a wage rate is believed to be below the contractual lawful minimum, the Division of Labor should be notified. The Division of Labor will open a complaint case at the request of MoDOT, the employee, the union, or other third party. The Division of Labor will perform an investigation and then close the complaint either as a violation or non-violation. The resident engineer should ensure a copy of all correspondence from the Division of Labor is kept in the contract files.