Payroll

Pennsylvania prevailing wage and certified payroll rules

Pennsylvania's Prevailing Wage Act covers publicly funded construction over $25,000, with rates issued per project by the Department of Labor and Industry and weekly certified payrolls filed with the public body.

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Pennsylvania has a state prevailing wage law, the Prevailing Wage Act (43 P.S. 165-1 and following). The Department of Labor and Industry (L&I) says a project must pay prevailing wages when it is construction work done under contract, paid in whole or in part with public body funds, and has an estimated total cost over $25,000. Locally funded highway and bridge projects contracted after January 1, 2014 use a higher line: they are covered only if the total cost exceeds $100,000. Contractors and subcontractors submit certified payroll to the public body every week.

Pennsylvania prevailing wage at a glance
RulePennsylvania
State lawYes, the Pennsylvania Prevailing Wage Act
General thresholdEstimated total project cost over $25,000 with public funds
Locally funded highway and bridge workOver $100,000 for projects contracted after January 1, 2014
Maintenance workNot covered, but replacement in kind (such as a roof replacement) is covered
Who sets ratesL&I Bureau of Labor Law Compliance, issued per project
Rate lookupL&I Online Prevailing Wage Application & Rate Search
Certified payrollWeekly to the public body; L&I form LLC-25, plus a final statement
RecordsKeep at least 2 years
Intentional violationDebarment from public works for 3 years

What counts as a covered project

L&I's FAQ defines covered work as construction, reconstruction, demolition, alteration, and repair other than maintenance. The cost test applies to the whole project, and a project cannot be split into pieces to get under $25,000. That catches a lot of school district and township work where an owner might be tempted to bid a roof, the HVAC, and the electrical as three small jobs.

The maintenance exemption is narrower than many people think. L&I describes maintenance as repair of existing facilities where the size, type, or extent of the facility does not change. Replacement in kind is not maintenance. So if a borough hires you to tear off and replace a $60,000 roof with the same system, that is a covered public work, not a maintenance job.

How Pennsylvania rates are set and requested

Unlike states that publish one statewide schedule, Pennsylvania issues rates project by project. The Bureau of Labor Law Compliance sets rates by job classification, craft, and county. The public body requests them through L&I's Online Prevailing Wage Application & Rate Search and should include them in the bid specifications. Contractors can use the same system's determination search to look at issued rates.

  • 120-day rule: if the contract is not awarded within 120 days of the determination date, a new rate request is needed.
  • 10-day challenge window: a challenge to a rate determination must be filed within 10 days of the specifications being published.
  • Award notice: public bodies submit the Prevailing Wage Awarding Agency Form to L&I within 5 days of award.
  • Posting: contractors and subcontractors post the rates at the site for the entire construction period and at the places they pay workers.

Price both the base rate and fringe benefits for each classification. The LLC-25 form asks for each worker's base hourly rate and the fringe amount, split between cash and contributions to bona fide plans, so your payroll system needs to track that split from day one.

Certified payroll: weekly LLC-25 filings

L&I's form is the LLC-25, Weekly Payroll Certification for Public Works Projects. It lists each worker, classification, apprentice percentage, hours each day, base rate, fringe benefits, deductions, and gross pay. The form says notarization must be completed on the first and last submissions only, and all other information must be completed weekly. The regulations at 34 Pa. Code 9.103 also call for a statement each week and a final statement at the end of the contract certifying that workers were paid in line with the contract.

Apprentices, records, and penalties

Apprentices must be in a program registered with and approved by the Pennsylvania Apprenticeship and Training Council, and their numbers are limited by that program. Anyone using the tools of a craft who does not qualify as an apprentice must be paid the journeyman rate. Keep time cards, payroll records, signed indentures for each apprentice, and the Council's approvals for at least 2 years, open to L&I and the awarding public body.

  • Back wages: payment of the prevailing wages owed.
  • Debarment: 3 years off public works projects for intentional violations.
  • Liquidated damages: possible referral to the Attorney General.
  • Criminal exposure: L&I says falsifying certified payrolls may be prosecuted as a criminal misdemeanor.

Pennsylvania versus Davis-Bacon

The Davis-Bacon Act covers federally funded or assisted contracts over $2,000 and uses federal wage determinations posted on SAM.gov. Pennsylvania starts at $25,000 (or $100,000 for locally funded roads and bridges), issues its own rates per project, and uses the LLC-25 rather than the WH-347. A job with both state and federal money can carry both sets of rules, so read the bid documents for both determinations and ask the public body which payroll format it wants.

While you are setting up a public job, also check Pennsylvania contractor license and registration rules, Pennsylvania mechanics lien and bond rights, and Pennsylvania prompt payment deadlines.

Smart Business Automator tracks hours by worker, classification, and day, records the cash and fringe split, and prepares certified payroll each week from those records. See certified payroll automation.

Frequently asked questions

What is the prevailing wage threshold in Pennsylvania?

L&I says projects with an estimated total cost over $25,000 paid in whole or part with public funds are covered. Locally funded highway and bridge projects contracted after January 1, 2014 are covered only above $100,000.

How do I get Pennsylvania prevailing wage rates?

Rates are issued per project by L&I's Bureau of Labor Law Compliance. The public body requests them through the Online Prevailing Wage Application & Rate Search, and they should appear in the bid specifications.

What certified payroll form does Pennsylvania use?

The LLC-25, Weekly Payroll Certification for Public Works Projects. It is filed weekly with the public body, and notarization is required on the first and last submissions only.

Is maintenance work exempt from Pennsylvania prevailing wage?

Yes, if it only repairs an existing facility without changing its size, type, or extent. Replacement in kind, such as replacing a roof or a sidewalk, is not maintenance and is covered.

What are the penalties for violating the Pennsylvania Prevailing Wage Act?

Back wages, a 3-year debarment for intentional violations, possible referral to the Attorney General for liquidated damages, and possible criminal charges for falsified payrolls.

Sources

  1. Pennsylvania Department of Labor and Industry: Prevailing Wage FAQs
  2. Pennsylvania Department of Labor and Industry: Prevailing Wage Projects forms and documents
  3. Pennsylvania Department of Labor and Industry: Regulations for the Pennsylvania Prevailing Wage Act (R-5)
  4. Pennsylvania Department of Labor and Industry: Form LLC-25, Weekly Payroll Certification for Public Works Projects
  5. U.S. Department of Labor, Wage and Hour Division: Construction (Davis-Bacon and Related Acts)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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