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NYS Payroll Reporting Contractor Forms (If you get an error code keep clicking, the document will open.) Certified Payroll (PW-12) - Each contractor who works on a public work project must maintain certified payrolls and provide such payrolls, with original certifications, to the contracting agency at least once every 30 days. Payroll Certification (PW-18.1) - a form for certifying payrolls when a standard state or federal certified payroll form is not used. Important Note - Use this form ONLY for correspondence with the Bureau of Public Work. Request for a Dispensation to Work Overtime (PW-30) - No contractor is allowed to work employees more than 8 hours in a day or five days in a week, except to make up for time lost due to inclement weather during that week or the succeeding three weeks on a highway project outside of village or city limits, unless a dispensation is granted. The contractor must show a danger to the public or to the preservation of the jobsite in order for the dispensation to be granted. The form must also be signed by the contracting agency. NYS Payroll Reporting/Responding to FOIL Requests for Payroll Information This section contains information related to New York State's monthly payroll reporting requirements for public work contractors, effective November 9, 1997. NYS Payroll Reporting NYS Payroll Form NYSDOL Opinion Letter re: Payroll Reports 01-09-01 ABC Public Informer (01/16/01) - Reporting Recommendations Legislation passed the NYS Assembly and Senate in 1999, which was vetoed by Governor Pataki, which would have required that contractors report names of employees. For several years it has appeared clear that the statute only requires that a contractor provide the classifications of work; hours worked; and wages and supplements paid or provided, for each public work. We have suggested listing employees by an employee code, so that you do not report personal employee information. Federal (Davis-Bacon and HUD) owners may continue to require listing employee information. On January 4, 2001, the NYSDOL Bureau of Public Work issued an opinion letter indicating that contractors cannot redact personal employee information. If a contractor chooses to submit personal employee information on monthly submittals, we strongly recommend printing on each page: "This document shall be considered confidential and not subject to disclosure under Freedom of Information Law," accompanied by the letters above, referencing the law and court rulings. The following letters were developed to assist contractors and public owners in responding to NYS Freedom of Information Law (FOIL) requests. Submittal Letter #1 - is designed to be used with your submittals of payroll information to public owners for whom you work. Owner Letter #2 - you can provide to public owners for their use in responding to requests for payroll information. 2nd Circut Court Decision in Hopkins v. U.S.(04/01/91) - "disclosure of this information is 'clearly unwarranted'". DEDICATED TO SERVING NEW YORK'S MERIT CONTRACTOR COMMUNITY SINCE 1971 © 2005-2008 Associated Builders and Contractors, Empire State Chapter All rights reserved.