§104-3  Payrolls and payroll records.  (a)  Every contract subject to this chapter and the specifications for those contracts shall contain a provision that a certified copy of all payrolls and a certified copy of a fringe benefit reporting form supplied by the department or any certified form that contains all of the required fringe benefit information shall be submitted weekly to the governmental contracting agency for review.  The fringe benefit reporting form shall itemize the cost of fringe benefits paid by the general contractor or subcontractor for:

     (1)  Health and welfare benefits;

     (2)  Pension and annuity benefits;

     (3)  Vacation benefits;

     (4)  Continuing education and training benefits; and

     (5)  Other fringe benefit costs paid by the general contractor or subcontractor.

The general contractor shall be responsible for the submission of certified copies of the payrolls of all subcontractors.  The certification shall affirm that the payrolls are correct and complete, that the wage rates contained therein are not less than the applicable rates contained in the wage determination decision of the director of labor and industrial relations attached to the contract, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed.  Any certification discrepancy found by the contracting agency shall be reported to the general contractor and the director to effect compliance.

     (b)  Payroll records for all laborers and mechanics working at the site of the work shall be maintained by the general contractor and the general contractor's subcontractors, if any, during the course of the work and preserved for a period of three years thereafter.  The records shall contain the name of each employee, the employee's correct classification, rate of pay, the itemized fringe benefit reporting form pursuant to subsection (a), daily and weekly number of hours worked, deductions made, and actual wages paid.

     (c)  The contractor shall make payroll records available for examination within ten days from the date of a written request by a governmental contracting agency, director, or any authorized representatives thereof.  Any contractor who:

     (1)  Fails to make payroll records accessible within ten days;

     (2)  Fails to provide information requested for the proper enforcement of this chapter within ten days; or

     (3)  Fails to keep or falsifies any record required under this chapter,

shall be assessed a penalty as provided in section 104-22(b). [L 1959, c 167, §1; am L Sp 1959 2d, c 1, §27; Supp, §9A-2.5; HRS §104-3; gen ch 1985; am L 1998, c 280, §1; am L Sp 2009, c 10, §1]