§104-3  Payrolls and payroll records.  (a) Every contract subject to this chapter and the specifications for thosecontracts shall contain a provision that a certified copy of all payrolls and acertified copy of a fringe benefit reporting form supplied by the department orany certified form that contains all of the required fringe benefit informationshall be submitted weekly to the governmental contracting agency for review. The fringe benefit reporting form shall itemize the cost of fringe benefits paidby 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 generalcontractor or subcontractor.

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

(b)  Payroll records for all laborers andmechanics working at the site of the work shall be maintained by the generalcontractor and the general contractor's subcontractors, if any, during thecourse of the work and preserved for a period of three years thereafter.  Therecords shall contain the name of each employee, the employee's correctclassification, rate of pay, the itemized fringe benefit reporting formpursuant to subsection (a), daily and weekly number of hours worked, deductionsmade, and actual wages paid.

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

(1)  Fails to make payroll records accessible withinten days;

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

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

shall be assessed a penalty as provided in section104-22(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]