Do You Need to Submit Certified Payroll When No Work Is Performed?

Do You Submit Certified Payroll When No Work Is Performed?

Yes, in many cases, you submit a certified payroll no work performed report for any week the project is open but no one worked. Federal Davis-Bacon rules require weekly certified payroll for each week covered work happens. Many contracts, awarding agencies, and prime contractors go further and require a signed no-work statement for idle weeks too.

No hours can feel like nothing to report. But a missing week looks like a missing payroll, and that can hold up progress payments.

What Is a Certified Payroll No Work Performed Report?

A certified payroll no work performed report is a signed statement telling the agency that no covered work happened on a public works project during a specific payroll week. It is also called a statement of non-performance or a no-work letter. It lists the contractor, the project, the payroll number, and the week ending date. It keeps the agency’s file complete for every week of the job.

Key point: No work performed does not always mean no report required.

When Is a No Work Performed Report Required?

A no work performed report is required whenever your contract, the awarding agency, or the prime contractor says so. Check the contract labor provisions first.

The federal rule sets the floor. Under 29 CFR 5.5, contractors submit certified payroll weekly for each week covered work is performed. Agencies and primes can add rules on top. California’s DIR eCPR system, for example, accepts a Statement of Non-Performance for weeks with no work. Some agencies also want no-work statements numbered in the same sequence as regular payrolls.

You will most likely need one when:

• The project is active but temporarily idle
• Weather, material delays, or permits pause work
• The contract requires weekly submissions no matter what

What Happens If You Skip a No-Work Week?

Skipping a required no-work week can hold up payment until the gap is fixed. Federal rules let an agency suspend payments when a contractor fails to submit required records. It can also lead to rejected payroll packages and extra audit requests.

How Do You File a No Work Performed Report Step by Step?

You file a no work performed report by confirming the requirement, using the right format, matching the payroll week, signing it, and saving it with your records.

Step 1: Confirm the Agency Requirement

Read the contract, the labor compliance manual, or the agency’s guidance. Some agencies want a statement every idle week. Others only want notice of a long shutdown.

Step 2: Use the Correct Form or System

Use the exact format your agency asks for. Some accept a simple signed statement. Others want a certified payroll form marked “No Work” or an entry in their online system.

Step 3: Match the Reporting Period

Cover the same payroll week you use for regular certified payroll and give it the next payroll number in sequence. Gaps in dates or numbers raise questions.

Step 4: Sign or Certify It

Sign it like a regular payroll. Federal rules accept an original signature or a legally valid electronic signature.

Step 5: Keep the Record

Store the statement with your certified payrolls. Federal rules require you to keep certified payrolls for 3 years after all work on the prime contract is finished.

To help you, eBacon generates and submits no-work letters with one click, using the same project data that builds its WH-347 form and state certified payroll reports, so a quiet week never turns into a missing one.

Which No Work Performed Report Mistakes Should You Avoid?

The most common no work performed report mistake is skipping the week because no one worked. Others include:

• Filing late after work resumes
• Assuming the prime will cover it, even though primes must collect every subcontractor’s payrolls
• Sending an informal email instead of the required form
• Combining several weeks into one statement when the agency wants one per week

What Should a No Work Performed Statement Say?

A no work performed statement names the signer, the contractor, the project, andthe payroll period, then confirms no work happened. If your agency has no form, this sample follows the shape of the WH-347 Statement of Compliance:

Date:
Payroll number:

I, (Name of signer), (Title), state that I pay or supervise the payment of the persons employed by (Contractor or subcontractor name) on the (Project name).

During the payroll period starting (Start date) and ending (End date), no work was performed on the (Project name) site.

(Signature of authorized person and title)
(Date)

Confirm the wording with your agency before you use it, and keep a copy of every statement you submit.

What Should Your Team Do Before the Next Slow Week?

Build no-work weeks into your certified payroll routine before a shutdown happens. Run your weekly checklist from the list of open certified jobs, not just the jobs with hours, so an idle job still gets a report. If work will stop for a long stretch, ask the agency whether one advance statement works or it wants one every week.

eBacon Smart Webinar Series:
Understanding the Revised WH 347 Form
a Payroll Manager’s Guide

Watch this video and learn all about the new WH-347 certified payroll form and how to complete it.

WATCH NOW

What is eBacon?

eBacon is the only construction-focused platform featuring certified payroll with a money-saving fringe trust. All-in-one software with scheduling, GPS-enabled time tracking, safety system, and inventory management for contractors with 15 to 500 employees.

How Can I See eBacon’s No-Work Letter Automation in Action?

You can see eBacon’s no-work letter automation in a free demo built around your certified payroll jobs. The eBacon Certified Payroll Reporting page shows how no-work letters, WH-347s, state reports, and agency uploads run from one system.

Book a free eBacon demo today!

Frequently Asked Questions About No Work Performed Reports

Do I have to submit certified payroll if no one worked that week?

Often, yes. Federal rules require certified payroll for weeks with covered work, and many agencies and primes also require a signed no-work statement for idle weeks. Check your contract to be sure.

Is a no work performed report the same as skipping payroll?

No. A no work performed report documents the idle week. Skipping it leaves a gap in your record that can delay payment.

Can I use the WH-347 for a no-work week?

Sometimes. The WH-347 is an optional form, and federal rules accept certified payroll in any format that includes the required information. Some agencies accept a WH-347 marked “No Work,” while others want a separate signed statement.

Who decides if a no work performed report is required?

The awarding agency, funding source, or prime contractor sets the requirement, usually in the contract labor provisions.

Do subcontractors file their own no-work statements?

Usually, yes. The prime contractor is responsible for submitting every subcontractor’s certified payrolls, so a subcontractor with an idle week typically sends its own no-work statement to the prime.

The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice. Please consult with an attorney or financial professional for advice.

Citations

• Cornell Law School LII: 29 CFR 5.5, Contract Provisions and Related Matters
• U.S. Department of Labor, Wage and Hour Division: Davis-Bacon and Related Acts
• California Department of Industrial Relations: FAQ on Certified Payroll Reporting
• Mississippi State Department of Health: Davis-Bacon Certified Payroll Guidance
• Kentucky Energy and Environment Cabinet: Contractor “No Work” Statement