Form 700-010-59 "Notification of Payroll Violation" - Florida

What Is Form 700-010-59?

This is a legal form that was released by the Florida Department of Transportation - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on February 1, 2018;
  • The latest edition provided by the Florida Department of Transportation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 700-010-59 by clicking the link below or browse more documents and templates provided by the Florida Department of Transportation.

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Download Form 700-010-59 "Notification of Payroll Violation" - Florida

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
700-010-59
CONSTRUCTION
NOTIFICATION OF PAYROLL VIOLATION
02/18
NOTIFICATION TO CONTRACTOR AND FEDERAL HIGHWAY ADMINISTRATION
(FHWA) OF NON-COMPLIANCE WITH THE WORK HOURS ACT OF 1962 AND
OTHER RELATED ACTS, REGULATION AND CONTRACT TERMS BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CONTRACTOR
Name and Address of Sub contractor
TO: Name and Address of Prime Contractor
In accordance with applicable FHWA regulations, laws, and construction contract referred to above, you are hereby notified of the
following non-compliance with their provisions and respect to payment of employees in the performance of contract work on the
following State and Federal Projects(s):
/
Financial Project
Federal Project Number
/ Contract Number
The
(Prime)
(Subcontractor) payroll listing for the week ending (
) (U.S. Department of Labor Form WH-347
(1/88) or similar form) contains the following listed violations occurring during this payroll period:
Employee’s Name
Penalty
Violation
Violation
Additional
Total Hours
*
(See Reverse Side)
(Last Name and Initials)
(Code 1 Only)
Improperly Paid
Gross Wages Due
Total
Code
Date(s) / Day(s)
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
$ 0.00
/
$ 0.00
$ 0.00
$ 0.00
(If additional space is required, attach continuation sheet) TOTALS:
________________
_______________
If a penalty has not been assessed (see above*) this is a request for additional information. A supplemental payroll must be submitted
within 20 days of the date shown below; otherwise progress payments may be withheld.
If wages and penalty have been withheld this notification of non-compliance is being transmitted to the FHWA Administrator for further
determination and review only if FDOT and Contractor cannot come to a resolution. The decision of the Division Administrator of the
FHWA or his designee is final and binding on the State of Florida Department of Transportation and Contractor alike, subject to the
Contractor’s right of appeal as set forth below. Therefore the total amount of additional wages due and penalties have been withheld
from progress or final payment on this contract pending final determination by the FHWA and/or appeal by the Contractor. Any appeal
from the finding of fact and determinations of the FHWA must be filed within 60 days from the date of the withholding of funds on this
contract. The 60 days begin with the date on which this formal notice of the withholding of funds is received by the Contractor.
The aggrieved Contractor or Subcontractor shall have the right to appeal to the Federal Highway Administrator, the Secretary of Labor,
and/or the Court of Claims. Such appeals must be submitted through the State of Florida Department of Transportation who will make
proper distribution.
Comments:
State of Florida
Date
State of Florida
Date
Department of Transportation
Department of Transportation
Resident Compliance Specialist
Resident Engineer (or designee)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
700-010-59
CONSTRUCTION
NOTIFICATION OF PAYROLL VIOLATION
02/18
NOTIFICATION TO CONTRACTOR AND FEDERAL HIGHWAY ADMINISTRATION
(FHWA) OF NON-COMPLIANCE WITH THE WORK HOURS ACT OF 1962 AND
OTHER RELATED ACTS, REGULATION AND CONTRACT TERMS BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CONTRACTOR
Name and Address of Sub contractor
TO: Name and Address of Prime Contractor
In accordance with applicable FHWA regulations, laws, and construction contract referred to above, you are hereby notified of the
following non-compliance with their provisions and respect to payment of employees in the performance of contract work on the
following State and Federal Projects(s):
/
Financial Project
Federal Project Number
/ Contract Number
The
(Prime)
(Subcontractor) payroll listing for the week ending (
) (U.S. Department of Labor Form WH-347
(1/88) or similar form) contains the following listed violations occurring during this payroll period:
Employee’s Name
Penalty
Violation
Violation
Additional
Total Hours
*
(See Reverse Side)
(Last Name and Initials)
(Code 1 Only)
Improperly Paid
Gross Wages Due
Total
Code
Date(s) / Day(s)
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
/
$ 0.00
$ 0.00
/
$ 0.00
$ 0.00
$ 0.00
(If additional space is required, attach continuation sheet) TOTALS:
________________
_______________
If a penalty has not been assessed (see above*) this is a request for additional information. A supplemental payroll must be submitted
within 20 days of the date shown below; otherwise progress payments may be withheld.
If wages and penalty have been withheld this notification of non-compliance is being transmitted to the FHWA Administrator for further
determination and review only if FDOT and Contractor cannot come to a resolution. The decision of the Division Administrator of the
FHWA or his designee is final and binding on the State of Florida Department of Transportation and Contractor alike, subject to the
Contractor’s right of appeal as set forth below. Therefore the total amount of additional wages due and penalties have been withheld
from progress or final payment on this contract pending final determination by the FHWA and/or appeal by the Contractor. Any appeal
from the finding of fact and determinations of the FHWA must be filed within 60 days from the date of the withholding of funds on this
contract. The 60 days begin with the date on which this formal notice of the withholding of funds is received by the Contractor.
The aggrieved Contractor or Subcontractor shall have the right to appeal to the Federal Highway Administrator, the Secretary of Labor,
and/or the Court of Claims. Such appeals must be submitted through the State of Florida Department of Transportation who will make
proper distribution.
Comments:
State of Florida
Date
State of Florida
Date
Department of Transportation
Department of Transportation
Resident Compliance Specialist
Resident Engineer (or designee)
700-010-59
CONSTRUCTION
04/14
VIOLATION TYPE
The violation numbers cited on the front of this form are explained below:
Violation
Violation Code Description
Violation
Code
Code
Number
Action
Formal notification
1
Time and one-half rates were not paid for work performed in excess of 40 hours
may be sent to
per week.
Federal Highway
(Wage differences and penalty* are withheld.)
Administration
(See Note Below)
3
Improper classification. Employees observed assigned to work involving classifications
other than those included on payroll listing. (Wage differences not withheld if
supplemental payroll received within 20 days.)
4
Hourly rate paid is less than minimum authorized wage rate for the classification of work
Additional
shown and included in the construction contract. (Wage differences not withheld if
Information
requested from
supplemental payroll received within 20 days.)
Contractor
5
The Certified Payroll contains mathematical errors that indicate payment, made to the
indicating
employee(s) by the Contractor for hours worked, violated the Federal-Aid labor provisions
clarification or
(Davis Bacon Act/Copeland Act) of the contract. (Wage differences not withheld if certified
correction of
violations cited
supplemental payroll correcting this infraction is received within twenty days.) Wage rate
violations shall not be issued for mathematical errors or minor computer payroll program
rounding errors that do not violate the contract Federal-Aid labor provisions. However, the
Contractor shall be notified in writing of such errors.
6
Unauthorized payroll deductions were made in violation of applicable regulations.
In accordance with
7
Other violation not listed above. (Explain in comments section on front of form, or in letter
regulations
of transmittal to Contractor.)
*NOTE:
In addition to monies withheld for wage differences, a penalty of $10.00 per violation per day that the
affected employee was not paid overtime for work performed in excess of 40 hours per week shall be
assessed for each employee within any one payroll week.
Monies withheld for wage differences under Violation Code 1 shall be returned to the Contractor upon
receipt of a supplemental certified payroll, by the District Construction Engineer's Office, citing that the
indicated payroll violations(s) has been corrected and receipt of Contractor's proof of payment for the
amount owed, with the affected employee's signature.
The decision of the Division Administrator of the FHWA or his designee is final regarding the release of
penalty monies withheld for Violation Code 1.
(Supplemental payrolls requested under Violation Codes 3 thru 7 must be forwarded to the Resident
Engineer's Office.)
*NOTE:
If wages and penalty have been withheld, this notification of non-compliance is being transmitted to the
FHWA Administrator for further determination and review only if FDOT and Contractor cannot come to a
resolution. The decision of the Division Administrator of the FHWA or his designee is final and binding on
the State of Florida Department of Transportation and Contractor alike, subject to the Contractor’s right of
appeal as set forth below. Therefore the total amount of additional wages due and penalties have been
withheld from progress or final payment on this contract pending final determination by the FHWA and/or
appeal by the Contractor. Any appeal from the finding of fact and determinations of the FHWA must be filed
within 60 days from the date of the withholding of funds on this contract. The 60 days begin with the date
on which this formal notice of the withholding of funds is received by the Contractor.
The aggrieved Contractor or Subco ntractor shall have the right of appeal to the Federa; Highway
Administrator, the Secretary of Labor, and /or the Court of Claims. Such appeals must be submitted
through the State of Florida Department o f Transportation who will make proper distribution.
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