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Run the Payroll Fee Auditor →Blog · Payroll Management · Construction
Construction Companies: Payroll Compliance Guide (2026)
Payroll compliance for construction companies rests on the federal rules that reach this industry specifically, 4 of which are cited on this page, plus the deposit and filing duties every employer carries. BEG runs construction company payroll for $45 per employee per month inside the payroll software you already use, all-inclusive, live in 3 to 5 business days.
The rules that reach construction companies specifically
A construction business with two or more employees and $500,000 or more in annual gross sales is covered by the FLSA, and individual employees whose work involves interstate commerce are covered regardless of the employer's sales. Overtime is owed after 40 hours in each workweek; paying overtime only after 80 hours in a biweekly period is illegal because each workweek stands alone.
DOL lists these typical construction violations: not recording work before or after the shift, shorting hours as down time or rain delay, unpaid meal breaks where the employee is not fully relieved, banking overtime as comp time, failing to combine hours worked in more than one job classification in the same workweek, and not paying for travel from the shop to the work site and back.
Non-management construction workers such as carpenters, electricians, plumbers, iron workers, operating engineers and laborers are blue-collar employees who cannot be classified as exempt under the FLSA white-collar exemptions no matter how highly paid. Those exemptions require a duties test and a salary of at least $684 per week.
Workers under 18 may not perform most roofing work on or about a roof (HO 16), trenching or excavation work including working in a trench more than four feet deep (HO 17), or most wrecking and demolition work (HO 15). A limited exemption from HO 16 and HO 17 exists for apprentices and student-learners who are at least 16 and enrolled in approved programs.
The duties every employer carries
Federal income tax withholding, Social Security and Medicare, FUTA, deposits on the monthly or semiweekly schedule the lookback period sets, quarterly Form 941, annual W-2s and, for construction companies paying contractors, 1099-NEC at the $2,000 threshold in force for tax years after 2025. A late deposit starts at a 2 percent failure-to-deposit penalty and climbs to 15 percent.
A contractor or subcontractor on Davis-Bacon covered work must submit certified payrolls weekly for each week in which covered work is performed, using Optional Form WH-347 or any other format, with each submission accompanied by a signed Statement of Compliance. Regular payrolls and basic records must be preserved for at least 3 years after all work on the prime contract is completed.
The rules behind this page, with sources
General information, not legal advice. Every rule below was read on the agency page linked next to it.
- A construction business with two or more employees and $500,000 or more in annual gross sales is covered by the FLSA, and individual employees whose work involves interstate commerce are covered regardless of the employer's sales. Overtime is owed after 40 hours in each workweek; paying overtime only after 80 hours in a biweekly period is illegal because each workweek stands alone. [DOL Fact Sheet #1]
- DOL lists these typical construction violations: not recording work before or after the shift, shorting hours as down time or rain delay, unpaid meal breaks where the employee is not fully relieved, banking overtime as comp time, failing to combine hours worked in more than one job classification in the same workweek, and not paying for travel from the shop to the work site and back. [DOL Fact Sheet #1]
- Non-management construction workers such as carpenters, electricians, plumbers, iron workers, operating engineers and laborers are blue-collar employees who cannot be classified as exempt under the FLSA white-collar exemptions no matter how highly paid. Those exemptions require a duties test and a salary of at least $684 per week. [DOL Fact Sheet #17P]
- Workers under 18 may not perform most roofing work on or about a roof (HO 16), trenching or excavation work including working in a trench more than four feet deep (HO 17), or most wrecking and demolition work (HO 15). A limited exemption from HO 16 and HO 17 exists for apprentices and student-learners who are at least 16 and enrolled in approved programs. [DOL Fact Sheet #43]
- A contractor or subcontractor on Davis-Bacon covered work must submit certified payrolls weekly for each week in which covered work is performed, using Optional Form WH-347 or any other format, with each submission accompanied by a signed Statement of Compliance. Regular payrolls and basic records must be preserved for at least 3 years after all work on the prime contract is completed. [29 CFR 5.5(a)(3)]
Read the full guide to the payroll compliance library, and the rest of the construction company payroll library.
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Frequently Asked Questions
Construction company compliance: DOL Fact Sheet #1
A construction business with two or more employees and $500,000 or more in annual gross sales is covered by the FLSA, and individual employees whose work involves interstate commerce are covered regardless of the employer's sales. Overtime is owed after 40 hours in each workweek; paying overtime only after 80 hours in a biweekly period is illegal because each workweek stands alone.
Construction company compliance: DOL Fact Sheet #1
DOL lists these typical construction violations: not recording work before or after the shift, shorting hours as down time or rain delay, unpaid meal breaks where the employee is not fully relieved, banking overtime as comp time, failing to combine hours worked in more than one job classification in the same workweek, and not paying for travel from the shop to the work site and back.
Construction company compliance: DOL Fact Sheet #17P
Non-management construction workers such as carpenters, electricians, plumbers, iron workers, operating engineers and laborers are blue-collar employees who cannot be classified as exempt under the FLSA white-collar exemptions no matter how highly paid. Those exemptions require a duties test and a salary of at least $684 per week.
What does managed payroll cost for a construction company?
$45 per employee per month, all-inclusive, inside the payroll software you already use, with no monthly minimum. Prevailing wage compliance, certified payroll and union vs non-union are configured at setup, not billed as add-ons.
Related Resources
Anthony leads payroll solutions at Business Executive Group, a national managed payroll firm serving businesses across industries including Construction Companies. BEG manages payroll at $45 PEPM, all-inclusive, with deep expertise in compliance, multi-state filing, and industry-specific payroll requirements. Get instant pricing at beghr.com.
Authoritative source: U.S. Department of Labor: Wage and Hour Division
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