What the rules say
- Federal (Davis-Bacon): 29 CFR 5.5(a)(3)(ii)(A) requires contractors and subcontractors to submit certified payrolls "for each week in which any" covered work is performed. It says nothing that requires a payroll for a week without work.
- HUD's Davis-Bacon handbook (4-3.C) spells it out: no report is needed for weeks without on-site work, as long as payrolls are numbered sequentially or you've told the agency in writing that your work is suspended.
- Your contract and agency can ask for more. Many state DOTs, local agencies and prime contractors require a no-work payroll so the sequence has no holes. Their instructions win.
- California public works: report a no-work week to DIR as a Statement of Non-Performance (see below).
When to send one
| Situation | No-work payroll? |
|---|---|
| Agency or prime asks for weekly payrolls including gaps | Yes, every week from your first week on site until your final payroll |
| Payrolls numbered in sequence, agency doesn't ask for gap weeks | Usually not required federally; the sequence shows nothing is missing |
| Work stopped for weeks or months (weather, design change) | Send written notice that work is suspended, or keep sending no-work payrolls |
| Before your first day on site | No. Payrolls start with the first week you work on the project |
| After your final payroll | No. Mark the last week worked as final and stop |
| California public works with no work that week | Statement of Non-Performance if your contract or awarding body expects weekly records |
How to fill a no-work WH-347
- Header: project name and number, your business name and address, prime or subcontractor, wage determination number and the week ending date.
- Payroll number: the next number after your last payroll. If your last was No. 6, this is No. 7.
- Page 1 body: no workers. Write "NO WORK PERFORMED DURING THIS WEEK" across the worker area. The generator prints this for you.
- Page 2: the certifying official signs and dates it as usual. With nobody paid, the apprentice and fringe tables stay blank or "N/A".
- Final payroll box: leave it unticked, unless your last working week has already passed and the agency wants a closing payroll.
Numbering, worked through
A subcontractor works weeks 1–3, has two weeks off while another trade finishes, and works weeks 6–7.
| Week ending | On site? | Payroll No. (gaps reported) | Payroll No. (gaps skipped) |
|---|---|---|---|
| Mar 7 | Yes | 1 | 1 |
| Mar 14 | Yes | 2 | 2 |
| Mar 21 | Yes | 3 | 3 |
| Mar 28 | No | 4 (no work) | — |
| Apr 4 | No | 5 (no work) | — |
| Apr 11 | Yes | 6 | 4 |
| Apr 18 | Yes | 7, final | 5, final |
Either way, a reviewer can see there's no missing payroll. Don't mix the two methods on one project.
California: Statement of Non-Performance
In DIR's eCPR XML, a no-work week is a payroll with statementOfNP set to true and no employee records; DIR's XML guidelines say employee information "is not added" in that case. DIR's FAQ also lets you file a Statement of Non-Performance to replace a payroll that was submitted in error for a week with no work. Each contractor and subcontractor submits its own records directly to the Labor Commissioner, at least monthly. Tick "no work" in the generator and the eCPR XML comes out as a Statement of Non-Performance (Pro).
Common mistakes
- Skipping a number. A missing No. 5 looks like a missing payroll. If you don't report gap weeks, number the next working week straight after the last one.
- A no-work payroll with hours on it. If anyone worked, even a few hours of cleanup, it's a regular payroll.
- Unsigned no-work payrolls. It's still a certified payroll; page 2 must be signed.
- No notice of a long stop. Without no-work payrolls or written notice, a long gap invites questions.
Sources
- 29 CFR 5.5(a)(3): payrolls and basic records
- HUD Handbook 1344.1, chapter 4: payroll reports (4-3.C, 4-11.C)
- DIR: FAQ on certified payroll reporting
This page explains common practice as of November 2026 and is not legal advice. Your contract and the agency's instructions govern.
Related guides
- What is certified payroll?
- How to fill out the WH-347, field by field
- Certified payroll for subcontractors
- Apprentice rates and ratios
Questions
Do I need a payroll for a week with no work?
Not under the federal rule itself, if your numbering is sequential or you've given written notice of suspension. Many contracts and primes require one anyway.
Does a no-work week get a payroll number?
Yes, if you submit one: the next number in sequence.
Do I sign a no-work payroll?
Yes. It's a certified payroll like any other.
What about a week with only a few hours?
That's a regular payroll with those workers and hours, not a no-work payroll.