New York Prevailing Wage Information
GENERAL REQUIREMENTS
The State of New York established its own prevailing wage law under Articles 8 and 9 of the New York State Labor Law. The Bureau of Public Work administers Articles 8 and 9. Article 8 covers public construction and Article 9 covers building service contracts. The Bureau of Public Work issues wage schedules on a county-by-county basis. They contain the pay rates for each work classification. Under state law, all contracts between a government entity and a contractor must contain these schedules.
Under New York State prevailing wage law, contractors and subcontractors must pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract. Moreover, employers must pay the wage rate set for the locality where the work is performed. The prevailing wage regulations are applicable to all laborers, workers or mechanics employed under a public work contract.
The Commissioner of Labor enforces the prevailing wage requirements on all projects let by the state or its political subdivisions with the exception of projects let by the City of New York. For New York City public work projects, the New York City Comptroller is responsible for the enforcement of Article 8.
Prevailing Wages Set By Locality
Prevailing rates in a locality are determined by virtue of collective bargaining agreements (CBA) between bona fide labor organizations and employers of the private sector, provided that said employers employ at least 30% of workers in the same trade or occupation in the locality where the work is being performed. “Locality” means areas of the state described and defined for a trade or occupation in the current CBAs between bona fide labor organizations and employers of the private sector.
The Department of Labor utilizes the CBAs that were used in the previous year’s annual determination of prevailing rates, unless competent evidence is provided that the negotiated agreement does not cover 30% of workers in the same trade or occupation.
An employer may contest a determination by the fiscal officer. The employer must allege and prove by competent evidence that the actual percentage of workers, laborers, or mechanics covered by a CBA in the locality is below the required thirty percent.
THRESHOLD
New York State Labor Law does not require a minimum monetary threshold amount that must be met for application of prevailing wage regulations to public works projects.
TIMING AND INCREASES
The prevailing rate of wages and supplements are determined annually on July 1 of each year and are effective through June 30 (i.e., July 1, 2001 – June 30, 2002). Article 8, Section 220, subd. 5(a). Please pay particular attention to the dates above the column rates on a wage schedule for a particular occupation because these are the dates that additional adjustments become effective.
Any error corrections or updates in the annual determination will be posted to the Department’s website on the first business day of each month. Contractors are responsible for paying these updated rates retroactive to July 1st. Moreover, contractors are also responsible for payment of the newly determined rates even if the new rates are not included in the wage schedule.
OVERTIME
Employees are not permitted to work more than 8 hours a day or five days a week, except in cases of “extraordinary emergency.” To obtain emergency status, an application must be made to the State Commissioner of Labor, who can grant an exemption if this restriction does not permit sufficient labor to complete a project expeditiously and failure to complete the project expeditiously may create harm.
In addition, rest periods of 20 minutes or less are considered time worked. Any hours worked in excess of eight hours in a single day are subject to overtime pay, which is determined according to the appropriate prevailing wage schedule. Overtime must be paid for excess hours even if employees are called to work fewer than five days in a given week or do not reach a maximum of 40 hours that week. Employers must apply and be authorized by the State Department of Labor to allow a 10-hour/ 4-day work schedule, and there are few such exceptions. Building service employees must be paid one-and-a-half times the prevailing wage rate for any hours worked above 8 in a day or 40 in a week.
Overtime compensation must be no less than one and one-half times the basic hourly rate. However, the specific overtime requirements for each trade or occupation on a public work project may differ. The specific overtime requirements for each trade or occupation are contained in the prevailing rate schedules issued for public work projects. (Article 8, Section 220, subd. 2.).
To access prevailing rate schedules, please visit the following links:
Article 8
Article 9
Overtime Holiday Rates
In New York, overtime holiday pay is premium pay that is required for work performed on specified holidays and only required where the employee actually performs work on such holidays. These holidays may be found under the “Overtime Pay” section listing for each classification.
Other information regarding overtime payments—wait on jobsite, rest breaks
Rest periods of 20 consecutive minutes or less are considered as time worked upon a public work project. Rest periods include coffee breaks and time for snacks, but do not include bona fide meal periods. When an employee reports directly to the public work project and is informed that his/her services are not needed, no payment is required. If they are required to wait, they must receive the prevailing rate for the time spent at the job site. If a worker receives different hourly rates during the course of a day because he is performing different tasks, the prevailing rate for the occupation the employee is working on at the time the overtime hours are worked.
WORKING ON WEEKENDS
Please See, “Overtime” section. Same overtime rules apply.
WORKING ON LEGAL HOLIDAYS
Legal holidays that fall on weekends are observed on Friday or Monday. When a holiday falls on Sunday, the following Monday shall be considered a holiday and all work performed on either day shall be at the double time rate. When a holiday falls on Saturday, the preceding Friday shall be considered a holiday and all work performed on either day shall be at the double time rate.
The following a list of legal holidays listed under “Holiday Codes” in the Prevailing Wage Schedule:
SHIFT DIFFERENTIALS
In New York, prevailing wage rates vary depending on the shift worked. Please See, wage determinations for details.
FRINGE BENEFITS
Prevailing wage regulations also require the payment of fringe benefits. These benefits can be paid in either of two ways. The employer can make a supplemental payment according to the hourly rate specified on the prevailing wage schedules, or the contractor can elect to make a contribution to a benefit plan on the employee’s behalf. Employers electing to make contributions to a benefit plan are not restricted in the type of benefit plans or level of benefits offered, but the contribution must be calculated on an hourly basis according to the supplemental payment rate specified on the prevailing wage rate schedule or must be at least equal to this amount when annualized. The supplemental rate typically includes payments for health and pension benefits, but can also cover vacation pay, insurance and apprenticeship training.
TRAINING CONTRIBUTION
A contribution can be made to a bona fide benefit plan on behalf of the employee. If this option is chosen and the contributions are not made on an hourly basis for all hours worked, both public and private, then the hourly cash credit the employer receives for supplement contributions must be determined (i.e., annualization). Once that credit is determined, if there is any deficiency between the required supplement amount and the hourly credit amount, it must be made up weekly along with employee’s wages.
If, pursuant to a CBA, contributions are made for all hours worked (public and private) and are at least the amount shown in the wage schedule, the requirements of the law have been met.
APPRENTICE REQUIREMENTS
No employee shall be deemed to be an apprentice unless the employee is individually registered in an apprenticeship program that is duly registered with the New York State Commissioner of Labor. Article 8 of the New York State Labor Law requires that only apprentices individually registered with the New York State Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency or office registers apprentices in New York State.
Apprentice ratios are determined by occupation and are outlined in the Apprenticeship Training Program established by the New York State Department of Labor and the Apprentice Program sponsor. Helpers or pre-apprentices can only be used if they are paid at the journeyworker rate. Only registered apprentices can be paid less than the journeyworker rates.
Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the New York State Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing.
To verify apprentice registration of any person, please write to:
New York State Department of Labor Office of Employability
Development/Apprenticeship Training
State Office Campus, Bldg. 12 Albany, NY 12240
Fax: (518) 457-7154
All requests for verification must include the name and social security number of the person for whom the information is requested.
The only conclusive proof of individual apprentice registration is written verification from the Albany Apprenticeship Training Central Office. Neither Federal nor State Apprenticeship Training offices outside Albany can provide conclusive registration information. Please note, that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice.
Apprenticable occupations
Apprenticeship and Training Counsel
Apprenticeship forms
Apprenticeship Program Fact Sheet
TRAVEL & SUBSISTENCE
Individuals who are employed as drivers hauling asphalt and/or concrete to and from portable batch plants established for the sole purpose of supplying public work projects are required to be paid prevailing rates.
When, based upon the circumstances in a locality, the Bureau of Public Work determines that asphalt and concrete batch plants are as a matter of course not built to supply public work projects, investigators shall enforce the requirement that employers pay prevailing wages and supplements to drivers hauling concrete and asphalt to and from a public work project when such materials have originated in plants not more than 50 miles from such project. As of March 1, 2002, the ONLY area in which the Bureau has established that drivers hauling asphalt and/or concrete from commercial plants to or from a public work project will be covered by a prevailing rate is Nassau and Suffolk counties on Long Island.
Where materials or supplies other than asphalt and/or concrete are delivered to a public work site and dropped or stockpiled, the hauling, dropping and/or stockpiling of such materials is not subject to prevailing wage requirements.
Prevailing rates are only required for the time spent on the construction “site” unless the debris is taken to a dedicated site. In the latter instance, prevailing rates are required for all time worked.
CONTRACTOR LICENSING
Except for asbestos abatement work, all construction work in New York is regulated at the local level. To check if a contractor holds a license in New York, you will need to contact the licensing board in that contractor’s community. Please visit New York’s contractor licensing policy for more details.
PENALTIES
Underpayment of wages and/or supplements
Penalties for underpayment of wages/supplements include the following:
1) Interest shall be assessed at the rate then in effect, as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made.
2) A civil penalty may also be assessed, not to exceed 25% of the total of wages, supplements and interest due.
If a contractor underpays prevailing wages, then he must pay interest of up to 16% from the date of underpayments to the date of restitution and a penalty up to 25% of the wages, supplements and interest due.
If a subcontractor underpays prevailing wages, then when evidence indicates a non-compliance or evasion on the part of a subcontractor, the prime contractor is responsible for such non-compliance or evasion. (Section 223).
Criminal Sanctions
Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine or imprisonment of up to 15 years, or both.
Common Violations by Contractors/Subcontractors
1) Misclassifying an employee to pay a lower wage
2) Forcing employees to bank hours
3) Not paying overtime
4) Keeping employees off the books or paying wages in cash
5) Not treating a project that was funded, in whole or in part, with public funds as a prevailing wage job
6) Not paying/contributing to fringe benefits as required by a contract
DEBARMENT
Under Article 8 and Article 9 of the NYS Labor Law, a contractor, sub-contractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any public work or public building service contract/sub-contract with the state, any municipal corporation or public body for a period of five years from the date of debarment when:
Two final determinations have been rendered within any consecutive six-year period determining that such contractor, sub-contractor and/or its successor has willfully failed to pay the prevailing wage and/or supplements
One final determination involves falsification of payroll records or the kickback of wages and/or supplements
“Willful” behavior includes but is not limited to the following:
1) If a contractor had actual knowledge he/she was violating the law
2) Experience of contractor—if there is credible evidence that a contractor “should have known” that it was violating Article 8 (i.e., receipt of the prevailing
rate schedule)
3) History of prior public work prevailing rate violations
4) Gravity and nature of the violation
5) Notification by the Department of Labor that it views the contractor’s act a violation and the contractor fails to take corrective action
Helpful Debarment Links:
Search engine for debarred employers
Complete list of debarred employers
Debarment information
HELPFUL LINKS
Public works regulations
Article 8 Summary
Article 8 prevailing wage schedule
Article 9 prevailing wage schedules
Mail-Request for wage determination
Online application for request of wage determinations
FAQ
Payroll certification
Application for dispensation for hours
Request for wage and supplement information
Subcontractor certification
4Day/10 Hour Work Schedule
Common forms requested
CONTACT INFORMATION
New York State Department of Labor
Bureau of Public Work
State Office Campus, Bldg. 12
Albany, NY 12240
Complaints/questions regarding public work projects let by New York City should be addressed to the:
New York City Comptroller
Municipal Building, Room 530,
New York , New York 10007
Please call, mail or fax your inquiry to the NYSDOL Bureau of Public Work District Office in a given area, or email [email protected]
District Offices
Albany Office (01) Albany, Clinton, Columbia, Dutchess, Essex, Greene, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington
State Office Bldg. Campus
Bldg. 12, Rm. 134B
Albany, NY 12240
Tel. (518) 457-2744
Fax (518) 485-0240
Binghamton Office (02) Broome, Chemung, Chenango, Delaware, Otsego, Schuyler, Steuben, Sullivan, Tioga
State Office Bldg.
44 Hawley St., Rm. 908
Binghamton, NY 13901
Tel. (607) 721-8005
Fax (607) 721-8004
Buffalo Office (03) Allegany, Cattaraugus, Chautauqua, Erie, Niagara
65 Court St., Rm. 201
Buffalo, NY 14202
Tel. (716) 847-7159
Fax (716) 847-7650
Garden City Office (04) Nassau
400 Oak St., Suite 101
Garden City, NY 11530
Tel. (516) 228-3915
Fax (516) 794-3518
Newburgh Office (11) Orange, Rockland
The Maple Bldg.
3 Washington Ctr., 4th Floor
Newburgh, NY 12550
Tel. (845) 568-5287
Fax (845) 568-5332
New York City Office (09) Bronx, Kings, New York, Queens, Richmond
Adam Clayton Powell Jr. SOB
163 W. 125th St., Rm. 1307
New York, NY 10027
Tel. (212) 775-3568
Fax (212) 775-3579
Patchogue Office (12) Suffolk
160 South Ocean Ave. 2nd Floor
Patchogue, NY 11772
Tel. (631) 687-4886
Fax (631) 687-4902
Rochester Office (05) Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming, Yates
109 So. Union St.. Rm. 312
Rochester, NY 14607
Tel. (585) 258-4505
Fax (585) 258-4708
Syracuse Office (06) Cayuga, Cortland, Jefferson, Onondaga, Oswego, Seneca, Tompkins
333 East Washington St., Rm.419
Syracuse, NY 13202
Tel. (315) 428-4056
Fax (315) 428-4671
Utica Office (07) Franklin, Fulton, Hamilton, Herkimer, Lewis, Madison, Montgomery, Oneida, St. Lawrence
207 Genesee St., Rm. 603B
Utica, NY 13501
Tel. (315) 793-2314
Fax (315) 793-2514
White Plains Office (08) Putnam, Westchester
120 Bloomingdale Rd. , Rm. 204
White Plains, NY 10605
Tel. (914) 997-9507
Fax (914) 997-9523
Central Office (10) (General Information)
State Office Bldg. Campus
Bldg. 12, Rm. 130
Albany, NY 12240
Tel. (518) 457-5589
Fax (518) 485-1870
The State of New York established its own prevailing wage law under Articles 8 and 9 of the New York State Labor Law. The Bureau of Public Work administers Articles 8 and 9. Article 8 covers public construction and Article 9 covers building service contracts. The Bureau of Public Work issues wage schedules on a county-by-county basis. They contain the pay rates for each work classification. Under state law, all contracts between a government entity and a contractor must contain these schedules.
Under New York State prevailing wage law, contractors and subcontractors must pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract. Moreover, employers must pay the wage rate set for the locality where the work is performed. The prevailing wage regulations are applicable to all laborers, workers or mechanics employed under a public work contract.
The Commissioner of Labor enforces the prevailing wage requirements on all projects let by the state or its political subdivisions with the exception of projects let by the City of New York. For New York City public work projects, the New York City Comptroller is responsible for the enforcement of Article 8.
Prevailing Wages Set By Locality
Prevailing rates in a locality are determined by virtue of collective bargaining agreements (CBA) between bona fide labor organizations and employers of the private sector, provided that said employers employ at least 30% of workers in the same trade or occupation in the locality where the work is being performed. “Locality” means areas of the state described and defined for a trade or occupation in the current CBAs between bona fide labor organizations and employers of the private sector.
The Department of Labor utilizes the CBAs that were used in the previous year’s annual determination of prevailing rates, unless competent evidence is provided that the negotiated agreement does not cover 30% of workers in the same trade or occupation.
An employer may contest a determination by the fiscal officer. The employer must allege and prove by competent evidence that the actual percentage of workers, laborers, or mechanics covered by a CBA in the locality is below the required thirty percent.
THRESHOLD
New York State Labor Law does not require a minimum monetary threshold amount that must be met for application of prevailing wage regulations to public works projects.
TIMING AND INCREASES
The prevailing rate of wages and supplements are determined annually on July 1 of each year and are effective through June 30 (i.e., July 1, 2001 – June 30, 2002). Article 8, Section 220, subd. 5(a). Please pay particular attention to the dates above the column rates on a wage schedule for a particular occupation because these are the dates that additional adjustments become effective.
Any error corrections or updates in the annual determination will be posted to the Department’s website on the first business day of each month. Contractors are responsible for paying these updated rates retroactive to July 1st. Moreover, contractors are also responsible for payment of the newly determined rates even if the new rates are not included in the wage schedule.
OVERTIME
Employees are not permitted to work more than 8 hours a day or five days a week, except in cases of “extraordinary emergency.” To obtain emergency status, an application must be made to the State Commissioner of Labor, who can grant an exemption if this restriction does not permit sufficient labor to complete a project expeditiously and failure to complete the project expeditiously may create harm.
In addition, rest periods of 20 minutes or less are considered time worked. Any hours worked in excess of eight hours in a single day are subject to overtime pay, which is determined according to the appropriate prevailing wage schedule. Overtime must be paid for excess hours even if employees are called to work fewer than five days in a given week or do not reach a maximum of 40 hours that week. Employers must apply and be authorized by the State Department of Labor to allow a 10-hour/ 4-day work schedule, and there are few such exceptions. Building service employees must be paid one-and-a-half times the prevailing wage rate for any hours worked above 8 in a day or 40 in a week.
Overtime compensation must be no less than one and one-half times the basic hourly rate. However, the specific overtime requirements for each trade or occupation on a public work project may differ. The specific overtime requirements for each trade or occupation are contained in the prevailing rate schedules issued for public work projects. (Article 8, Section 220, subd. 2.).
To access prevailing rate schedules, please visit the following links:
Article 8
Article 9
Overtime Holiday Rates
In New York, overtime holiday pay is premium pay that is required for work performed on specified holidays and only required where the employee actually performs work on such holidays. These holidays may be found under the “Overtime Pay” section listing for each classification.
Other information regarding overtime payments—wait on jobsite, rest breaks
Rest periods of 20 consecutive minutes or less are considered as time worked upon a public work project. Rest periods include coffee breaks and time for snacks, but do not include bona fide meal periods. When an employee reports directly to the public work project and is informed that his/her services are not needed, no payment is required. If they are required to wait, they must receive the prevailing rate for the time spent at the job site. If a worker receives different hourly rates during the course of a day because he is performing different tasks, the prevailing rate for the occupation the employee is working on at the time the overtime hours are worked.
WORKING ON WEEKENDS
Please See, “Overtime” section. Same overtime rules apply.
WORKING ON LEGAL HOLIDAYS
Legal holidays that fall on weekends are observed on Friday or Monday. When a holiday falls on Sunday, the following Monday shall be considered a holiday and all work performed on either day shall be at the double time rate. When a holiday falls on Saturday, the preceding Friday shall be considered a holiday and all work performed on either day shall be at the double time rate.
The following a list of legal holidays listed under “Holiday Codes” in the Prevailing Wage Schedule:
- Labor Day
- Memorial Day
- July 4th
- New Year’s
- Thanksgiving
- Christmas
- Lincoln’s Birthday
- Washington’s Birthday
- Veterans Day
- Good Friday
- Election Day
- Presidential Election Day
- ½ day on Presidential Election Day
- Day after Thanksgiving
- ½ day before Thanksgiving
- ½ day before New Years
- Martin Luther King, Jr. Day
- Memorial Day
SHIFT DIFFERENTIALS
In New York, prevailing wage rates vary depending on the shift worked. Please See, wage determinations for details.
FRINGE BENEFITS
Prevailing wage regulations also require the payment of fringe benefits. These benefits can be paid in either of two ways. The employer can make a supplemental payment according to the hourly rate specified on the prevailing wage schedules, or the contractor can elect to make a contribution to a benefit plan on the employee’s behalf. Employers electing to make contributions to a benefit plan are not restricted in the type of benefit plans or level of benefits offered, but the contribution must be calculated on an hourly basis according to the supplemental payment rate specified on the prevailing wage rate schedule or must be at least equal to this amount when annualized. The supplemental rate typically includes payments for health and pension benefits, but can also cover vacation pay, insurance and apprenticeship training.
TRAINING CONTRIBUTION
A contribution can be made to a bona fide benefit plan on behalf of the employee. If this option is chosen and the contributions are not made on an hourly basis for all hours worked, both public and private, then the hourly cash credit the employer receives for supplement contributions must be determined (i.e., annualization). Once that credit is determined, if there is any deficiency between the required supplement amount and the hourly credit amount, it must be made up weekly along with employee’s wages.
If, pursuant to a CBA, contributions are made for all hours worked (public and private) and are at least the amount shown in the wage schedule, the requirements of the law have been met.
APPRENTICE REQUIREMENTS
No employee shall be deemed to be an apprentice unless the employee is individually registered in an apprenticeship program that is duly registered with the New York State Commissioner of Labor. Article 8 of the New York State Labor Law requires that only apprentices individually registered with the New York State Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency or office registers apprentices in New York State.
Apprentice ratios are determined by occupation and are outlined in the Apprenticeship Training Program established by the New York State Department of Labor and the Apprentice Program sponsor. Helpers or pre-apprentices can only be used if they are paid at the journeyworker rate. Only registered apprentices can be paid less than the journeyworker rates.
Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the New York State Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing.
To verify apprentice registration of any person, please write to:
New York State Department of Labor Office of Employability
Development/Apprenticeship Training
State Office Campus, Bldg. 12 Albany, NY 12240
Fax: (518) 457-7154
All requests for verification must include the name and social security number of the person for whom the information is requested.
The only conclusive proof of individual apprentice registration is written verification from the Albany Apprenticeship Training Central Office. Neither Federal nor State Apprenticeship Training offices outside Albany can provide conclusive registration information. Please note, that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice.
Apprenticable occupations
Apprenticeship and Training Counsel
Apprenticeship forms
Apprenticeship Program Fact Sheet
TRAVEL & SUBSISTENCE
Individuals who are employed as drivers hauling asphalt and/or concrete to and from portable batch plants established for the sole purpose of supplying public work projects are required to be paid prevailing rates.
When, based upon the circumstances in a locality, the Bureau of Public Work determines that asphalt and concrete batch plants are as a matter of course not built to supply public work projects, investigators shall enforce the requirement that employers pay prevailing wages and supplements to drivers hauling concrete and asphalt to and from a public work project when such materials have originated in plants not more than 50 miles from such project. As of March 1, 2002, the ONLY area in which the Bureau has established that drivers hauling asphalt and/or concrete from commercial plants to or from a public work project will be covered by a prevailing rate is Nassau and Suffolk counties on Long Island.
Where materials or supplies other than asphalt and/or concrete are delivered to a public work site and dropped or stockpiled, the hauling, dropping and/or stockpiling of such materials is not subject to prevailing wage requirements.
Prevailing rates are only required for the time spent on the construction “site” unless the debris is taken to a dedicated site. In the latter instance, prevailing rates are required for all time worked.
CONTRACTOR LICENSING
Except for asbestos abatement work, all construction work in New York is regulated at the local level. To check if a contractor holds a license in New York, you will need to contact the licensing board in that contractor’s community. Please visit New York’s contractor licensing policy for more details.
PENALTIES
Underpayment of wages and/or supplements
Penalties for underpayment of wages/supplements include the following:
1) Interest shall be assessed at the rate then in effect, as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made.
2) A civil penalty may also be assessed, not to exceed 25% of the total of wages, supplements and interest due.
If a contractor underpays prevailing wages, then he must pay interest of up to 16% from the date of underpayments to the date of restitution and a penalty up to 25% of the wages, supplements and interest due.
If a subcontractor underpays prevailing wages, then when evidence indicates a non-compliance or evasion on the part of a subcontractor, the prime contractor is responsible for such non-compliance or evasion. (Section 223).
Criminal Sanctions
Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine or imprisonment of up to 15 years, or both.
Common Violations by Contractors/Subcontractors
1) Misclassifying an employee to pay a lower wage
2) Forcing employees to bank hours
3) Not paying overtime
4) Keeping employees off the books or paying wages in cash
5) Not treating a project that was funded, in whole or in part, with public funds as a prevailing wage job
6) Not paying/contributing to fringe benefits as required by a contract
DEBARMENT
Under Article 8 and Article 9 of the NYS Labor Law, a contractor, sub-contractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any public work or public building service contract/sub-contract with the state, any municipal corporation or public body for a period of five years from the date of debarment when:
Two final determinations have been rendered within any consecutive six-year period determining that such contractor, sub-contractor and/or its successor has willfully failed to pay the prevailing wage and/or supplements
One final determination involves falsification of payroll records or the kickback of wages and/or supplements
“Willful” behavior includes but is not limited to the following:
1) If a contractor had actual knowledge he/she was violating the law
2) Experience of contractor—if there is credible evidence that a contractor “should have known” that it was violating Article 8 (i.e., receipt of the prevailing
rate schedule)
3) History of prior public work prevailing rate violations
4) Gravity and nature of the violation
5) Notification by the Department of Labor that it views the contractor’s act a violation and the contractor fails to take corrective action
Helpful Debarment Links:
Search engine for debarred employers
Complete list of debarred employers
Debarment information
HELPFUL LINKS
Public works regulations
Article 8 Summary
Article 8 prevailing wage schedule
Article 9 prevailing wage schedules
Mail-Request for wage determination
Online application for request of wage determinations
FAQ
Payroll certification
Application for dispensation for hours
Request for wage and supplement information
Subcontractor certification
4Day/10 Hour Work Schedule
Common forms requested
CONTACT INFORMATION
New York State Department of Labor
Bureau of Public Work
State Office Campus, Bldg. 12
Albany, NY 12240
Complaints/questions regarding public work projects let by New York City should be addressed to the:
New York City Comptroller
Municipal Building, Room 530,
New York , New York 10007
Please call, mail or fax your inquiry to the NYSDOL Bureau of Public Work District Office in a given area, or email [email protected]
District Offices
Albany Office (01) Albany, Clinton, Columbia, Dutchess, Essex, Greene, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington
State Office Bldg. Campus
Bldg. 12, Rm. 134B
Albany, NY 12240
Tel. (518) 457-2744
Fax (518) 485-0240
Binghamton Office (02) Broome, Chemung, Chenango, Delaware, Otsego, Schuyler, Steuben, Sullivan, Tioga
State Office Bldg.
44 Hawley St., Rm. 908
Binghamton, NY 13901
Tel. (607) 721-8005
Fax (607) 721-8004
Buffalo Office (03) Allegany, Cattaraugus, Chautauqua, Erie, Niagara
65 Court St., Rm. 201
Buffalo, NY 14202
Tel. (716) 847-7159
Fax (716) 847-7650
Garden City Office (04) Nassau
400 Oak St., Suite 101
Garden City, NY 11530
Tel. (516) 228-3915
Fax (516) 794-3518
Newburgh Office (11) Orange, Rockland
The Maple Bldg.
3 Washington Ctr., 4th Floor
Newburgh, NY 12550
Tel. (845) 568-5287
Fax (845) 568-5332
New York City Office (09) Bronx, Kings, New York, Queens, Richmond
Adam Clayton Powell Jr. SOB
163 W. 125th St., Rm. 1307
New York, NY 10027
Tel. (212) 775-3568
Fax (212) 775-3579
Patchogue Office (12) Suffolk
160 South Ocean Ave. 2nd Floor
Patchogue, NY 11772
Tel. (631) 687-4886
Fax (631) 687-4902
Rochester Office (05) Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming, Yates
109 So. Union St.. Rm. 312
Rochester, NY 14607
Tel. (585) 258-4505
Fax (585) 258-4708
Syracuse Office (06) Cayuga, Cortland, Jefferson, Onondaga, Oswego, Seneca, Tompkins
333 East Washington St., Rm.419
Syracuse, NY 13202
Tel. (315) 428-4056
Fax (315) 428-4671
Utica Office (07) Franklin, Fulton, Hamilton, Herkimer, Lewis, Madison, Montgomery, Oneida, St. Lawrence
207 Genesee St., Rm. 603B
Utica, NY 13501
Tel. (315) 793-2314
Fax (315) 793-2514
White Plains Office (08) Putnam, Westchester
120 Bloomingdale Rd. , Rm. 204
White Plains, NY 10605
Tel. (914) 997-9507
Fax (914) 997-9523
Central Office (10) (General Information)
State Office Bldg. Campus
Bldg. 12, Rm. 130
Albany, NY 12240
Tel. (518) 457-5589
Fax (518) 485-1870
