If you work on public construction projects in New York, you’re entitled to more than just the minimum wage. You’re owed a “prevailing wage,” a rate set by law that’s typically much higher than what’s paid to non-union workers on private jobs. But the system can be confusing, and unfortunately, some employers take advantage of that confusion, leaving workers underpaid.

Are you getting what you’re rightfully owed? It can be hard to tell. This guide will walk you through the exact steps to check if you’re being paid the correct prevailing wage in New York, so you can be confident you’re receiving the fair pay you’ve earned.

The bottom line: If you’re working on a public project in New York and not getting paid prevailing wages, you could be missing out on thousands of dollars. Here’s how to find out for sure.

What Are Prevailing Wages, Anyway?

Think of prevailing wages as a special, higher minimum wage for workers on government-funded projects. These rates are set by law to ensure that public money supports good-paying jobs and typically matches the union rates for each trade in a particular jurisdiction. A prevailing wage isn’t just an hourly rate; it’s a total compensation package that includes:

  1. A base hourly rate; plus

  2. Supplemental Benefits, which are fringe benefits that include paid holidays, vacations or paid time off, health, life, dental and disability insurance, pension or 401(k) benefits and any other benefits. If your employer doesn’t provide these benefits, they must pay you the cash equivalent of the supplemental benefits for all hours worked, including overtime supplemental benefits when applicable.

Your total compensation must equal the total prevailing wage rate for your specific job and location. To learn more about the basics, you can read our comprehensive guide to New York prevailing wage laws.

Step 1: Know Your True Job Classification

This is the most critical step and where many violations happen.

  • What to look for: Your job classification isn’t just your title; it’s about the actual work you perform day-to-day. Are you doing electrical work but being paid as a “general laborer”? Are you operating heavy machinery but classified as a “helper”?

  • The reality check: This is one of the most common ways employers underpay workers. By classifying you in a lower-paying trade, they can illegally save thousands of dollars at your expense. The difference in pay between a “laborer” and a skilled trade like an “electrician” or “ironworker” can be enormous.

  • What you should do: Keep a simple, daily log of the specific tasks you perform. Note the tools you use and the type of work you do. This record can be powerful evidence if you need to make a claim.

Step 2: Find the Official Prevailing Wage Rate for Your Work

Once you know your true job classification, you need to find the official rate for that work in the county where your project is located.

Step 3: Analyze Your Pay Stub

Now it’s time to compare the official rate to what you’re actually being paid.

  • What to look for: Your pay stub should clearly list your:

    • hourly rate

    • number of hours worked

    • fringe benefit payments.

It should be easy to understand.

  • The reality check: A confusing or incomplete pay stub is a major red flag. If you can’t figure out how your pay was calculated, it may be because your employer doesn’t want you to. Your total gross pay (before taxes) divided by your hours worked should equal the total prevailing wage rate for your classification.

  • What you should do: Take the total prevailing wage rate from the official schedule (base rate + fringe benefit rate). Compare that to your pay stub. If your employer provides benefits like a health plan, they can credit the hourly cost of that plan towards the fringe benefit portion. If they don’t, you should see the full fringe benefit amount paid out in cash on your check.

  • Ensure that you are being credited for all hours that you are actually required to work each day, not just work performed on the jobsite.  If your employer requires you to report to a yard or shop each morning to obtain job details and to load tools and equipment before driving out to the jobsite, you should be paid for the required yard and drive time.  While yard and drive time may not entitle you to the full prevailing wage rate, depending on whether you are driving a specialized piece of equipment necessary on the jobsite, you must be paid for this time, including for overtime if the yard and drive time makes you work more than 40 hours in a week.

Red Flags That Signal Prevailing Wage Violations

While you’re checking your pay, watch out for these warning signs that often indicate prevailing wage violations:

  • Your employer refuses to show you the wage schedule or says it’s “confidential.”

  • You’re being paid the same rate on public projects as private jobs. Prevailing wages are almost always significantly higher.

  • Your pay stub is confusing or missing key information about how your wages were calculated.

  • You’re asked to sign papers saying you worked fewer hours than you actually did or that you performed different work.

  • Your employer threatens you when you ask questions about your pay rate.

  • You are paid regular hours properly by paycheck but, if you want to work overtime, all overtime is paid at straight-time rates in cash or company check with no payment of Supplemental Benefits;

  • You are told that everyone needs to report to the yard to help load tools and materials before helping to take all equipment to the jobsite but you are only paid for time spent working on the job.  Just because the company has been doing this for years does not mean that this is legal.  You are entitled to be paid for all hours worked, including overtime for hours over 40, including for time spent at the yard and company-required travel time from the yard to jobsites.

If you see any of these red flags, it’s time to take action.

What If the Numbers Don’t Add Up?

If you’ve gone through these steps and your pay stub doesn’t match the official prevailing wage rates, you may have a valid wage theft claim. Here’s what you need to know:

  • Your rights are protected. It is illegal for your employer to fire, demote, or otherwise retaliate against you for asking questions about your pay or for filing a prevailing wage complaint. New York law specifically protects workers who speak up about wage violations.

  • Document everything. Keep copies of your pay stubs, time records, and any communications with your employer about wages and document exactly which public works projects you are working on. Take photos of your work, of posted construction permits and the job site, if possible, and gather names of co-workers and government inspectors. This documentation can be crucial evidence.

  • You’re not alone. Prevailing wage violations are unfortunately common, but workers have successfully recovered millions of dollars in unpaid wages through legal action.

Take Action to Protect Your Rights

Your hard work on public projects deserves fair pay as mandated by law. Don’t let an employer’s confusion or deliberate underpayment cost you the wages you and your family are counting on.

If you suspect you are not being paid correctly, you don’t have to figure it out alone. The experienced New York prevailing wage lawyers at Pelton Graham have successfully recovered millions of dollars in unpaid wages for construction workers across New York.

Ready to find out if you have a case? Contact us today for a free, confidential consultation. We’ll review your pay records, help you understand your rights, and fight to get you every dollar you’re owed. Call us at (212)385-9700 or contact us online to get started.

Remember: There’s no cost to you unless we win your case. You have nothing to lose and potentially thousands of dollars to gain.