HOURLY RATES SET BY THE STATE OF NEW YORK
New York Prevailing Wage
The prevailing wage rules apply to many different types of projects and specific jobs at those projects. What the rules do is essentially create a special, and much higher, minimum wage for certain workers on government-related projects. While it sometimes is easy to identify public works projects, other times the governmental connection can be difficult to see. It could be tax breaks, financing assistance, property grants, etc.
Employers are required to know if their contracts are subject to the prevailing wage laws. If covered, the contractor/employer must pay at least the wages set forth in the schedules.
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The New York State Department of Labor (NYDOL) has a wealth of information on its website, including all the current wage schedules. Here are some important highlights:
- Under State law, all contracts between a government entity and a contractor must contain Prevailing Wage Schedules.
- Prevailing Wage Schedules are issued separately, by county.
- The schedules contain the pay rates for each work classification. In all, there are over 65 different job classifications and corresponding wage rates applicable in each New York county.
- Article 8 applies to workers in over 50 categories, covering virtually all of the work done on two types of construction sites:
- “General Construction Projects” (buildings, heavy and highway construction, tunnel and water and sewer), and
- “Residential Construction Projects” (one-family, two-family, row housing, or rental units) that involve a government entity or financing.
- Article 9 applies to workers doing building service work for a public agency.
- Covered workers include watchmen, guards, building cleaners, porters, janitors, gardeners, groundskeepers, firemen, elevator operators, window cleaners, garbage or refuse collectors, furniture and equipment movers, and fuel drivers.
NYC
Prevailing Wage Rules in New York City
The City of New York has its own website that details how State law Articles 8 and 9 apply in New York City. The website also explains two unique NYC wage laws:
- Living wage rates must be paid for home care services, daycare services, head start services, or services to persons with cerebral palsy by contractors with New York City government agency contracts or who receive NYC financial assistance.
- Minimum average hourly rates of between $45 and $63/hour must be paid for construction work on residential buildings with 300 or more rental units that receive NYC tax exemptions.
How to know if your job is covered by the prevailing wage laws:
- Worksites and employers covered by prevailing wage laws are required to post notices, like these, prominently in the workplace.
- You can contact the Department of Labor and ask about your job.
- New York state law was amended to clarify and expand the definition of work covered by the New York prevailing wage laws. The new law goes into effect in January 2022 and we will be updating this information as information becomes available.
NY Prevailing Wage Case Studies
$1 Million Unpaid Prevailing Wages for Construction Workers
Pelton Graham LLC has helped hundreds of construction workers recover [...]
$3.1 Million Unpaid Prevailing Wages Action for Technicians
Pelton Graham LLC represented a group of such technicians who [...]
$1.25 Million for Unpaid Overtime and Prevailing Wage for Security Guards
Pelton Graham LLC secured a settlement of $1.25 Million [...]
New York Prevailing Wage Press Release
A New York appeals court ruled in favor of a class of flaggers who worked for Judlau Contracting Inc., a subsidiary of multi-billion dollar infrastructure contractor OHL Group, that Judlau flaggers who worked on New York public works projects are entitled to recover prevailing wages. The flaggers are represented by Pelton Graham, an employment law firm with offices in New York and California: https://www.prnewswire.com/news-releases/new-york-appeals-court-confirms-construction-flaggers-must-be-paid-prevailing-wages-301530231.html
New York Prevailing Wage Blog Posts
New York Prevailing Wage Resources
Resource Link |
Description |
| New York State Department of Labor – Public Work and Prevailing Wage | Under New York State Labor Law, contractors and subcontractors must pay the prevailing wage rate and supplements (fringe benefits) to all workers under a public work contract. This is an overview of the requirements with links to relevant resources for learning more. |
| NYC Comptroller’s Office – Prevailing Wage Enforcement | Prevailing wage is the wage and benefit rate set annually by the New York City Comptroller for each trade or occupation for employers performing public works projects and building service work on New York City government-funded work sites. This resource explains the enforcement and protections available to prevailing wage workers within NYC. |
| New York Labor Law Article 8 – Prevailing Wage for Public Works | This resource explains the prevailing wage laws regarding hours, wages, and supplements for public works employees in New York. |
| New York Labor Law Article 9 – Prevailing Wage for Building Service Employees | Prevailing wage rates, record keeping, penalties, and limitations for building service employees in New York. |
| NYC Administrative Code Section 6-130 – Prevailing Wage for Building Service Employees | Rules, charters, administrative codes, and amendments of New York City prevailing wage for building service employees. |
| Prevailing Wage Schedules from NYS Department of Labor | The Prevailing Wage Schedules for New York state by county. Note: this is for informational and annual determination purposes only; an original wage schedule must be requested from the Bureau of Public Work. |
| New York City’s Comptroller’s Prevailing Wage Schedules | The Prevailing Wage Schedules for the City of New York. |
| USDOL – Prevailing Wage Requirements for Federal Projects | The Davis-Bacon and Related Acts Regulations for federal project employees on prevailing wage contracts. |
| File a Prevailing Wage Complaint in NYC | For public works within New York City, file prevailing wage complaints to this resource within the Comptroller’s office. |
| File a Prevailing Wage Complaint in NY state (outside of NYC) with the Bureau of Labor Law | Use the Bureau of Labor Law’s complaint form for prevailing wage complaints in New York state outside of NYC. |
We’re Here to Help
If you believe you should have been paid prevailing wages, or if you are required to “kickback” or return a portion of your wages to your employer, contact Pelton Graham LLC to discuss your potential claim and determine how to gather information regarding the important facts of your situation, including whether a job is a government-funded or “public works” project, your hours of work, your wages paid, any discussions you’ve had about prevailing wages, and any fraudulent statement or document you’ve been required to make to government inspectors regarding your wages.