What Employees Need to Know
A Guide to New York Prevailing Wage Laws
As an employee working on public works projects in New York, it’s crucial to understand your rights under prevailing wage laws. These laws ensure you receive fair compensation for your work, including wages, paid time off, and fringe benefits. This guide will break down the key aspects of New York’s prevailing wage laws that every employee should know.
What Are Prevailing Wages?
Prevailing wages are the minimum hourly rates, including fringe benefits, that you must be paid when working on public works projects in New York. These rates are typically higher than the standard minimum wage and are set based on the wages paid to workers in similar jobs in your area. An employer or union may provide fringe benefits, or an equivalent amount may be paid as part of the hourly rate.
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Legal Framework
Your rights to prevailing wages are protected by two main laws in New York:
- Article 8 of the New York State Labor Law: This covers construction workers on public works projects.
- Article 9 of the New York State Labor Law: This applies to building service employees on public works contracts.
Recent Changes You Should Know About
On January 1, 2022, New York expanded the types of projects that must pay prevailing wages. This change means more workers are now entitled to these higher rates. Key points include:
- Many privately owned projects that receive public funding now must pay prevailing wages.
- This applies to projects that get at least 30% of their construction costs from public funds and have total costs over $5 million.
- Projects that fall within the following categories may be subject to prevailing wage requirements: solar installations, electric vehicle charging stations, renewable energy, broadband installation, and roadway excavation.
How Prevailing Wage Rates Are Determined
Your prevailing wage rate depends on several factors:
- Your trade or occupation
- The county or locality where you’re working
- The type of project (e.g., general construction, residential construction)
Different authorities set these rates:
- For most of New York State: The Commissioner of Labor sets the rates annually.
- For New York City: The City Comptroller determines the rates.
Your Rights as an Employee
When working on a prevailing wage project in New York, you have the right to:
- Receive at least the prevailing wage rate for your trade and locality.
- Be paid for all hours worked, including overtime at the required rate.
- Receive fringe benefits as part of your compensation package.
- See the applicable wage schedule posted at your job site.
- Access your employer’s certified payroll records upon request.
Understanding Your Pay
Your prevailing wage compensation includes two main components:
- Base hourly rate: This is the minimum hourly wage you should receive.
- Fringe benefits: These can include health insurance, retirement contributions, or additional cash payments.
It’s important to understand that your total compensation (base rate plus fringe benefits) must equal or exceed the prevailing wage rate for your trade and location.
How to Verify You’re Being Paid Correctly
To ensure you’re receiving the correct wages:
- Check the posted wage schedule at your job site.
- Compare your pay stub to the prevailing wage rates for your trade and location.
- Keep records of your hours worked.
- Ask your employer for a copy of the certified payroll records if you have concerns.
What to Do If You’re Not Receiving Proper Wages
If you believe you’re not being paid the correct prevailing wage:
- First, talk to your employer. Sometimes, errors can be resolved quickly and amicably.
- If the issue persists, consult with a New York prevailing wage attorney.
- Before your appointment, read our guide How to Prepare for Your Meeting with an Employment Attorney about Unpaid Prevailing Wages.
Protection Against Retaliation
It’s important to know that it’s illegal for your employer to retaliate against you for:
- Asking about your prevailing wage rights
- Filing a complaint about prevailing wage violations
- Cooperating with an investigation into prevailing wage violations
If you face retaliation, you have the right to file a complaint.
Conclusion
Understanding your rights under New York’s prevailing wage laws empowers you to ensure you’re being paid fairly for your work on public projects. By staying informed about the applicable rates, keeping good records, and knowing how to address potential issues, you can protect your rights and secure the compensation you’ve earned.
Remember, these laws exist to protect you and ensure fair compensation for your valuable work. If you have doubts or concerns about your pay on a public works project, don’t hesitate to seek clarification or assistance from professionals who can help. Contact our New York office for a free consultation.