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New York Prevailing Wage

Where does a contractor working in New York City obtain prevailing wage rates?

The New York City Comptroller’s office publishes prevailing wage rates and benefits for contractors who work within the New York City limits.  These rates are published on July 1st of each year and may be obtained by visiting the New York City Comptroller’s website.

How can I determine the hourly cash credit for supplements provided in New York?

In order to calculate the hourly cash credit, the Department’s regulation on supplements provides the formula for making that determination.

    a)    Determine the actual annual contribution made for supplements for each employee.

    b)    Determine the total annual hours worked by each employee on both public and private work.

    c)    Divide the actual contribution or cost in (a) by the total number of hours worked in (b).

Once that credit is determined, if there is a deficiency between the required supplement amount and the hourly credit amount, it must be made up weekly with the employee’s wages.

Where such proof of total hours worked by each employee is not provided by the employer, the Commissioner of Labor will:

    1.   divide the amount in (a) above by 2080 hours (8 hours per day x 5 days per week x 52 weeks); or

    2.   divide the amount in (a) above) by 1820 hours (7 hours per day x 5 days per week x 52 weeks) where proof is provided establishing that the employee worked only 7 hours per day.

Must contributions to plans be annualized in New York?

All contributions must be annualized, no exceptions.  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.

How may prevailing wage supplements be provided to workers in New York?

Prevailing Wage supplements can be provided to the employee in the following ways:

  1. Paid in cash in lieu of supplements (benefits)
  2. Through irrevocable contributions to a fund, plan or program
  3. Any combination of the above.
Are contractors and subcontractors required to submit payroll records to the public owner in the state of New York?

“Every contractor, and subcontractor, shall submit to the department of jurisdiction within thirty days after issuance of its first payroll, and every thirty days thereafter, a transcript of the original payroll records, as provided by this Article, subscribed and affirmed as true…” (Section 220, subd 3-a)

Where can Prevailing Wage forms be found for the state of New York?

All necessary Prevailing Wage forms and publications can be found on the Bureau of Public Works website.

What are the filing requirements for Prevailing Wage projects in New York?

The contractor and every subcontractor shall keep original payrolls or transcripts thereof showing the hours and days worked by each worker, the occupation at which he/she worked, the hourly wages paid and the supplements paid or provided. [Section 220, subd. 3-a (a)] This includes all books and records pertaining to the rate of wages paid and supplements provided.

Can the employer reduce their fringe obligation by the cost of training apprentices? How is the cost determined?

Cost of training may vary by program, locality and project.  Please refer to your program for specific instructions.

Where can an employer find New York apprentice rates?

Apprentice rates can be obtained on the Bureau of Public Works website.  The apprentice rates can be found on the same wage decision as the journeyman wages by locality.  It is a percentage of journeyman wages and is listed under the journeyman wages on the wage sheet.

When can an employer pay apprentice rates in the state of New York?

The employee must be individually registered in an apprenticeship program that is duly registered with the Commissioner of Labor. (Section 220, subd 3).

How can an employer obtain apprentices in New York?

Employers who wish to train apprentices have to apply to the DOL for a sponsored apprenticeship program and hire their own apprentices.  If they are unable to qualify for a sponsored apprenticeship program, the ABC Merit Apprentice Alliance is an apprentice program for non-union contractors.  This was created for contractors who may not be large enough to have their own sponsored program but wish to bid on Prevailing Wage projects that require apprentices.  The apprentice is trained by the ABC Merit Apprentice Alliance and is indentured to them, but the contractor would hire them and train them.  This alliance was created specifically to manage apprentices for non-union contractors.

Is the training of apprentices mandated in New York?

There is no state wide apprentice mandate, but certain state agencies or municipalities may put an apprenticeship mandate on a project.  This varies by bidding area, municipality or project.  Many projects in New York are PLA projects and therefore will be mandated to hire apprentices.

How does an employer determine where pre-determined increases go that are not allocated at the time of publication in New York?

Contractors should refer to the changes and/or corrections section of the Bureau of Public Works wage decision website.

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.

Does New York issue wage decisions with predetermined increases?

When you review a schedule for a particular occupation, your attention should be directed to the dates above the column rates. These are the dates that additional adjustments become effective.

Where does a contractor obtain the appropriate New York Prevailing Wage decision?

Refer to the Bureau of Public Works wage decision website for a complete list of all wage decisions to utilize by locality.  Prime contractors are required to provide subcontractors with Prevailing Wage schedules.  It is a violation for any contractor or its subcontractor to fail to provide to its subcontractor a copy of the schedule of wages and supplements specified in the contract as well as any annually determined rate issued subsequent to the schedule specified in the contract. (Section 220-a, subd. 1)

What is the method for determining New York’s Prevailing Wage rates?

Prevailing rates in a locality are determined by virtue of collective bargaining agreements 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. (Section 220, subd 5a)

How often are New York’s Prevailing Wage rates determined and when do they take effect?

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. 5a) When you review a schedule for a particular occupation, your attention should be directed to the dates above the column rates. 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.

Who handles Prevailing Wage compliance and enforcement in New York?

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. Any complaints or questions on 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.

What are the various state entities that govern Prevailing Wage in New York?

The Bureau of Public Works enforces New York Prevailing Wage regulations and has jurisdiction over public work projects, other than Federal or HUD projects.  Federal or HUD projects are governed by the New York Department of Labor.

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