What is the difference between Articles 8 & 9?
New York State Labor Law Article 8 covers public work and certain private construction projects receiving public funds.
New York State Labor Law Article 9 covers building service workers employed by a contractor under a contract with a public agency that is in excess of $1,500.
What is Public Work?
A three-prong test is applied to determine whether a particular project is public work and subject to the prevailing wage requirements of Labor Law § 220 and article I, § 17 of the State Constitution. First, a public agency must be a party to a contract involving the employment of laborers, workmen, or mechanics. Second, the contract must concern a project that primarily involves construction-like labor and is paid for by public funds. Third, the primary objective or function of the work product must be the use or other benefit of the general public.
Who makes the determination whether a project is "Public Work"?
Generally, projects for construction, reconstruction or maintenance done on behalf of a public agency (entity) are public work. In instances where there is a question regarding whether this condition exists, the Bureau of Public Work and Prevailing Wage Enforcement will make a determination based on the project details.
What is considered a Public Agency?
A Public Agency is the State, any of its political subdivisions, a public benefit corporation, a public authority or commission or special purpose district board appointed pursuant to law, and a board of education.
How does the DOL determine which rate applies to a particular task?
The Bureau of Public Work and Prevailing Wage Enforcement looks at all factors, including:
- Nature of the work
- Collective bargaining agreements
- Jurisdictional agreements
- Jurisdictional decisions
- Historical practice
- Past DOL recognition
- Case law precedents
If you have additional questions, please see out additional FAQs for Article 8 and article 9 of Public Work.