Frequently Asked Questions for NYSDOL Contractor Registry
Q: What is the Contractor Registry?
A: All contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor under Labor Law Section 220-i. This is a new law that goes into effect on December 30, 2024. Private projects subject to Article 8 of the Labor Law include those covered by Labor Law Sections 224-a (public subsidy funded projects), 224-d (renewable energy systems), 224-e (broadband projects), 224-f (climate risk-related and energy transition projects, and roadway excavations).
Q: Are all contractors and subcontractors in New York State required to register with NYSDOL?
A: No. The requirement to register as a contractor or subcontractor with New York State applies only to contractors and subcontractors engaged in construction work on projects subject to Article 8 of the Labor Law. These projects are referred to as “covered projects.” The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.
Q: When do contractors and subcontractors need to register?
A: Registration is required by Labor Law Section 220-i to bid on covered projects beginning December 30, 2024. Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024. NYSDOL encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.
Q: What information does a contractor or subcontractor need to be prepared with to register?
A: To complete the enrollment process for the NYSDOL Contractor Registry, contractors and subcontractors must provide detailed identifying information about their business, its officials, workers compensation and disability insurance, previous labor law violations, and apprenticeships. View a complete list of required documents and information.
Q: How does a contractor or subcontractor register with NYSDOL?
A: Visit the Contractor and Subcontractor Registration Page.
Q: Is there a registration fee for the NYSDOL Contractor Registry?
A: Yes. There is a nonrefundable fee of $200 to register with NYSDOL. There is a reduced nonrefundable fee of $100 for New York State certified Minority or Women Owned Business Entrepreneurs (MWBE) to register with NYSDOL. There is an additional $1.97 credit card processing fee for all applications.
Q: Can a contractor or subcontractor register and pay by mail?
A: No, there is no paper application process or ability to pay by check or cash. All applications must be submitted through the Contractor Registry portal online, and fees must be paid through the portal by credit card.
Q: How long is a contractor’s or subcontractor’s registration valid with NYSDOL?
A: A Certificate of Registration is valid for two calendar years from the date of registration. Registrations must be renewed at least 90 days before the expiration date of the immediately preceding registration. Contractors and subcontractors will receive a reminder to renew registration through the Contractor Registry portal.
Q: Will the contractor or subcontractor receive proof that they are registered with NYSDOL?
A: Yes, unless the Commissioner finds the applicant unfit, a Certificate of Registration with a unique registration number will be issued to the applicant electronically through the Contractor Registry portal. Contractors and subcontractors will be able to download and print the Certificate of Registration from their Contractor Registry portal account.
Q: Can a contractor or subcontractor’s application to register be declined, and on what basis?
A: Yes, under the law NYSDOL can find a contractor or subcontractor unfit to register. A contractor or subcontractor will be determined unfit to register in the following circumstances:
- The contractor or subcontractor is currently debarred or ineligible pursuant to Section 220-b(3) of the Labor Law or Section 141-b of the Workers’ Compensation Law.
- The contractor or subcontractor is currently subject to a final administrative or court order for violation of state or federal prevailing wage law which has not been fully satisfied.
The contractor or subcontractor may reapply for registration after the period of debarment or ineligibility has passed, or where prevailing wage law violations have been fully satisfied and proof of satisfaction has been provided to the Commissioner.
Q: If a contractor or subcontractor has been found “unfit” to register, can it appeal the decision?
A: Yes. Contractors and subcontractors will be notified through the Contractor Registry portal before an unfitness determination is made and given the opportunity to cure the circumstance causing the potential unfitness determination or request a hearing. Hearing requests must be made within 30 days of a notification.
Q: If a contractor or subcontractor receives a notification of unfitness from NYSDOL, does it need to stop work on a contracted job immediately?
A: A contractor or subcontractor who has been determined unfit while working on a covered project can only continue working if a monitor approved by the Commissioner is appointed to oversee the work completed at the sole expense of the contractor or subcontractor who has been determined to be unfit.
Q: Can a contractor or subcontractor’s Certificate of Registration be suspended or revoked?
A: Yes. Registration may be revoked or suspended if a contractor or subcontractor becomes unfit consistent with Labor Law Section 220-i and its accompanying regulations (Part 223 of Title 12 of the New York Codes, Rules, and Regulations).
Q: If a contractor or subcontractor is unsure if they have any outstanding wage assessments or judgments, how can they find out?
A: Contractors and subcontractors may request this information by contacting the Bureau of Public Work & Prevailing Wage Enforcement at [email protected] or by calling (518) 457-5589.
Q: How does a contractor or subcontractor know if they have been debarred?
A: Contractors and subcontractors can conduct a search of whether they are debarred under New York State by using NYSDOL’s New York State Debarments database. Contractors and subcontractors can determine whether they are debarred under federal law by following the instructions on the United States Department of Labor’s website. Contractors and subcontractors are also responsible for determining whether they are debarred in states outside of New York and should inquire with the applicable jurisdiction.
Q: Is information about contractors and subcontractors registered with NYSDOL available to the public? If so, where will the contractor registration data be stored?
A: Yes. Contractor registration data will be available to the public at New York’s Open Data website after December 30, 2024. NYSDOL will not be disclosing any personally identifiable information, including home addresses and percentages of ownership interest in privately held entities.
Q: Can a contractor or subcontractor start work on a project before their registration is complete?
A: No. After December 30, 2024, any contractor who bids on or begins work on a covered project while knowing that that they are not registered with NYSDOL will be subject to a civil penalty of up to $1000 and a stop work order may be issued. After December 30, 2024, a subcontractor who begins work on a covered project while knowing that that they are not registered with NYSDOL will be subject to a civil penalty of up to $1000. Contractors that allow a subcontractor to start work on a covered project where they know, or should have known, that the subcontractor is not registered will be held liable for a violation.
Q: Do contractors or subcontractors need to stop work on an ongoing project if their registration expires?
A: No. If a contractor’s or subcontractor’s registration expires while performing contracted work on a covered project, the contractor or subcontractor is not prohibited from completing their contracted work on the covered project. Contractors seeking to renew their registration will receive notification in advance of its expiration and should renew no later than 90 days before their registration is set to expire.
Q: Is the contractor registry application available in any language other than English?
A: Yes, applicants may complete the contractor registry application forms in English or Spanish. Please note, the application’s final payment page and initial registration through my.ny.gov are only available in English.
Q: Should state and local entities engaging in public work projects confirm whether contractors and subcontractors are registered with NYSDOL?
A: Yes. Labor Law Section 220-i(6) prohibits contractors from bidding on public work and subcontractors from commencing work unless the contractor or subcontractor is registered with NYSDOL. This section requires contractors to submit their Certificate of Registration with their bid materials. NYSDOL recommends adding a requirement to all solicitations for bids or project announcements that contractors are required to provide proof of registration as required by Labor Law Section 220-i as a minimum qualification and that failure to provide proof of registration will disqualify a bidder. NYSDOL also recommends adding language to contracts to ensure that subcontractors are registered as required by Labor Law Section 220-I before commencing work on a covered project. Each Certificate of Registration will have a unique registration number. Contractor registration data will be available to the public at New York’s Open Data website after December 30, 2024 to confirm registration validity. State and local agencies should report any concerns or complaints about contractors or subcontractors violating Labor Law 220-I to the Public Work team at NYSDOL.
Q: Should an owner or developer of a covered project performed under private contract confirm whether contractors and subcontractors are registered with NYSDOL?
A: Yes. Labor Law Section 220-i(8)(a) requires an owner or developer who commences work with a contractor or subcontractor that it knows or should have known is not registered shall, after notice and hearing, be subject to a civil penalty of up to one thousand dollars.
Q: Does registration under this law change or replace any other legal requirements for contractors and subcontractors?
A: No. Labor Law Section 220-i is a new law with requirements that are in addition to other existing requirements.