A woman pointing to a wage schedule posted on a wall next to a man

Public Work and Prevailing Wage

Overview

Under New York State Labor Law, contractors and subcontractors must pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract. Employers must pay the prevailing wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by law for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract. The Bureau of Public Work administers Articles 8 and 9 of the New York State Labor Laws:

We issue wage schedules on a county-by-county basis. They contain the pay rates for each work classification. Under State law, all contracts between a government entity and a contractor must contain these schedules.

The prevailing wage law for building service workers amends Public Service Law Article 2 (Section 42-A). The law now requires that the wages and benefits of building service employees at active major electric or steam-generating facilities, or at transmission or distribution facilities considered critical infrastructure as determined by the NYS Division Homeland Security and Emergency Services (DHSES), in consultation with the NYS Department of Public Service (DPS), will be subject to Labor Law Article 9 prevailing wage requirements. This new law went into effect on September 30, 2020.

New Legislation

Hauling of Aggregate Supply Construction Materials: After passing both the Assembly and Senate, A.8727/S.7811 was signed by Governor Hochul on February 24, 2022, amending paragraph f of subdivision 3-a of section 220 of the labor law relating to the payment of prevailing wage for work involving the delivery to and hauling of aggregate supply construction materials. Paragraph f is amended to read as follows:

f. Prevailing wage shall be paid for work performed on a public works [project] worksite pursuant to this section for any work involving the delivery to and hauling from such [projects] worksites of aggregate supply construction materials, as well as any return hauls, whether empty or loaded and any time spent loading/unloading.

(NOTE: Matter in italics is new; matter in brackets [ ] is old law to be omitted.)

 

PROPOSED RULE:

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action: Addition of Part 222 to Title 12 NYCRR.

Statutory authority: Labor Law, section 21(11)

Subject: PrevailingWage for Aggregate Hauling.

Purpose: To clarify the application Labor Law section 220(3-a)(f).

Text of proposed rule: A new Part 222 is added to Chapter III of title 12 NYCRR to read as follows:

Part 222 - Hauling of Aggregate Supply Construction Materials

§ 222.1 Definitions

For the purposes of Section 220 of the Labor Law:

(a) “Worksite” means the area in which the improvements associated with a specific project, as defined in the construction contract, and any surrounding areas supporting that specific project.

(b) “Central stockpile” means a location of centrally stockpiled materials solely dedicated for use on a public work project that is not part of a worksite but intended to support the worksite.

(c) “Aggregate supply construction materials” means sand, gravel, stone, crushed stone, dirt, soil, millings, and fill.

§ 222.2 Application

For the purposes of Section 220 of the Labor Law:

(a) Prevailing wage shall be paid for work performed at a worksite involving the delivery of aggregate supply construction materials to such worksite.

(b) Prevailing wage shall be paid for work performed involving the hauling of aggregate supply construction materials from a worksite to a central stockpile, as well as any return hauls, empty or loaded, time spent loading or unloading at a worksite, and time spent loading or unloading at a central stockpile related to hauls from or to a worksite.

(c) Prevailing wage shall be paid for work performed within a 50-mile radius of a worksite involving the delivery of aggregate supply construction materials from a vendor of aggregate supply construction materials, such as a plant or quarry, to a worksite, except prevailing wage shall not be paid to direct employees of a supplier of aggregate supply construction materials, when making a single delivery in a given day.

Text of proposed rule and any required statements and analyses may be obtained from: Jill Archambault, Department of Labor, Building 12, State Office Campus, Room 509, Albany, NY, (518) 485-2191, email: [email protected]

Data, views or arguments may be submitted to: [email protected]

Public comment will be received until: 60 days after publication of this Notice; November 13, 2022

Prevailing Wage

View current prevailing wage rate schedules:

View a previously requested wage schedule.


View archived prevailing wage rate schedules (PDF format):

Request for Wage and Supplement Information

Please submit your "Request for Wage and Supplement Information" (PW39) ONLY once.

If you submit the same request multiple times, it will assign you different PRC#s for the same project.

If you include your e-mail address on a mailed or faxed Request for Wage and Supplement Information (PW39), we will e-mail you a link to your Original Wage Schedule with the assigned Prevailing Rate Case number ( PRC# ).

From this link you will have access to:

  • PDF files of your complete wage schedule package
  • Online Notice of Award (PW16) form
  • Online Notice of Completion/Cancellation of Contract (PW200) form

Reminder to all Contractors

We post any error corrections or updates in the annual determination to the Department's web site on the first business day of each month. Contractors are responsible for paying these updated rates retroactive to July 1.

Video: How to Request a Prevailing Wage Schedule

Required Postings

For Article 8 (Construction), the posted schedule must be:

Capable of withstanding all weather conditions

Have the title "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches.

For Article 9 (Building Service), the schedule must be:

Posted on or before the first day that work begins.

 

The following posters must also be posted

 

Frequently Asked Questions

NYS Debarment List

To determine if an individual or entity is prohibited from bidding on or being awarded a public work contract, searches on two databases should be performed (with additional instructions on their uses available at the links listed below).

NYS Debarred List (PDF) & NYS Debarred Database: The NYS Debarred List contains individuals and entities that have been debarred for violations of Articles 8 and 9 of the Labor Law, as well as for violations of the Workers' Compensation Law.

Federal System for Award Management: The U.S. General Services Administration allows you to search the status of business entities.

Public Meetings

Public Subsidy Board Meeting 11-21-2022

District Offices/Contact Info

Questions about Public Work? Contact us at: [email protected].

Office

Address

 Service Coverage

Albany Office (01)

State Office Bldg. Campus
Bldg. 12, Rm. 134B
Albany, NY  12226
Tel. (518) 457-2744
Fax (518) 485-0240

Albany, Clinton, Columbia, Dutchess, Essex, Greene, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington

Binghamton Office (02)

State Office Bldg.
44 Hawley St., Rm. 908
Binghamton, NY  13901
Tel. (607) 721-8005
Fax (607) 721-8004

Broome, Chemung, Chenango, Delaware, Otsego, Schuyler, Steuben, Sullivan, Tioga

Buffalo Office (03)

284 Main Street
Buffalo,  NY  14202
Tel. (716) 847-7159
Fax (716) 847-7650

Allegany, Cattaraugus, Chautauqua, Erie, Niagara

Garden City Office (04)

400 Oak St., Suite 101
Garden City, NY  11530
Tel. (516) 228-3915
Fax (516) 794-3518

Nassau

Newburgh Office (11)

The Maple Bldg.
3 Washington Ctr., 4th Floor
Newburgh, NY  12550
Tel. (845) 568-5287
Fax (845) 568-5332

Orange, Rockland

New York City Office (09)

Adam Clayton Powell Jr. SOB
163 W. 125th St., Rm. 1307
New York, NY  10027
Tel. (212) 932-2419
Fax (212) 775-3579

Bronx, Kings, New York, Queens, Richmond

Patchogue Office (12)

160 South Ocean Ave. 2nd Floor
Patchogue, NY  11772
Tel. (631) 687-4882
Fax (631) 687-4902

Suffolk

Rochester Office (05)

109 So. Union St.. Rm. 312
Rochester, NY  14607
Tel. (585) 258-4505
Fax (585) 258-4708

Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming, Yates

Syracuse Office (06)

333 East Washington St., Rm.419
Syracuse, NY  13202
Tel. (315) 428-4056
Fax (315) 428-4671

Cayuga, Cortland, Jefferson, Onondaga, Oswego, Seneca, Tompkins

Utica Office (07)

207 Genesee St., Rm. 603B
Utica, NY  13501
Tel. (315) 793-2314
Fax (315) 793-2514

Franklin, Fulton, Hamilton, Herkimer, Lewis, Madison, Montgomery, Oneida, St. Lawrence

White Plains Office (08)

120 Bloomingdale Rd. , Rm. 204
White Plains, NY  10605
Tel. (914) 997-9507
Fax (914) 997-9523

Putnam, Westchester

Central Office (10)

State Office Bldg. Campus
Bldg. 12, Rm. 130
Albany, NY  12226
Tel. (518) 457-5589
Fax (518) 485-1870

(General Information)