Public Work and Prevailing Wage

*Update* The proposed rule has been adopted and will be published in the State Register on May 31, 2023.  It will become effective on the same day and the Bureau of Public Work will enforce Section 220.3-a(f) as clarified by Part 222 of 12 NYCRR on all projects bid on or after May 31, 2023, and all contracts entered into on or after May 31, 2023 if the project was not put out to bid.

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:

• Article 8 covers public construction
• Article 9 covers building service contracts

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.

Overview of the Prevailing Wage and Bureau of Public Work

Enforcement Guidance - Renewable Energy Prevailing Wage Requirements 224-d

Contractor Registry;  A.1338/S.5994-C

Adds subsection 220-I to Article 8, establishing a requirement that contractors register with the Bureau of Public Work prior to bidding on public work projects or commencing work on a private covered project that is subject to the prevailing wage pursuant to sections 224-a, 224-d, & 224-e.

The effective date of the registration requirement will be December 30, 2024.  No contractors or subcontractors are required to register prior to that date.

Additional information and the full registration requirements will be available soon.

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.

The proposed rule has been adopted and will be published in the State Register on May 31, 2023.  It will become effective on the same day and the Bureau of Public Work will enforce Section 220.3-a(f) as clarified by Part 222 of 12 NYCRR on all projects bid on or after May 31, 2023, and all contracts entered into on or after May 31, 2023 if the project was not put out to bid.

View current prevailing wage rate schedules:

• Article 8 - public construction
• Article 9 - building service contracts

View a previously requested wage schedule.

View archived prevailing wage rate schedules (PDF format):

• Archived Article 8 Rate Schedules
• Archived Article 9 Rate Schedules

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.

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

• Public Work Poster (English)
• Public Work Poster (Spanish)
• Fair Play Act Poster (English)
• Fair Play Act Poster (Spanish)
• Unemployment Insurance Poster (This poster is obtained by registering with our UI Division - call (888) 899-8810)
• Worker's Compensation Poster (This poster is supplied by the employer's individual insurance carrier)
• Disability Benefits Poster (This poster is supplied by the employer's individual insurance carrier)
• PW101 Public Work Poster (This poster informs workers of their right to prevailing wage and supplements rate)

Article 8 FAQ

Article 9 FAQ

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.

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