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 and Prevailing Wage Enforcement 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
Enforcement Guidance – EV Charging Stations in New Parking Structures; SFL §19-a
Enforcement Guidance - Renewable Energy Prevailing Wage Requirements 224-d
Enforcement Guidance - Roadway Excavation Quality Assurance Act - Update 3
Enforcement Guidance - Covered Broadband Projects
Prevailing Wage Training for ConnectALL Projects
- For feedback on the training video above, please reach out to [email protected].
- For more information about the ConnectALL broadband initiative, see the Empire State Development website.
New Guidance Available for Solar Installation
Contractor Registry
There is a new subsection 220-I to Article 8, which establishes a requirement that contractors register with the Bureau of Public Work and Prevailing Wage Enforcement 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.
Proposed regulations to accompany this new law were published in the State Register on May 29, 2024. Public comment on the proposed regulations will be accepted for a 60-day period until July 29, 2024. To submit a comment, please send an email to [email protected]
Hauling of Aggregate Supply Construction Materials:
Paragraph f of Section 220(3-a) of the NYS Labor Law has been amended as follows:
f. Prevailing wage shall be paid for work performed on a public works worksite pursuant to this section for any work involving the delivery to and hauling from such worksites of aggregate supply construction materials, as well as any return hauls, whether empty or loaded and any time spent loading/unloading.
RULE:
A new Part 222 is added to Chapter III of title 12 NYCRR and reads 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 rule was adopted and published in the State Register on May 31, 2023. A lawsuit challenging the adopted rule has been dismissed.
A stay of enforcement was in effect with respect to 12 NYCRR 222.2(c), therefore the 50-mile radius provision has not been in effect or enforced to date.
All other sections of the law and rules are in effect and shall be enforced on all projects solicited on or after November 15, 2023.
UPDATE: On April 11, 2024, the Appellate Division affirmed the lower court’s dismissal of the lawsuit challenging the adopted rule and the stay on enforcement of 12 NYCRR 222.2(c) has been lifted. Therefore, the Department will begin enforcing the 50-mile radius provision of 12 NYCRR 222.2(c) on all projects solicited on or after July 1, 2024, to coincide with the annual publication of the prevailing wage schedule.
Further guidance on compliance with Labor Law Section 220(3-a)(f) as clarified by 12 NYCRR 222.2 will be published soon.
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
- 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)
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 and Prevailing Wage Enforcement? Contact us at: [email protected].
Office | Address | Service Coverage |
Albany Office (01) | State Office Bldg. Campus | Albany, Clinton, Columbia, Dutchess, Essex, Greene, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington |
Binghamton Office (02) | State Office Bldg. | Broome, Chemung, Chenango, Delaware, Otsego, Schuyler, Steuben, Sullivan, Tioga |
Buffalo Office (03) | 284 Main Street | Allegany, Cattaraugus, Chautauqua, Erie, Niagara |
Garden City Office (04) | 400 Oak St., Suite 101 | Nassau |
Newburgh Office (11) | The Maple Bldg. | Orange, Rockland |
New York City Office (09) | Adam Clayton Powell Jr. SOB | Bronx, Kings, New York, Queens, Richmond |
Patchogue Office (12) | 160 South Ocean Ave. 2nd Floor | Suffolk |
Rochester Office (05) | 109 So. Union St.. Rm. 312 | Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming, Yates |
Syracuse Office (06) | 333 East Washington St., Rm.419 | Cayuga, Cortland, Jefferson, Onondaga, Oswego, Seneca, Tompkins |
Utica Office (07) | 207 Genesee St., Rm. 603B | Franklin, Fulton, Hamilton, Herkimer, Lewis, Madison, Montgomery, Oneida, St. Lawrence |
White Plains Office (08) | 120 Bloomingdale Rd. , Rm. 204 | Putnam, Westchester |
Central Office (10) | State Office Bldg. Campus | (General Information) |