Pertinent Provisions of New York Prevailing Wage Laws
The Bureau of Public Works enforces the New York Prevailing Wage regulations that cover all public work projects, except Federal or HUD projects, which are under the New York Department of Labor. New York’s Labor Law requires contractors and subcontractors involved in government- funded projects to pay prevailing wage rates and fringe benefits to all workers under a public work contract. The prevailing wage rate may vary, depending on the locality where the work is performed.
The prevailing wage rate is divided into two: the basic hourly rate and the prevailing wage supplements (fringe benefits). The Commissioner of Labor enforces the prevailing wage requirements on all public work projects, except for projects by the City of New York. The New York City Comptroller in in charge of enforcing the prevailing wage regulations in the City of New York.
Determination of New York Prevailing Wage Rates
Bona fide labor organizations and employers from the private sector who employ at least 30% in the same occupation enter bargaining agreements to determine the prevailing wage rates in the locality. The prevailing wage rates and supplements are determined every first of July, and are effective through June 30 of the next year. The updated prevailing wage rates and benefits are published in the New York City Comptroller’s website.
Prevailing wage supplements can be given to the prevailing wage workers in three ways:
(1) paid in cash,
(2) through irrevocable contributions in a bona fide fringe benefit plan, and
(3) a combination of both.
Contributions to the employee’s fringe benefit plan must be annualized, without any exceptions.
Updates and corrections can be made in the annual prevailing wage determinations. You can find the in the Bureau of Public Works website. Corrections will be posted on the first business day of the month, and will be retroactive to July 1.
Requirements for New York Based Contractors
Aside from complying with the New York Prevailing Wage laws and regulations, government contractors and subcontractors must keep records of original payrolls and transcripts. These records must contain the following information: the number of hours and days worked by the prevailing wage worker, the type of job performed, the applicable hourly wages based on the job performed, and the prevailing wage supplements provided.
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