Prevailing Wage on New York Public Work: The Basics
Who sets the rates, posting and certified payroll under Labor Law §220, and covered private projects under §224-a.
Prevailing wage is the rule that sets minimum pay on public construction in New York. If you bid on public work, or work on a covered private project, it shapes your labor costs, your paperwork and your exposure if something goes wrong. This guide covers the basics from the statutes. It is general information, not legal advice; the Department of Labor and the New York City Comptroller publish detailed guidance and the wage schedules themselves.
The core rule
Labor Law §220 requires that wages for a legal day's work on public work "shall be not less than the prevailing rate of wages," and supplements (benefits) must also be paid at the prevailing rate (Labor Law §220). The rule applies to laborers, workers and mechanics employed by the contractor and every subcontractor on the job.
Who sets the rates
The prevailing rates are set by the "fiscal officer." For work for the state, public benefit corporations, counties, villages and most other public bodies, that is the Commissioner of Labor. For work in a city with a population over one million, which means New York City, it is the city comptroller (Labor Law §220). The rates are published as schedules by trade and locality, and they change, usually every year. Bid using the schedule that applies to the specific project.
Posting and payroll records
The statute requires the contractor and every subcontractor to "post in a prominent and accessible place on the site where the work is performed a legible statement of all wage rates." Contractors must also keep certified payroll records, "subscribed and sworn to or affirmed" as true under penalty of perjury, showing for each worker the hours and days worked, the occupation, and the wage rates and supplements paid. These must be submitted to the department of jurisdiction within 30 days of the first payroll and every 30 days after that (Labor Law §220).
Covered private projects
Since the state extended prevailing wage to certain privately owned projects, Labor Law §224-a defines a "covered project" as construction work over $5 million where public funds make up at least 30% of the total project costs (Labor Law §224-a). Public funds can include direct payments and many kinds of subsidies, loans and tax benefits as the statute defines them. The law excludes a long list of project types, including owner-occupied one- and two-family homes and buildings of four units or fewer, certain affordable and supportive housing, projects under a pre-hire collective bargaining agreement, renewable energy systems of five megawatts or less, and some not-for-profit projects. Contractors and subcontractors on a covered project must register with the Contractor Registry before starting work.
Registration comes first
Under Labor Law §220-i, no contractor may bid on public work unless it is registered, and subcontractors on covered projects must register before they start (Labor Law §220-i). The registration form also asks whether the business has outstanding wage assessments and whether it has had final determinations of labor law violations, and DOL publishes the answers. A general contractor assembling a bid will usually check that every subcontractor's certificate is active before listing it.
Supplements count too
Prevailing wage is not just an hourly rate. The schedules also set supplements, the benefits portion, such as health, pension and training contributions. A contractor can pay supplements into qualifying benefit plans or, generally, pay their cash value to the worker. Pricing a bid with the wage rate alone, and forgetting supplements, is a common and expensive mistake.
Who enforces it
DOL's Bureau of Public Work and Prevailing Wage Enforcement, which also runs the Contractor Registry, enforces prevailing wage on most public work in the state, and the New York City Comptroller does so for city work. Investigations can lead to wage assessments, and the registration form later asks every contractor whether it has outstanding wage assessments.
Federal funding
Projects paid for partly with federal money may also be subject to the federal Davis-Bacon Act and related acts, with their own wage determinations and payroll forms. The bid documents will say which rules apply; where both apply, contractors generally follow the higher rate.
Practical steps for a first public job
- Register with the Contractor Registry before you bid, and calendar the expiry date: certificates last two years and expire at the end of a month.
- Get the wage schedule that applies to the project from the bid documents, and price every trade classification you will use, including supplements.
- Set up certified payroll reporting before the first pay period, so the first submission goes in within 30 days.
- Post the wage rate schedule on site at the start of work.
- Make sure your subcontractors are registered and understand the same rules; they file their own payrolls.
- Keep time records that show each worker's classification for each day, especially when workers move between trades.
Apprentices
Apprentices can be paid apprentice rates only when they are in a program registered with the Department of Labor. Some public owners also require contractors to have registered apprenticeship agreements before they are awarded a contract (Labor Law §816-b). Our guide to MWBE certification and apprenticeship explains how that works.
Where to get help
DOL's Bureau of Public Work and Prevailing Wage Enforcement answers questions about prevailing wage and registration, and the New York City Comptroller's office handles questions about city projects. For a specific bid, the contracting agency named in the bid documents is the first point of contact.
Using this directory
The contractors listed here hold an active Contractor Registry certificate. Profiles show what each one disclosed on its registration, including apprenticeship and workers' compensation, exactly as DOL publishes it.
General information only, current as of the date above. The information on NY Public Work Contractor Check is not a recommendation or a guarantee of anyone's work. A license record shows registration status on the date shown, not workmanship, insurance coverage at the time of your job, or suitability for your project. Confirm license, insurance and permits directly before you hire. Rules and programs change; check the official sources linked in this guide.