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New York Prevailing Wage Law Firm

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New York Prevailing Wage Laws

Prevailing wages are the hourly wages a worker is compensated for specific types of labor in a certain area of a public works project, and generally include fringe benefits, such as overtime and holiday pay. Public works projects are defined as projects for local and state governments that are paid either in full or partially by public funds. The prevailing wage rate for the worker must be comparable to the pay that workers performing similar kinds of tasks within a designated area (such as a county) receive. Prevailing wage rates are set for types of work and trade that a public works project employs, for workers such as electricians, plumbers, and sheet metal workers.

How Prevailing Rate Wage Amounts are Determined

In New York, the Commissioner of Labor is tasked with the complex process of classifying workers and determining the kinds of work they perform, such as whether the work performed is in a highly residential area, on a highway, or 10 feet above ground, etc. These classifications influence a worker’s prevailing wage rates and fluctuate by county. For example, an electrician is paid differently than a plumber, and an electrician that works 25 feet above the ground is paid differently than an electrician working on the ground. Similarly, an electrician in the county of Albany is paid differently than an electrician in Chemung County.

New York prevailing wage rates are also determined in comparison to labor union rates for similar job classifications, and are adjusted frequently as union rates change. Additionally, preliminary wage rates are established for journeymen and apprentices, who are paid a percentage of the wage rate a fully trained worker within their job classification is paid.

Information regarding New York prevailing wage rates are found in the Prevailing Rate Schedule, which is published annually by the New York State Department of Labor..

Once New York prevailing wage rates have been created by the Commissioner of Labor, it is the legal responsibility of the contractor overseeing a public works project to pay workers the proper wage rate. If a prime contractor has not received a Prevailing Rate Schedule, they are required to notify the Department of Jurisdiction (Contracting Agency) immediately, who will then request a Schedule from the New York Department of Labor. Once the Department of Jurisdiction receives the Schedule, they must provide all contractors on the project a complete copy of the Schedule. Then, the contractors are required to provide copies of the Schedule to each subcontractor on the project, and must obtain an affidavit certifying that the Schedules were received by all parties. This helps prevent contractors from claiming they were not aware of the prevailing wage rates in New York and also prevents them from underpaying their workers.

New York Workers Deprived of Rightful Pay Have Legal Rights

The laws surrounding prevailing wage rates in New York are incredibly intricate. Unfortunately, workers are oftentimes deprived of their rightful pay either because of being intentionally or accidentally classified at a lower prevailing wage rate position or as an independent contractor. Workers themselves may be confused about what they are legally owed under New York prevailing wage rate classifications. If you have questions regarding prevailing wages in New York, or if you believe you have not been properly paid the wages you are owed legally, call the New York prevailing wage lawyers at Wingate, Russotti, Shapiro & Halperin, LLP at 212-222-4336 today. We can help ensure that you receive the compensation that is due to you.

Related Practice Areas

Prevailing Wages Federal Prevailing Wage Laws New York Prevailing Wage Laws Penalties for Violating Prevailing Wage Laws Prevailing Wages and Types of Work

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