DOL Prevailing wage notes CLICK ON THIS LINK.
FAQS RELATED TO ARTICLE 8 PREVAILING WAGE REQUIREMENTS ENFORCED BY THE NYS-DOL
What is Public Work?
A three-prong test is applied to determine whether a particular project is public work and subject to the prevailing wage requirements of Labor Law § 220 and article I, § 17 of the State Constitution. First, a public agency must be a party to a contract involving the employment of laborers, workmen, or mechanics. Second, the contract must concern a project that primarily involves construction-like labor and is paid for by public funds. Third, the primary objective or function of the work product must be the use or other benefit of the general public.
Who makes the determination whether a project is “Public Work”?
Generally, projects for construction, reconstruction or maintenance done on behalf of a public agency (entity) are public work. In instances where there is a question regarding whether this condition exists, the Bureau of Public Work and Prevailing Wage Enforcement will make a determination based on the project details.
Is “maintenance work” subject to Article 8?
Yes, maintenance work involving the employment of laborers, workers or mechanics is subject to Article 8. Building service workers, i.e., janitorial services, are covered under Article 9 of the New York State Labor Law.
What is a certified payroll?
Certified payrolls are original payrolls or transcripts thereof, subscribed and affirmed as true under the penalty of perjury.
Are contractors and subcontractors required to submit payroll records to the public owner?
“Every contractor, and subcontractor, shall submit to the department of jurisdiction within thirty days after issuance of its first payroll, and every thirty days thereafter, a transcript of the original payroll records, as provided by this Article, subscribed and affirmed as true…” (Section 220, subd 3-a)
How long are certified payroll records required to be kept by the contractor?
Contractors are required to maintain, for not less than six years, weekly certified payroll records. (Article 6, Section 195.4)
FAQS RELATED TO ARTICLE 9 BUILDING SERVICES CONTRACTS
What is a Building Service Contract?
A contract, in excess of $1,500.00, between a contractor and a public agency in which the principal purpose is to furnish services through the use of building service employees.
What occupations does a “building service employee” include?
A “building service employee” includes but is not limited, to, watchman, guard, doorman, building cleaner, porter, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and occupations relating to the collection of garbage or refuse, and to the transportation of office furniture and equipment, and the transportation and delivery of fossil fuel.
Does Article 9 cover maintenance to mechanical systems in a building?
No. Maintenance and repair to mechanical systems, which involves the employment of laborers, workers and mechanics, is subject to Article 8 prevailing rates, i.e., electrical, heating and plumbing systems.
Is the Article 9 prevailing rate determined annually?
Yes. Article 9 wage rates published in building service contract prevailing wage schedules requested on or after August 1, 2010, will be determined annually on July 1st and be in effect through June 30th of the following year.
NOTES ABOUT CERTIFIED PAYROLLS – ARTICLE 9 BUILDING SERVICE
- Must be signed and confirmed by the contractor as true, under penalty of perjury
- Must show the hours and days worked, the craft, trade or occupation, and the wages paid.
- Must include a record of supplemental benefits and to whom they are paid on behalf of the worker. A copy of the agreement under which such payments are made and all payments made thereunder must be maintained as well.
- Required to be maintained on the site of the work during all of the time that work under the contract is being performed.
- Must be maintained for three (3) years after project completion
NOTES ON DEPARTMENTS OF JURISDICTION RESPONSIBILITIES WHICH INCLUDES FIRE DISTRICTS
- Request PRC# and wage schedule (online at DOL website)
- Include project wage schedule in bid packet and awarded contract
- Verify contractors who bid on or commence work on a prevailing wage project are registered with the NYS Contractor Registry. Bids submitted by unregistered contractors are considered non-responsive. *Required as of December 30, 2024. For information and to view the Registry, visit: https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing
- Submit a notice of award (PW-16 form) to BPW
- Notify BPW in writing of who will be responsible for collecting and reviewing certified payrolls and post said designation in a conspicuous location at the project site.
- Collect and review certified payrolls *As of December 31, 2025, contractors who submit certified payrolls to the Department of Labor electronically will not be required to submit them to the department of jurisdiction as well, pursuant to NYS LL § 220-J.2-a
- Submit a notice of completion/cancellation (PW-200 form) to BPW when project is completed or cancelled