FAQs

Some Commonly asked Questions:

Below is a list of questions and answers involving prevailing wage laws, if you cannot find an answer to your question please call 1-800-609-6727.

For access to current prevailing wage information on the Web, visit the New York State Department of Labor's Web Site by clicking here.

For more information for New York City prevailing wages - Click here.

PREVAILING WAGE BACKGROUND

Q. What is Prevailing Wage?
A: Prevailing wages are the hourly rates, set by the state, for work on a public works job.

The state determines the prevailing wages annually on a public works job by craft, classification of worker and region within the state (usually by county).

Q. Are there different wages based on location?
A: Yes. The Labor Department issues wage schedules on a county-by-county basis.  That wage is the prevailing wage in that location.

Q. What is a collective bargaining agreement?

A: A collective bargaining agreement is negotiated between a labor union and an employer association that sets the terms of employment (including wages, vacation time, working hours, working conditions, and health insurance benefits wages) for the employees at various classifications who are members of that labor union.

Note: Not all workers on a specific job are under the collective bargaining agreement specifics. The one constant is the rates of pay, per hour, for various classifications.

Q. How are prevailing wage rates determined and how often are they updated?
A: Prevailing wage rates are determined by negotiated agreements between labor organizations and employee associations.

The rates change annually, this link will direct you to the latest wage listings for New York State - http://www.labor.state.ny.us/business_ny/employer_responsibilities/prevwage/3webwagetypestatus.htm

Q Are all construction projects required to pay prevailing wage?
A No. The prevailing wage rate applies to only public construction contracts.

Q: What is a public works project?

A: All construction projects that are funded with state and local government agency taxpayer money are considered a public works projects.

Q. My employers is non-union am I entitled to prevailing wage?

A: Yes. Any construction project that is funded with state taxpayer money is considered a public works project. All employees performing work on a public works project, regardless of union or non-union status, are entitled to the prevailing wage and appropriate supplemental benefits.

Q. How can I find out what the prevailing wage rates are for a particular job?
A:  The law requires that the prevailing wage rates be posted in a visible place on all public construction sites.

Q. How can I get a copy of the rates of a particular job?

A: To get a copy of the rates, contact the awarding authority for the prevailing wage rate schedule.

Q. Are prevailing wage rates the same on all projects?

A: No. Prevailing wage rates are set for a set timeframe, usually updated on a annual basis, and may vary from project to project. New York state is divided into various regions and depending on job location, classification and type of project the rates will vary.

Q Does the prevailing wage apply to employees of a sub-contractor?
A Yes. All workers engaged in actual public works construction on the site, excluding supervisors, must be paid prevailing wage. 

Q. Are benefits such as pension and health insurance included in the prevailing wage?

A: Yes. Any contribution made to an approved pension, health and welfare or supplemental unemployment fund, can be deducted from the hourly prevailing wage rate.

Q. What benefit payments (pension, health and welfare or supplemental unemployment fund) can be taken from my check?
A:  Any contribution made to an approved pension, health and welfare or supplemental unemployment fund, can be deducted from the hourly prevailing wage rate.

In most collective bargaining agreements, a worker is paid a certain hourly wage and then various contributions are paid into pension plans, medical plans, training funds (which provide pensions, medical coverage and training for that employee and other workers in that union who qualify for the benefits).

Prevailing wage law requires that, if your employer is employing a workman who is not covered by a collective bargaining agreement, those same hourly wages and benefit packages must be provided directly to the employee. The employer must pay the hourly wage and must pay to the worker additional wages for the benefit contributions that would otherwise go into a union benefit plan.

An employer who pays a certain amount per hour for medical insurance for his employees can deduct that from what he would otherwise pay them under the prevailing wage law.  There are some restrictions on what types of insurance coverage and pensions will be recognized, these details are detailed in the collective bargaining agreement.

 Q. How are the wages reported?

 A: All contractors and subcontractors are required to file certified payroll records on a monthly basis with the appropriate awarding agency.

CLASSIFICATION OF WORKERS

Q. What information is included on certified payroll records?

A: Certified payroll records must be certified and contain accurate information detailing each employee's name, address, and occupational classification, hours worked and wages paid.

Q. How does DOL determine whether the "building" rate or the "heavy/highway" rate should be used for particular work?

A: Prevailing rates are based on collectively bargained agreements. The Department of Labor uses those agreements to determine the wage that covers various work activity.

Q. If I am doing more than one job during the same day or during the same week, how should I be paid?

A: The contractor and every subcontractor will keep original payrolls or transcripts showing:

• hours and days worked by each worker
• occupation at which he/she worked
• hourly wage paid, the supplements paid and job provided

OVERTIME

Q. When is payment for overtime required on New York State public work?

A: All work performed on a public work project over eight hours in any one day or more than five days in any workweek is overtime.

Q. Does overtime requirements differ?

A: Yes. Specific overtime requirements for each trade or occupation on a public work project may differ.

Q. How will I know the overtime requirements?

A: The specific overtime requirements for each trade or occupation are contained in the prevailing rate schedules issued for public work projects.

Q. If I work four 10-hour days should I be paid overtime?

A: Yes. All work in excess of eight hours in ONE day is overtime.

Q If I get different hourly rates because I'm working different jobs during the day – what overtime rate is paid?

A: You should be paid the prevailing rate for the occupation you are working on at the time the overtime hours are worked.

HOURS ON THE JOB

Q. Are "breaks" considered time worked?

A: Rest periods of 20 consecutive minutes or less are considered as time worked upon a public work project. Rest periods include coffee breaks and time for snacks, but do not include meal periods.

Q. If I go to work and find out I'm not needed - should I still be paid?

A: No. If when you report to the public work project you are informed that your services are not needed, no payment is required.