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New York Labor Law Article 8 requires that workers on public works construction contracts be paid the prevailing wage and supplemental benefits for their trade and county, as issued by the NYSDOL Bureau of Public Work in county-specific prevailing wage schedules; a 2021 expansion (Article 9, NYLL § 224-b) extended coverage to some large privately-developed projects receiving public subsidies. — Source: NYSDOL Bureau of Public Work

New York public works

New York Prevailing Wage Guide

New York Labor Law Article 8 covers public works construction. The NYSDOL Bureau of Public Work issues prevailing wage schedules by county and trade. A 2021 expansion under Article 9 extended prevailing wage to certain large private development projects receiving substantial public subsidies. This guide covers both programs.

Trade rates not shown here: Prevailing wage rates are issued per county and trade by the NYSDOL Bureau of Public Work. Contractors must request the applicable wage schedule from the Bureau for each project. Rates vary significantly by county and trade.

Article 8 — public works coverage

New York Labor Law Article 8 applies to all workers employed on public works construction contracts — building, heavy construction, highways, utilities — funded by public money. Both prime contractors and subcontractors are covered. Contact the NYSDOL Bureau of Public Work to obtain the applicable wage schedule for a specific project and county.

Article 9 — private project expansion (2021)

Under NYLL § 224-b, enacted in 2021, prevailing wage requirements were extended to certain large privately-developed projects in New York City that receive substantial public financial assistance (30% or more of total project costs, or projects on publicly-owned land). This is a significant expansion beyond the traditional public works definition. Verify whether a specific private project meets the Article 9 threshold with the Bureau of Public Work.

How to find the correct rate

  1. Identify the county where work will be performed.
  2. Identify the trade or craft classification.
  3. Request the prevailing wage schedule from the NYSDOL Bureau of Public Work for that county and project type.
  4. Use the schedule in effect on the date work is performed, not the date the contract was signed.

Overtime calculation formula

New York prevailing wage overtime is calculated at 1.5 times the base rate plus the supplemental benefit (fringe) rate. Supplemental benefits include health, pension, vacation, and apprenticeship contributions, which are paid at the straight-time rate for overtime hours unless the wage schedule specifies otherwise.

Prevailing wage overtime formula

OT pay = (base rate × 1.5) + supplemental benefit rate Example: base $50/hr, supplements $22/hr OT pay = ($50 × 1.5) + $22 = $75 + $22 = $97/hr

What this does not determine

Sources and verification

Rules are drawn from NY Labor Law Article 8 (public works) and Article 9 (§ 224-b) (private projects with public subsidy). Wage schedules are issued by the NYSDOL Bureau of Public Work. Actual rates must be obtained directly from the Bureau.