Prevailing Rate Alert!

On February 24, 2008, amendments to New York Labor Law Sec. 220 will take effect requiring contractors and subcontractors performing public works construction to provide written notification to field employees of the prevailing wage rate for their particular job classification. The notification must be given to each worker on their first day of work and with every subsequent pay stub.

In addition, the workers must also be provided with contact information for the New York State Department of Labor (the “NYSDOL”) at the beginning of each public job and at various times thereafter. The notification must contain a statement advising the worker that he/she has a right to contact the NYSDOL to report violations if they are not receiving proper prevailing wages and supplemental benefits for their particular job classification.

Violations of the statute can result in monetary civil penalties. Public works contractors should take note of the new law and adjust their employment practices accordingly.