New York State Prevailing Wage and Public Works Regulations
eMars provides certified payroll and compliance solutions tailored primarily for federal projects and select state jurisdictions. While many agencies accept the standard WH-347 form, some states will require their own form. For questions about supported jurisdictions, please contact our team directly.
Components of Wage Determinations
Both federal and state prevailing wage determinations in New York include:
- Basic Hourly Rate: The minimum hourly wage paid to workers in a specific job classification.
- Fringe Benefits: Non-wage compensation such as health insurance, pension contributions, and paid leave. NY refers to these as "supplements" on Article 8 schedules.
- Total Hourly Rate: The sum of the basic hourly rate and fringe benefits. If a contractor does not provide bona fide fringe benefits, the entire amount must be paid as cash wages.
For instance, if the basic hourly rate is $35 and supplements total $10, the worker must receive $45 per hour either as a combination of wages and benefits or entirely as wages.
Compliance for Contractors and Subcontractors
Contractors and subcontractors working on public works projects in New York must:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
For NY public works, request a PRC number from NYSDOL and use the corresponding project-specific wage schedule from dol.ny.gov. For federally funded projects, pull the DOL wage determination from SAM.gov, applying the determination in effect ten days before bid opening.
Submit Certified Payroll
Submit Certified Payroll
All Article 8 contractors and subcontractors must file certified payroll records electronically through the Certified Payroll portal on NYSDOL's MPWR system every 30 days. Filings must include the contractor's FEIN, NYS contractor registration number, and the project's PRC number. The portal supports bulk XML upload. For federally funded projects, file Form WH-347 weekly with the contracting agency.
Fringe Benefits (Supplements)
Fringe Benefits (Supplements)
Provide bona fide fringe benefits or pay the equivalent value as additional cash on top of the basic hourly rate. Total compensation must equal at least the basic rate plus the supplement rate on the applicable NYSDOL or NYC Comptroller schedule.
Post Wage Rates On-Site
Post Wage Rates On-Site
Recordkeeping
Recordkeeping
Maintain payroll records for at least six years, consistent with NY Labor Law § 195 general payroll recordkeeping. Federal Davis-Bacon recordkeeping runs three years after the prime contract is completed and requires worker telephone and email contact information on DOL request.
Penalties for Non-Compliance
New York imposes severe penalties for contractors that fail to comply with prevailing wage laws, including:
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Payment of Back Wages: Contractors must pay the difference between wages and supplements paid and the prevailing rate.
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Debarment: Two willful violations within a six-year period result in mandatory five-year debarment from bidding on or working on public works contracts.
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Civil Penalty: NYSDOL can assess a civil penalty of up to 25 percent of the underpayment for willful violations.
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Interest: NY Labor Law allows interest on underpayments at a statutory rate.
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Criminal Charges: Willful prevailing wage violations are criminal offenses under NY Labor Law.
Unique Aspects of New York's Prevailing Wage System
- Supplements Built Into the Rate: NY allows contractors to provide bona fide supplements (health insurance, pension contributions, paid leave) as part of the total wage determination, or to pay the equivalent value as cash.
- Local NYC Schedules: The NYC Comptroller publishes separate prevailing wage and supplement schedules that apply to NYC public works projects, parallel to the NYSDOL Commissioner's schedules used statewide.
- Mandatory Contractor and Subcontractor Registry: All contractors and subcontractors must register with NYSDOL before bidding on Article 8 or § 224-a covered projects (Labor Law § 220-i).
- Custom Fabrication Coverage: Effective June 16, 2026, custom-fabricated materials destined for NY public works projects trigger prevailing wage obligations even when fabrication happens off-site.
- Debarment and Criminal Penalties: Two willful violations within six years trigger mandatory five-year debarment, and willful violations can also be charged as crimes under NY Labor Law.
Relevant Resources
- U.S. Department of Labor Wage Determinations Online (WDOL)
- NYSDOL Bureau of Public Work and Prevailing Wage Enforcement
- New York Labor Law, Articles 8
- NYSDOL - Electronic Certified Payroll (MPWR)
- MPWR Login Portal
- Davis-Bacon Wage Determinations: SAM.gov
For the most accurate and current information on prevailing wage requirements, consult the U.S. Department of Labor or your state's official labor website.
New York Prevailing Wage FAQs
What is prevailing wage?
Prevailing wage is a base pay rate established by State and Federal law to ensure that all construction workers engaged in public works projects are paid adequately for the craft they are working in. In New York, the prevailing wage is the minimum hourly rate plus supplements (health insurance, pension contributions, paid leave, etc.) that contractors must pay to laborers, workers, and mechanics on covered public works projects. In NY, prevailing wage rates are set by NYSDOL for Article 8 (construction) and Article 9 (building services), and by the NYC Comptroller for NYC public works. Payment of the prevailing wage helps ensure that contractors hire qualified workers and that public projects are completed to professional standards.
What about apprentices?
NY law requires that apprentices be employed on public works projects covered by Article 8 and § 224-a. Apprentices must be enrolled in a NYSDOL-approved apprenticeship program and used in the proper ratio to journeyworkers on site. On federally funded projects, apprentices must be enrolled in a DOL-registered apprenticeship program. If no apprentices are available or the trade is not apprenticeable, proper documentation must be submitted to the contracting agency.
Who is subject to receiving prevailing wages?
All laborers, workers, and mechanics performing covered work on a NY public works project under Article 8 receive prevailing wages, as do building service workers under Article 9 and workers on § 224-a covered private projects (construction with at least 30 percent public funds and more than $5 million in project costs).
Do workers have to be in a union to receive prevailing wages?
No. Any worker performing covered work on a NY public works project must be paid the prevailing wage and supplement rate listed on the applicable NYSDOL Commissioner's schedule (statewide) or NYC Comptroller's schedule (NYC projects), regardless of union status.