Comptroller’s Enforcement of the Prevailing Wage Law

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Friday, November 1, 2019
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose of Regulations

Various state and local laws vest the New York city Comptroller with authority to enforce prevailing wage laws by conducting investigations and hearings and issuing reports with recommendations or orders.  New York labor law section 220(3-a)(a)(ii) further requires covered employers to post jobsite notices and provide pay stubs and notices to covered employees with applicable prevailing wage and supplement rates, and vests the Comptroller with the authority to assess civil penalties for violations of these notice requirements.  The laws that vest authority in the Comptroller are detailed below.

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Article 8 of the New York labor law requires payment of prevailing wages and supplements to construction workers on New York city public work projects.

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Article 9 of the New York labor law requires payment of prevailing wages and supplements to building service employees on building service contracts with city agencies.

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Subdivision 8, paragraph h of subdivision 16 and paragraph g of subdivision 17 of section 421-a of the New York real property tax law require payment of prevailing wages and supplements to building service employees in certain buildings that receive real estate tax exemptions under that law.

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New York city administrative code section 6-109 requires payment of prevailing wages and supplements to workers on certain service contracts with city agencies.

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New York city administrative code section 19-142 requires payment of prevailing wages and supplements to workers on New York city street excavations.

This proposed rule sets forth a clear and uniform procedure for investigating and assessing civil penalties for failure to post notices at job sites or provide notices with pay stubs to workers under the above-mentioned laws. The comprehensiveness of the rules provides enhanced guidance to employers, employees, and building owners covered by these laws.

Section 1 amends section 2-02 of chapter 2 of title 44 to add a definition for “Construction Poster” that is required by labor law section 220(3-a)(a)(ii) and amends the definition of “Worker Notice Poster” in section 2-02 of such chapter to conform to the requirements of labor law section 220(3-a)(a)(ii).

Section 2 amends paragraph 1 of subdivision c of section 2-04 of chapter 2 of title 44 to add an additional recordkeeping requirement for pay stubs or wage statements required by labor law sections 195(3) and 220(3-a)(a)(ii).  Section 2 also amends paragraphs 4, 5 and 6 of subdivision c of section 2-04 of such chapter to add additional notice requirements for public work projects to be posted at job sites and provided to workers with their pay stubs under labor law section 220(3-a)(a)(ii).

Section 3 amends chapter 2 of title 44 to add a new section 2-07 creating a procedure for the assessment of civil penalties to covered employers for failure to post required jobsite notices or to provide notices and pay stubs with applicable prevailing wage and supplement rates under labor law section 220(3-a)(a)(ii).

Public Hearing
Subject: 

Comptroller’s Enforcement of the Prevailing Wage Law

Public Hearing Date: 
Friday, November 1, 2019 - 10:00am
Contact: 

No contact

Location: 
David N. Dinkins Municipal Building
One Centre Street Room 1005
New York, NY 10013