Prevailing Wage Proposed Rule
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rules
Section 6-130 of the Administrative Code of the City of New York (the Prevailing Wage Law), added by Local Law 27 of 2012, requires certain developers receiving City financial assistance and certain lessors leasing commercial office space or commercial office facilities to the City to pay their building service employees the prevailing wage.
These proposed rules clarify provisions in the Prevailing Wage Law, establish requirements to implement the law and meet its goals, and provide guidance to employers and employees. Specifically, these rules:
· Establish that covered employers must require all building service contractors to pay the prevailing wage to their building service employees;
· Set forth the distribution and posting requirements for employee notices required by the Prevailing Wage Law;
· Set forth the recordkeeping requirements under the Prevailing Wage Law;
· Clarify the Prevailing Wage Law’s definition of “covered developer” and “building service work;”
· Outline the Department’s enforcement steps, including how a covered employer may cure a violation of the Prevailing Wage Law, how the Department will commence a case, and how the Department may settle a complaint;
· Clarify that the Office of Administrative Trials and Hearings (OATH) will issue a decision on the record in all cases;
· Provide guidance on how an OATH administrative law judge may calculate back wages for a building service employee;
· Clarify that if one or more building service employees start or have a civil action pending , it does not preclude the Department from commencing, prosecuting, or settling a case based on some or all of the same violations; and
· Clarify what other appropriate relief may be imposed for a violation of the Prevailing Wage Law, in addition to the penalties set forth in the law.
New text is underlined; deleted material is in [brackets].
“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.