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

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Agency:
Comment By: 
Friday, November 1, 2019
Proposed Rules Content: 

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).

Subject: 

Comptroller’s Enforcement of the Prevailing Wage Law

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

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Regulations

Various state and local laws vest the New York City Comptroller with authority to set prevailing wage and supplement rates and to enforce prevailing wage and living wage laws by conducting investigations and hearings and issuing reports with recommendations or orders, depending on the provisions of the various laws.  Over the years, as additional authority has been given to the Comptroller in this regard, it has become necessary and appropriate to update the Comptroller’s procedural rules. The laws that vest authority in the Comptroller are detailed below.

·       New York state labor law article eight requires payment of prevailing wages and supplements to construction workers on New York city public works projects.

·       New York state labor law article nine requires payment of prevailing wages and supplements to building service employees on building service contracts with city agencies.

·       New York state real property tax law sections 421-a (8), (16)(h), and 17(g) require payment of prevailing wages and supplements to building service employees in certain buildings that receive real estate tax exemptions under that law. New York state real property tax law section 421-a (16)(c) requires payment of an average minimum hourly wage to construction workers on certain projects that are entitled to real estate tax exemptions under that law. 

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

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

These regulations set forth a clear and uniform procedure for setting prevailing wage and supplement rates, conducting investigations and hearings and issuing recommendations or orders in cases brought 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 the heading of chapter 2 of title 44 of the rules of the city of New York to clarify that the rules are inclusive of Comptroller activity under various prevailing wage laws, in addition to the labor law.

Section 2 amends section 2-01 of chapter 2 of title 44 to expand the description of applicable prevailing wage laws.  Section 3 repeals and replaces section 2-02 of chapter 2 of title 44 to address the need for definitions of additional terms.

Section 4 repeals and replaces section 2-03 of chapter 2 of title 44 to set forth the Comptroller’s procedures for determining Prevailing Wage and Supplements and how the determinations may be challenged.

Section 5 repeals and replaces section 2-04 of chapter 2 of title 44 to explain the extent of the obligation to pay prevailing wages and supplements, and record-keeping mandates for covered employers.

Section 6 repeals and replaces section 2-05 of chapter 2 of title 44 to explain how prevailing wage compliance investigations of covered employers are commenced, the look-back period, and the process and resolution of such investigations. The new section 2-05 now includes the parameters for penalties that may be assessed in a settlement with a covered employer in which the violation was committed by a subcontractor.

Section 7 amends chapter 2 of title 44 to add a new section 2-06 regarding prevailing wage hearings, and the interactions between the Comptroller, other agencies, and the office of administrative trials and hearings.

Section 8 renumbers chapters 3 and 4 of title 44, and adds a new heading for a new chapter 3 regarding the Comptroller’s procedure for enforcing living wage and minimum average hourly wage laws.

Section 9 adds a new section 3-01 of chapter 3 of title 44 to describe the applicable living wage and minimum average hourly wage laws.  Section 10 adds a new section 3-02 of chapter 3 of title 44 to define additional terms.

Section 11 adds a new section 3-03 of chapter 3 of title 44 to explain which records covered employers and independent monitors must maintain and provide to the Comptroller.  Section 12 adds a new section 3-04 of chapter 3 of title 44 to explain how living wage and minimum average hourly wage compliance investigations of covered employers are commenced, the look-back period, and the process and resolution of such investigations.

Section 13 adds a new section 3-05 of chapter 3 of title 44 to describe living wage and minimum average hourly wage hearings, and the interactions between the Comptroller, other agencies, and the office of administrative trials and hearings.

Effective Date: 
Sun, 07/29/2018