New York Prevailing Wage Attorneys

Prevailing Wages

What are Prevailing Wages

Public works project workers hired either by the state or federal governments are legally to be paid what are referred to as prevailing wages. These are the hourly wages that workers are salaried, and typically include fringe benefits such as overtime and holiday pay. At minimum, prevailing wages in New York must be the same as the wage rate of workers who labor on similar projects in the local area. Workers are classified by occupation and trade, and compensation for work varies for each job. Prevailing wages can differ by state, and can also vary per county within a state. Contractors overseeing a public works project are legally obligated to pay each worker the appropriate rate.

Types of work that qualify for prevailing wage rates are workers such as roofers, plumbers, painters, electricians, and more.

New York Laws

Prevailing wage rates in New York are determined by the Commissioner of Labor for the New York State Department of Labor and are enforced under New York Labor Law §220. The Commissioner updates the rates annually, and information regarding prevailing wage rates for New York workers laboring on public works projects is published in the Prevailing Rate Schedule. The Commissioner evaluates these wages annually.

Contactors working on public works projects are legally obligated to provide this information to all workers in order to help prevent the underpayment of workers.

Federal Laws

For public works projects funded by the federal government, prevailing wage rates are established by the Secretary of Labor, who is the head of the U.S. Department of Labor (DOL). The McNamara-O'Hara Service Contract Act (SCA), the Davis-Bacon and Related Acts (DBRA), and the Walsh-Healey Public Contracts Act (PCA) specify what kinds of work qualifies for federal prevailing wage rates and related benefits, how information regarding rates and related laws is dispersed to contractors and workers, how laws are enforced and by whom, and the contractual details that are agreed upon in a federal public works project.

Violations & Penalties

To help thwart employers from violating prevailing wage rate laws and underpaying their workers, there are stiff penalties in place. It must be ascertained that an employer violated laws with "willful behavior" and if it is proven that they violated prevailing wage rate laws intentionally, they face hefty fines, possible imprisonment, and could be disbarred from entering into contracts for future public works projects for up to three years. Additionally, if it is concluded they knowingly underpaid their workers, they may have their contractual payments withheld in order for underpaid workers to be adequately compensated, and may also be charged severe interest from the date of a worker's underpayment to the date of reimbursement.

How Underpaid Workers Can Obtain Justice

A worker who believes they have not been paid the correct wages they are legally due may feel intimidated or uncertain about taking legal action against an employer. Consulting with a knowledgeable New York federal prevailing wage law attorney who has experience can help a worker conclude whether their legal rights have been violated. A skilled lawyer can also help a wronged worker decide what the best course of action is depending on particular circumstances. To learn more, contact the attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP today by calling (212) 986-7353.