2019 New York Laws
LAB - Labor
Article 9 - Prevailing Wage for Building Service Employees
231 - Prevailing Wage.

§  231.  Prevailing  wage.  1.  Every  contractor  shall pay a service
employee under a contract for building service work a wage of  not  less
than  the  prevailing  wage  in  the  locality  for  the craft, trade or
occupation of the service employee.
  2. The obligation of a contractor to pay prevailing supplements may be
discharged by furnishing any equivalent combinations of fringe  benefits
or by making equivalent or differential payments in cash under rules and
regulations established by the fiscal officer.
  3.  Each  contract  for building service work shall contain as part of
the specifications thereof a schedule of the wages required to  be  paid
to  the various classes of service employees on such work, and each such
contract shall further contain a provision obligating the contractor  to
pay  each employee on such work not less than the wage specified for his
craft, trade or occupation in such schedule.
  4. The public agency, or appropriate officer or agent  thereof,  whose
responsibility  it  is to prepare or direct the preparation of the plans
and specifications for a  contract  for  building  service  work,  shall
ascertain  from  such  plans  and  specifications the classifications of
employees to be employed on such work and shall  file  a  list  of  such
classifications  with  the  fiscal officer, together with a statement of
the work to be performed. The fiscal officer shall determine the crafts,
trades  and  occupations  required  for  such  work  and  shall  make  a
determination  of the wages required to be paid in the locality for each
such craft, trade or occupation. A  schedule  of  such  wages  shall  be
annexed  to and form a part of the specifications for the contract prior
to the time of the advertisement for bids on  such  contract  and  shall
constitute  the  schedule  of  wages referred to in subdivision three of
this section.
  5. Upon the award of a contract for building service work by a  public
agency   other   than  a  city,  the  contracting  public  agency  shall
immediately furnish to the commissioner: (a) the name and address of the
contractor to whom the contract was  awarded;  (b)  the  date  when  the
contract  was  awarded; and (c) the approximate consideration stipulated
for in the contract.
  6. No later than the first day upon which work  on  said  contract  is
performed  by any employee, the contractor shall post in a prominent and
accessible place on the site of the work  a  legible  statement  of  the
wages to be paid to the workmen employed thereon.
  7. (a) An apprentice in a craft or trade may be permitted to work at a
wage  lower  than  that  established for the journeymen in such craft or
trade only if all of the following conditions have been met:
  (1)  such  apprentice  has  been   individually   registered   in   an
apprenticeship  program  which  is  duly  registered with the industrial
commissioner in conformity with the provisions of  article  twenty-three
of this chapter;
  (2) such apprentice's registration occurred prior to his employment as
an apprentice on such service work; and
  (3)  written proof of such individual registration is submitted to the
contracting public agency prior to such apprentice's  employment  as  an
apprentice.   The   proof   submitted  shall  include  evidence  of  the
appropriate ratios and apprentice's wage rates.
  (b) In no event shall the ratio of apprentices to journeymen  employed
on such service work be greater than the lesser of the following ratios:
  (1)  the ratio permitted in the apprenticeship program approved by the
industrial commissioner; or
  (2) the ratio prevailing in the locality where the service  work  will
be performed.
  (c)  The  rate  of  wages  established  for  apprentices  shall be the
prevailing rate as determined in accordance with this article.