2020 New York Laws
LAB - Labor
Article 9 - Prevailing Wage for Building Service Employees and Covered Airport Workers
231 - Prevailing Wage for Building Service Employees.

§  231.  Prevailing  wage  for  building  service  employees. 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.