What is a Public Work?
A three-prong test is applied to determine whether a particular project is public work and subject to the prevailing wage requirements of Labor Law Section 220 and article I, Section 17 of the State Constitution. First, a public agency must be a party to a contract involving the employment of laborers, workmen, or mechanics. Second, the contract must concern a project that primarily involves construction-like labor and is paid for by public funds. Third, the primary objective or function of the work product must be the use or other benefit of the general public.
Posting Requirement
The existing prevailing wage rate law, New York Labor Law, Section 220, paragraph a of subdivision 3-a, requires contractors and subcontractors to post notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification.
What else is required?
Covered employers are also required to display the following on all Public Work Projects:
- Prevailing Wage Rate Schedule
- Fair Play Act Poster
- Unemployment Insurance Poster
- Dispensation of Hours Poster (when applicable)
- Workers Compensation Poster
- Disability Benefits Poster