All employers on public works projects in New York State must include on each employee's weekly pay stub, the prevailing wage classification and rate for that employee's particular work. The rate to be included on the pay stub is the applicable prevailing wage rates for the individual employee ("laborer, worker or mechanic"), not his actual rate of pay. In some instances, employees may be paid more than the prevailing wage rate. 

If an individual is covered by more than one job classification within a payroll period, then each such classification and prevailing wage rate must be reported on the pay stub.

In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice.

The prevailing rate is for direct labor only, not fringe benefits, unless such benefits are paid directly to the employee through a cash equivalent payment in the particular paycheck.

In addition, the new law requires the following written notices to all laborers, workers or mechanics:

·         At the beginning of performance of every public works contract post a notice on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers, and mechanics of their right to contact the Department of Labor if he/she is not receiving proper prevailing wage and/or supplements for his/her particular job classification.  Follow this link to view the "Public Work Project Poster"

http://www.labor.state.ny.us/workerprotection/publicwork/PDFs/2.1.08Public%20Work%20Poster.doc

(In addition to this notice, contractors and subcontractors on New York State Public Work projects must post on each job site in a prominent and accessible place, a notice that contains the current Prevailing Rate Schedule; encased in, or constructed of, materials capable of withstanding adverse weather conditions; and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches)

·         Bi-annual notification to all laborers, workers, and mechanics working on public work jobs, in writing, of his/her right to contact the Department of Labor or some other representative if he/she is not receiving the proper prevailing rate of wages and or supplements for his/her particular job classification.  This notice must contain the telephone number and address for the Department of Labor

According to NYS Assembly Bill A09052 Summary, "although contractors and subcontractors are supposed to post the prevailing rate of wage for all job classifications on the jobsite, this is often not done on the jobsites where such violations occur. It follows that contractors and subcontractors who do not pay their workers the prevailing wage rates are not going to properly post the rates. Such information would arm these workers with the knowledge to prevent the violation of the prevailing wage law."

If after investigation, the Commissioner of the NYS Department of Labor finds that a contractor, or subcontractor has: (1) failed to post any notice required under this subdivision, (2) failed to set forth the prevailing wage on the pay stub, (3) willfully posted the incorrect prevailing wage, or (4) willfully set forth the incorrect prevailing wage on the pay stub, the Commissioner shall assess the contractor, or subcontractor, a civil penalty of not more than $50 upon the first finding of a violation, $250 upon the second finding of a violation, and $500 for each subsequent violation. In assessing the amount of the penalty, the Commissioner is required to give due consideration to the size of the employer's business, the good faith of the employer, and the gravity of the violation.

It is important to seek the advice of your attorney or other advisors in order to understand how this law may impact your business.

Follow this link to view the "New Legislation Information Notice:" 

http://www.labor.state.ny.us/workerprotection/publicwork/PDFs/NEW%20LEGISLATION%20Worker%20Notif%20A9052%20(4).pdf

Follow this link to view the full text of "Assembly Bill A09052:"

http://assembly.state.ny.us/leg/?bn=A09052&sh=t